D052 Amending Canon III.11.8 regarding Objections to Episcopal Elections
Resolved, the House of Deputies concurring,
That Canon III.11.8 is hereby amended to read as follows:
<Amended text as it would appear if adopted and concurred. Scroll below the line of asterisks (******) to see the version showing all deleted and added text.>
Sec. 8
a. Within ten days after the election of a Bishop Diocesan, a Bishop Coadjutor, or a Bishop Suffragan by a Diocesan Convention, delegates constituting no less than ten percent of the number of delegates casting votes on the final ballot may file with the Secretary of the Convention written objections to the election process, setting forth in detail all alleged irregularities. Within ten days after receipt thereof, the Secretary of the Convention shall forward copies of the same to the Bishop Diocesan, the Chancellor and Standing Committee of the Diocese, and to the Presiding Bishop, who shall request the Court of Review to investigate the complaint. The Court of Review may invite response by the Bishop Diocesan, the Chancellor, the Standing Committee and any other persons within the Diocese for which the Bishop was elected. Within 45 days after receipt of the request, the Court of Review shall send a written report of its findings to the Presiding Bishop, a copy of which report the Presiding Bishop, within fifteen days, shall cause to be sent to the Bishop Diocesan, the Chancellor, the Standing Committee and the Secretary of the Convention of the electing Diocese. The Secretary shall send a copy of the report to each of the delegates who filed objection to the election process.
b. The report of the Court of Review shallbe sent to the Standing Committees of the several Dioceses, with the Certificate of the Secretary of the electing Convention relating to consent to ordain. Likewise, the Presiding Bishop shallinclude the report in the communication to the Bishops exercising jurisdiction. The 120 day period for Standing Committees and Bishops to consent to the election begins with these communications.
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<Proposed amended resolution text showing exact changes being made:>
Resolved, the House of ____ concurring, That Canon III.11.8 is hereby amended to read as follows:
Sec. 8
a. Within ten days after the election of a Bishop Diocesan, a Bishop Coadjutor, or a Bishop Suffragan by a Diocesan Convention, delegates constituting no less than ten percent of the number of delegates casting votes on the final ballot may file with the Secretary of the Convention written objections to the election process, setting forth in detail all alleged irregularities. Within ten days after receipt thereof, the Secretary of the Convention shall forward copies of the same to the Bishop Diocesan, the Chancellor and Standing Committee of the Diocese, and to the Presiding Bishop, who shall request the Court of Review of the Province in which the Diocese is located to investigate the complaint. The Court of Review may invite response by the Bishop Diocesan, the Chancellor, the Standing Committee and any other persons within the Diocese for which the Bishop was elected. Within thirty 45 days after receipt of the request, the Court of Review shall send a written report of its findings to the Presiding Bishop, a copy of which report the Presiding Bishop, within fifteen days, shall cause to be sent to the Bishop Diocesan, the Chancellor, the Standing Committee and the Secretary of the Convention of the electing Diocese. The Secretary shall send a copy of the report to each of the delegates who filed objection to the election process.
b. The report of the Court of Review shall be sent to the Standing Committees of the several Dioceses, with the Certificate of the Secretary of the electing Convention relating to consent to ordain. Likewise, the Presiding Bishop shall include the report in the communication to the Bishops exercising jurisdiction. The 120 day period for Standing Committees and Bishops to consent to the election begins with these communications.
Explanation
This resolution seeks to make three canonical amendments related to the Court of Review’s work investigating contested episcopal elections. The first amendment removes a now anachronistic reference to provincial courts of review, which no longer exist. The second amendment increases the length of time that the Court of Review is given to complete its investigation and issue its report from 30 to 45 days. This change is requested by the President of the Court of Review in response to the Court’s experience investigating episcopal elections during the past triennium. The single, church-wide Court of Review is much larger than the Provincial Courts of Review and so the coordination of calendars to ensure maximal participation by members of the Court, along with the need to sometimes conduct work in translation, necessitates the increased window of time. The third amendment clarifies that the 120 day time period for Standing Committees and Bishops with jurisdiction to consent to the election (described in Canon III.11.3 and Canon III.11.4) does not begin until after the Court of Review concludes its work and its report is distributed.