Pending the funeral of Pope Francis, the cardinal voters are more than the maximum permitted number, a derogation from the law is likely. Therefore, the weight of the conservatives increases.
The recent disappearance of Pope Francis seems to have left the Catholic Church in the face of an unprecedented canonical and logistical problem: with 135 cardinal voters currently in office, the conclave exceeds 15 units the maximum limit of 120 established by the apostolic constitutions.
Two cardinals, Antonio Cañizares and Vinko Puljić, gave up to participate in the next conclave for health problems, bringing down the number of voters to 133, however higher than the maximum limit. The limit of 120 cardinal voters was originally established by Pope Paul VIin the Apostolic Constitution Roman pontifies Eligandodating back to 1975. This limit was subsequently confirmed by John Paul II in the Dominici Gregis universesof February 22, 1996, which, among other things, is the Constitution that today regulates the procedures during the vacant office and the development of the conclave.
Article 33 of Roman pontifies Eligando It appears categorical: “The maximum number of cardinal voters must not exceed 120». Paul VI even added a clause that declares “null and invalid their acts, which in any way would recklessly try to change the system or the electoral body”. This means that exceeding this threshold could theoretically make the entire electoral process invalid.
However, the Apostolic Constitution itself also contains an apparently contradictory principle: «No cardinal voter can be excluded from the electo and passive election of the Supreme Pontiffdue to or on the pretext of any excommunication, suspension, interdict or other ecclesiastical impediment ». In essence, what is called “short regulatory circuit” is created in technical terms.
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So why never Pope Francis appointed more cardinal voters of the maximum number allowed? It probably had foreseen this problem would be solved naturally over time. Ten cardinals, appointed by the previous popes and conservative orientation, were born in 1945 and would have turned 80 by the end of the current year, thus losing the right to vote in conclave (Cardinals with more than 80 years cannot vote). By May 2026 the number of cardinal voters would have fallen to 119, falling within the parameters established by the apostolic constitutions and greatly increasing the weight of the purple nominated by Francesco.
The sudden disappearance of the pontiff, however, anticipated the times, making the question explode before the natural flow of time could reduce the number of voters. Solving the current dilemma, therefore, is not easy. Only a pontiff can in fact modify an apostolic constitution of a previous Pope. The most accredited solution seems to be to opt for a derogation from the current rule, perhaps arguing the exceptional nature of the current situation, Given the ban on exceeding the number of 120 voters and at the same time the obligation to have all the cardinals vote.
If you proceed in this way, all 133 purple voters will take part in the Conclave, including the “next eighty -year -old” cardinals, appointed by Benedict XVI and John Paul II, doctrically more traditionalistssuch as Robert Sarah. The number of conservatives, of which the American cardinals represent a sort of “mini block”, are not so numerous that they can indicate a name belonging to their current, but they could be sufficient to impose a name of compromise on progressives. To elect the Pope, in fact, a qualified majority of two thirds of the voters is needed.
In addition to the canonical issues, the high number of cardinal voters also presents a much more practical problem: the Domus Sanctae Marthaethe building built in 1996 specifically to host the cardinals during the conclave, has 131 rooms (105 suite and 26 single rooms). This number, despite being higher than the theoretical limit of 120, is still insufficient to accommodate all 133 current cardinal voters (the room in which Francesco was resided has been sealed and cannot be used). In addition, some of the rooms would currently be uninhabitable, making the “beds” drop to 120, well below the number of cardinal voters.
John Paul II had built the Domus Sanctae Marthae precisely to improve the accommodation conditions during the conclave. The cardinals during the election process of a new pope must in fact reside all together, without having contacts with the outside world. Before the construction of Santa Marta they slept in temporary cells with iron beds and shared washbasins, in rooms adjacent to the Sistine chapel.
To resolve the dilemma of canon law therefore it seems that we go towards the temporary modification of the rule, through a collegial act of the Cardinal College, which could abolish the maximum limit for this specific election. Meanwhile, in San Pietro, tens of thousands of faithful went to pay homage to the body of Pope Francis, while For Saturday’s funeral it is estimated that over one million faithful will attend to give the last farewell to the Holy Father.
