A few days ago, a Catholic Bishop in Texas, USA, proposed that the Cardinals meet to discuss the invalidity of the election of Bergoglio to the papacy.
You can read his blog post on that here:
As editor of the From Rome Blog, I have written the following open Letter to Bishop Gracida, which I have posted to his blog, as a comment, but which I republish here for the sake of all the Cardinals and Bishops and clergy of the Church:
As the blogger who covered the “Team Bergoglio” scandal (from Nov. 2014 onwards) regarding the irregularities of the Conclave of 2013, I would like to comment on your proposal, if I may.
Surely one of the habitual graces of office of the Roman Pontiff is that of infallibility. And I grant that if an occupant of the Holy See show himself not to enjoy such a habit of grace, this is facti species admissible to consideration.
But I submit there are objective canonical reasons, more weighty, to make this consideration.
First of all, we have the written and oral testimony of Bergoglio’s own supporters, who are unanimous in asserting that there was a conspiracy to have him elected by means of the solicitation of vote promises to obtain 25 votes in the first ballot. This is a formal violation of UDG 81, which imposes an excommunication latae sententiae on such offendors, and all who participated in obtaining those votes are also ipso facto excommunicated in virtue of Canon 1329 § 2.
Thus,, if Bergoglio participated formally in this conspiracy he would also be excommunciated and thus in virtue of Canon 1331 incapable of validly assuming the office to which he is elected.
However, even if he did not, Canon 171 §2 would make his election invalid, since it forbids the counting of votes of those who are excommunicate at the time of voting, and thus presumably at least 25 of the 78 votes which he received in the final decisive vote, by which he appeared to be elected, must be struck from the record, leaving the Conclave unconsummated and a sede vacante.
I wrote about all of this more than 4 years ago, and its extremely disappointing that no Cardinal or Bishop has taken any action on these matters. I also proposed a way to encourage Bergoglio and the Cardinals to discuss this in proper canonical form.
I am therefore gratified that you have raised the issue, once again. I hope the number of those who believe Canon Law should be followed grows, as it does provide a solution to the present problem, even if an imperfect Synod is not called.
One could also bring to bear the terms of Pope Paul IV’s Bull “Cum ex apostolatus officio” (never abrogated), which expressly invalidates the election of a heretic, or of anyone who transgressed the decrees of any previous ecumenical council (Trent for example), as Bergoglio is known to have done, by approving the giving of communion to public heretics while Archbishop of Buenas Aires.
For more information about these charges see: A Chronology of Reports on Team Bergoglio.