None of the Cardinals may, by pretext or reason of , suspension, or interdict whatsoever, or of any other ecclesiastical impediment, be excluded from the active and passive election of the Supreme Pontiff
. We hereby suspend such censures solely for the purposes of the said election; at other times they are to remain in vigour.
{Apostolic Constitution,
Vacantis Apostolicae Sedis}
. . .
Now, to participate in an election “actively” means to vote in the election and to participate “passively” means to be elected to the office, to be the “passive” (acted upon) object of the election. Thus, no cardinal subjected to “any excommunication” was “excluded from the active and passive election of the Supreme Pontiff” and any of them could have become pope.
Hence, even if John XXIII and Paul VI had been subject to excommunications for any reasons whatsoever, due to heresy or Masonic membership or whatever, they would still have been validly elected to the papacy.
. . .
It was quite necessary that this be so and the Church acted prudently in so legislating. It must be remembered that even a secret pertinacious heretical act known only to the perpetrator automatically effects an excommunication from the Church; so if the excommunicated were barred from office, the electors would have no guarantee that the candidate had been validly elected, and the Church could be left without any valid source of jurisdiction without knowing it. The invalidity would then destructively spread through the Church unknown:
Fr. Brian W. Harrison OS: Thus, if the Church’s law required that a Cardinal be free from all ecclesiastical censure in order to be eligible for the papacy, the voters in general would have no guarantee that any given candidate was not in fact ineligible because of some secret crime by which he had incurred excommunication. They might unwittingly carry out an invalid election, in which case the “Pope” they elected would not be true Pope. The invalidity of his acts would then be a kind of spiritual cancer, quietly destroying the Church’s vital structures from within: the Bishops appointed by him would have no true right to govern their respective dioceses; no laws he passed would be binding on the Church; and in particular, the Cardinals named by him would not be valid electors of a future Pope. How, then, could a true Pope be restored, if at all? Who would be competent to decide? When the fact of this hidden excommunication finally came to light, the resulting chaos would be unimaginable. Nobody would know with certainty who, if anyone, still had any real authority in the Church, and schism - perhaps a series of schisms - would seem almost inevitable. The Church’s law therefore foresees and avoids the possibility of this catastrophic situation by allowing that even a secret heretic or apostate, if elected as Pope, would ascend the Chair of Peter with full juridical rights over the universal Church on earth.
(“A Heretical Pope Would Govern The Church Illicitly But Validly,” in,
Living Tradition, May 2000).
Hence though it may at first seem shocking, to those without a knowledge of the Church’s law on this matter, that even an heretic excommunicated from the Church can be elected to the papacy, upon reflection one can see that it is eminently sensible and prudent for the common good of the Church.