Preliminary Considerations When a diocese becomes vacant, it needs someone to continue the work of its bishop until the future bishop is named. Thus, the church gives a diocesan administrator almost all the authority that the departed bishop had. According to canon law, the diocesan administrator, who is outstanding in doctrine and prudence, “is bound by the obligations and enjoys the power of a diocesan bishop, excluding those matters which are excepted by the nature of things or by the law itself” (canon 427).
The diocesan administrator is normally elected by the College of Consultors. The College is composed of members who are selected from the Priests’ Council and in a number not less than six nor more than 12, to which belongs the functions determined by law. The College of Consultors, in a sense, takes the place of the Priests’ Council during the vacant see and assists and advises the administrator in the governance of the diocese. At some instances their consent is required before the administrator can make a decision. In the same vein also, the consent of the College is also required by a diocesan bishop before he makes a decision or takes action concerning the diocese.
The Catalyst for the Election When Bishop Fabre’s nomination to be the next Archbishop of Louisville became official, this begins his preparation and transition. In the meantime, he remains as diocesan administrator and enjoys the power and authority of this office. The diocese also does not become vacant until Bishop Fabre takes canonical possession of the Archdiocese of Louisville on March 30, 2022. As soon as Bishop Fabre has taken possession, the College of Consultors will need to elect a diocesan administrator, unless the Holy See has given the diocese an apostolic administrator.
The Steps in Electing a Diocesan Administrator 1. The College of Consultors learns that the diocese becomes vacant on March 30, 2022.
2. The priest who is senior in ordination in the College of Consultors convokes and presides during these meetings (cf. canon 502, §2). He informs them when and where the College will meet to elect the diocesan administrator.
3. On the day of the meeting, the consultors gather. A simple majority (at least half) of those eligible to vote must be present for the election. Otherwise, the one who convoked the first meeting must set another meeting for the election and convoke all the consultors again, notifying them of the new time and place.
4. The senior consultor, the priest who is senior in ordination, chairs the meeting.
5. The consultors will select someone to be a notary. They will also select at least two consultors to serve as tellers, that is, those who collect and count the votes.
6. All consultors may nominate candidates for consideration as diocesan administrator.
7. Candidates must be priests or bishops who have completed 35 years of age; they must be outstanding in doctrine and prudence. Priest candidates may be from the local presbytery or from somewhere else. Bishop candidates may be the bishop emeritus or a diocesan bishop from another diocese.
8. When the nomination and discussion is completed, the consultors vote.
9. Voting must occur by secret ballot.
10. If one candidate receives at least two-thirds (2/3) of the votes cast, including abstentions as votes, that candidate is elected diocesan administrator.
11. If no one receives two-thirds of the votes cast, there can be more discussion and more nominations. Then there is another secret ballot like the first.
● After there have been two ballots with no one elected, then the College of Consultors holds a third ballot in which the consultors may vote only for one of two candidates. The two candidates eligible for election are the two candidates who received the most votes in the second ballot. In the third ballot, if one candidate receives more votes than the other, then that candidate is elected diocesan administrator. If there is a tie, then the law gives the election to the candidate older by age.
12. Once someone has been elected, the chairman notifies the elected person. If he accepts, he immediately becomes diocesan administrator. He does not need confirmation by anyone. The new diocesan administrator then makes a profession of faith in the presence of the College of Consultors and notifies the apostolic nuncio of his election.
● If the elected person refuses to accept the office of diocesan administrator, then the College of Consultors must repeat the process for the election before the eight days described in canon 421 have passed.
13. If the College of Consultors does not elect a diocesan administrator within eight days of learning that the diocese is sede vacante, then the College of Consultors loses its right to elect the diocesan administrator.
● Instead, the archbishop of the vacant diocese’ province, chooses the diocesan administrator. For this diocese, the Archbishop of New Orleans would make this choice.
(Very Rev. Eric Leyble, J.C.L., J.V., is the judicial vicar for the Diocese of Houma-Thibodaux and pastor of St. Genevieve Church in Thibodaux.)