Father Hesse:
"... One of the reasons why we cannot positively state that this pope is not pope is because first of all we need proof. We do not have this proof. Some people quote the apostolic bull of Paul IV, cuм Ex Apostolatus against the present pope, saying that Paul IV decreed that a heretic cannot become pope. Yes, but the papal election is an act of administration, not a sacrament. It is not a theological procedure, therefore there cannot be an infallible pronouncement on it. It is an act of administration just like all elections. When in a monastery an abbot is elected, this is a canonical election. The election of the supreme pontiff among the cardinals is a canonical election. And those rules can not only be changed, but were changed a couple of dozen times over in Church history. Leo XIII changed the rules, Pius X changed the rules, Pius XI changed the rules again, Pius XII changed the rules again, Paul VI changed it, and the present pope changed it again. And none of them has ever quoted Paul IV again on this. Now the bull cuм Ex Apostolatus is an infallible bull as far as the doctrinal statements are concerned. It cannot be infallible as far as an administrative rule is concerned, saying that if a cardinal was a heretic, even if he was a heretic and converted, he cannot be validly elected pope. To be validly elected pope you need positive human law and law of administration, and that every single pope can change, much unlike the doctrinal laws, which no pope can change ever. If a pope decides on a moral issue, his successor cannot change it. Impossible. He would put himself in schism with the Church. But a rule of administration, and how it can be changed! And how! In the beginning the people of Rome elected the pope. Later on, it was the clergy of Rome, and very much later on, only 1300 years after Christ died and ressurected and founded His Church at Pentecost, cardinals were the only ones to elect the pope. So if a future pope says, "I don't want cardinals to elect the pope, but all of the bishops in the world," he's gonna make a mess but that doesn't make the election invalid. It would be horrible. I don't want to think of it. But it doesn't make the election, duly procedures required and provided, it doesn't make it invalid because it's an act of administration. And that's why I recommend the sedevacantists to be a little more careful with their judgements. The Society of Saint Pius X is not exactly composed of all idiots, and none of them nowadays consider the Apostolic See vacant. And the three priests, Fathers Sanborn, Kelly and Cekada unfortunately, because they are otherwise very good theologians, unfortunately had to be kicked out of the Society of Saint Pius X for insisting on the "fact" that we do not have a pope. To me this is a neurotic statement, too, because you put yourself in a dead end. Who's gonna elect the next pope? I leave the question to you."