Papal election rules: Pius XII and current laws compared

In our previous article, we examined the norms governing papal elections during the pontificate of Pope Pius XII. In light of the Papal Conclave of 2025, we shall now compare the Pian rules with the current legislation of the conciliar Church.

From Pius XII to Benedict XVI's Revisions

In 8 December 1945, Pope Pius XII issued the apostolic constitution Vacantis Apostolicae Sedis (VAS), On the vacancy of the apostolic see and the election of the Roman Pontiff.  This constitution was abrogated on 22 February 1996, when 'Pope' John Paul II issued the apostolic constitution Universi Dominici Gregis (UDG).

Benedict XVI  made two significant revisions to this constitution. In 2007, he issued the Motu Proprio De Aliquibus Mutationibus In Normis De Electione Romani Pontificis, which reinstated the traditional norm concerning the majority required to elect the Supreme Pontiff. Subsequently, in 2013, he issued the apostolic letter Normas Nonnullas, reintroducing the two-thirds majority rule without exceptions, which had been abolished in the 2007 revision.

The Cardinal Electors

Under Pius XII, all cardinals who had not been deposed or resigned could vote.

'No Cardinal may be excluded in any way from active or passive participation in the election of the Supreme Pontiff by reason or pretext of any excommunication, suspension, interdict, or other ecclesiastical censure. Such censures are hereby suspended solely for the purpose of this election, though they shall otherwise remain in force. Once a Cardinal of the Holy Roman Church has been created and published in Consistory, he immediately acquires the right to vote in the election of the Pontiff, even if the red hat has not yet been conferred upon him, or the ''closed mouth'' has not been imposed, or, if it has, not yet opened. For the rite of ''closing the mouth'' does not pertain to the essential faculty of Cardinals with respect to the election of the Supreme Pontiff, but is rather a ceremonial act introduced to serve as a reminder to the Cardinals of the modesty which they ought to observe in such matters and in other ecclesiastical acts. Cardinals who have been canonically deposed, or who have resigned the dignity of the cardinalate with the consent of the Roman Pontiff, have no right to participate in the election. Indeed, during the vacancy of the See, the Sacred College has no power to reinstate or render eligible any Cardinal deprived or deposed by the Pope, not even to grant them a vote.' (VAS, 34-36)

Under the new legislation,  only cardinals under 80 years of age at the time of the papal vacancy may vote. 'The right to elect the Roman Pontiff belongs exclusively to the Cardinals of Holy Roman Church, with the exception of those who have reached their eightieth birthday before the day of the Roman Pontiff's death or the day when the Apostolic See becomes vacant. The maximum number of Cardinal electors must not exceed one hundred and twenty. The right of active election by any other ecclesiastical dignitary or the intervention of any lay power of whatsoever grade or order is absolutely excluded.' (UDG, 33)

Number of electors

VAS does not set a limit. On the other hand, UDG prescribes that the maximum number of Cardinal electors must not exceed one hundred and twenty.

Methods of Election

Traditionally, three methods were allowed (VAS, 65-91):

Scrutiny (secret ballot)

Compromise (election by proxy)

Acclamation  or inspiration (unanimous consent of cardinals)

Under the current law, only scrutiny is allowed. Acclamation and compromise were abolished:

'Since the forms of election known as per acclamationem seu inspirationem and per compromissum are abolished, the form of electing the Roman Pontiff shall henceforth be per scrutinium alone.' (UDG, 62)

Required Majority

VAS: At least two-thirds of the votes plus one are required.

UDG: At least two-thirds of the votes are required.

Location

VAS: Apostolic Palace.

UDG: Sistine Chapel, with cardinals lodged in the Domus Sanctae Marthae.

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REFERENCES

John Paul II, Apostolic Constitution Universi Dominici Gregis, 22 February 2013, available at: https://www.vatican.va/content/john-paul-ii/en/apost_constitutions/documents/hf_jp-ii_apc_22021996_universi-dominici-gregis.html (accessed: 25 April 2025).

Pius PP. XII, Constitutio Apostolica Vacantis Apostolicae Sedis, AAS, vol. 38 (1946), no. 3, pp. 65–99