Rogatio Arminia de ratione comitiorum plebis et populi tributorum (Nova Roma)

This law is intended to bring Nova Roma closer to the Ancient Way of voting and to unify the current legislation of voting on the Comitia. This law replaces the lex Moravia de suffragiis in comitia plebis tributa et ratione comitiorum plebis tributorum, the lex Fabia de ratione comitiorum populi tributorum, the lex Arminia de ratione comitiorum plebis tributorum, the lex Arminia de potestate tribunicia ad comitia convocanda, the lex Arminina de suffragiis in comitiis tributiis, and the lex Salicia de tribunicia comitiorum convocatione. It regulates the procedures to be observed in the comitia plebis tributa (herein called the concilium plebis) and in the comitia populi tributa (herein called the comitia tributa).

I. Who May Convene The Comitia

A. A consul may convene the comitia tributa.

B. A praetor may convene the comitia tributa.

C. A dictator may convene the comitia tributa.

D. A tribunus plebis may convene the concilium plebis to legislate concerning the internal procedures of the concilium plebis and to elect magistrates of the plebs.

E. A tribunus plebis may convene the concilium plebis for any purpose if the plebs constitutes 90% or more of the population, or otherwise may convene the comitia tributa.

i. Between the first and the last day of June and again between the first and the last day of December every year the censores, or whatever magistrates shall be responsible for the album civium, shall announce:

a. the total number of full citizens;

b. the total number of patrician full citizens;

c. the ratio between those two numbers (i.e. the number of patricians divided by the number of citizens).

ii. If the number described in E.i.c is greater than 0.1, the tribunus plebis may convene the comitia tributa.

iii. If the number described in E.i.c is equal to or less than 0.1, the tribunus plebis may convene the concilium plebis.

iv. When the Tribune convene the comitia tributa, all other procedures not described by this or any other law are the same of the concilium plebis convening.

F. The magistrate who convenes the comitia shall be referred to as the presiding magistrate, if the Comitia was called with auspices taken, the presiding magistrate will be the holder of the Comitia auspices.

II. Whether And How The Auspices Shall Be Taken

A. A magistrate possessing Curule Dignitatis (called curule magistrate), wishing to convene the comitia tributa may take the auspices or arrange for the auspices to be taken on his behalf in whatever manner is laid down in law, and shall be liable to any penalties laid down in law for failing to observe the proper procedures for the taking of auspices.

B. A tribunus plebis wishing to convene the comitia tributa or the concilium plebis shall not take auspices or have auspices taken.

III. How The Comitia Shall Be Convened

A. The presiding magistrate may convene the comitia by making a public announcement in whatever public fora are established for public announcements.

B. In this announcement he shall state:

i. the names of any candidates for office, the office for which they are running, and their dates of citizenship;

ii. the full text of any leges or plebiscita to be proposed;

iii. the name of anyone to be tried or anyone that has appealed to the Comitia, and the details of the charges against him (each defendant and each charge shall be listed and voted upon separately);

iv. the dates on which contiones (public discussions regarding the agenda of the comitia) may take place;

v. the dates on which voters may vote;

vi. any additional instructions concerning the meeting of the comitia.

C. The presiding magistrate is responsible for ensuring, as far as possible and with the assistance of the censores, that any candidates for office are legally qualified to stand for election to that office.

D. Any revision of the text of the law can be send to NR forum until 12 hours before the Cista start.

IV. When Contiones And Voting May Occur, And How Meetings May Be Obstructed

A. The announcement of the convention of the comitia (described in III.A & III.B) must be made at least 72 hours before the first day of voting.

i. A magistrate capable of calling the comitia may add itens and the agenda of a Comitia already called, if there is time available until the begging of the voting, following the procedures of this law. However, the presiding magistrate will be only the first one who called the Comitia. Any problem ou doubt about entering new itens during the Contio will be solved by the decision of the presiding magistrate.

B. Between the day of the announcement and the first day of voting, a contio can be held on every day on which it is proper for a contio to be held. The Contio can start since the issuing of the calling.

C. Veto or other forms of legal obstruction may occur up to the beginning of voting. Once voting has begun, no one shall obstruct the vote.

i. Veto or other forms of legal obstruction may be used either to cancel the meeting of the comitia in its entirety, or to remove any election, legislative proposal, or trial from the agenda of the meeting.

ii. Veto or other forms of legal obstruction may not be used to remove a candidate from an election, or a section from a legislative proposal, or any other part of an item.

D. Obnuntiatio or other forms of religious obstruction may occur up to the beginning of voting. Once voting has begun, no one shall obstruct the vote.

i. Obnuntiatio or other forms of religious obstruction may not cancel the meeting of the comitia or remove any item from its agenda, but may postpone the beginning of voting until the next comitial day after the day on which voting would otherwise have begun.

ii. If the beginning of voting is postponed in this way, the end of voting shall be postponed to allow at least the same number of days of voting as would previously have occurred.

E. At least 120 hours of voting must be allowed, except that if the comitia is meeting to hear a trial at least 198 hours of voting must be allowed.

F. For an appeal to the Comitia Populi, the procedures of time for starting the voting above on this law will change. Due to the urgency of the appelation voting, a Tribune (due to the lack of auspices) can call the Comitia to start imediately. In this case, the Cista will start as soon as possible after the call, as soon as the magister aranearius is able to create and announce the opening. However, at least 120 hours of voting must be allowed.

V. How Votes May Be Cast

A. The censores shall issue to each citizen who may vote a unique voter-code. Only votes marked with valid voter-codes shall be counted.

i. No vote cast by a patrician shall be counted in the concilium plebis.

B. In consultation with the magistrates responsible for counting votes, the magister aranearius shall create a cista (a secure web-based form to allow voters to vote directly through the Nova Roma website).

i. The cista shall deliver to the magistrates responsible for counting votes a record of each vote, marked with the voter's voter-code, order (patrician or plebeian), and desired votes.

ii. The cista shall give the voter a record of his votes.

C. Alternative procedures for voting may be enacted by law in addition to the web-based cista.

D. Each ballot shall offer the following options:

i. For each candidate for public office, each voter may either mark the candidate 'yes (vti rogas)' or leave him unmarked.

ii. For each legislative proposal, each voter may vote either 'yes (vti rogas)' or 'no (antiqvo)'.

iii. For each charge against a defendant, each voter may vote either 'condemn (condemno)' or 'absolve (absolvo)'.

E. When the agenda for the meeting includes an election for public office, each ballot shall carry the following direction: 'you may vote for as many candidates as you wish, but you are advised to vote only for those candidates you strongly support'.

F. If more than one vote is cast carrying the same voter-code, only the last vote cast shall be counted.

VI. How Votes For Election Shall Be Counted

A. Votes shall be grouped by tribe.

i. For each tribe, the candidates shall be listed by the number of 'yes' votes they receive from voters in that tribe.

ii. The candidate who receives most 'yes' votes (ties being broken according specific law. If there is no law specifically available about ties, the ties will be broken randomly) shall be the first preference of that tribe, and so on.

iii. Any candidate who receives no 'yes' votes in that tribe shall not be listed in that tribe's preference-list.

iv. Any tribe which contains no 'yes' votes at all shall be considered void.

B. The threshold for election is as follows:

i. For 1 vacancy, one half of the tribes (not counting void tribes);

ii. For 2 vacancies, one third of the tribes (not counting void tribes);

iii. For 3 vacancies, one quarter of the tribes (not counting void tribes);

iv. For 4 vacancies, one fifth of the tribes (not counting void tribes);

v. For 5 vacancies, one sixth of the tribes (not counting void tribes);

vi. For 6 vacancies, one seventh of the tribes (not counting void tribes);

vii. For 7 vacancies, one eighth of the tribes (not counting void tribes);

viii. For 8 vacancies, one ninth of the tribes (not counting void tribes);

ix. ... and so on. These numbers must not be rounded up or down.

C. Votes shall be counted in several rounds. The first round shall proceed as follows.

i. Assign each tribe to the candidate at the top of its preference-list.

ii. Calculated the threshold as in VI.C.

iii. Count the total value of each candidate's tribes. Each tribe has a value of 1.

iv. If a candidate meets the threshold he is elected. If more than one candidate meets the threshold, all are elected, in the order of the number of tribes they have, up to the number of vacancies available. Ties are broken according specific law. If there is no law specifically available about ties, the ties will be broken randomly.

v. If no candidate meets the threshold, the candidate with the lowest number of tribes is eliminated. Ties are broken according specific law. If there is no law specifically available about ties, the ties will be broken randomly.

vi. Once a candidate or candidates have been elected, or a candidate has been eliminated, the round ends. If there are still vacancies to be filled, another round begins.

D. All further rounds shall proceed as follows.

i. If a candidate was elected in the previous round, calculate the new value of each of his tribes in the following way:

a. First, calculate the total value of all the tribes being redistributed;

b. Subtract the threshold;

c. Divide by the total value of all the tribes being redistributed;

d. For each tribe, multiply by the previous value of that tribe.

ii. Having calculated the new value of each of his tribes, redistribute them all (see v).

iii. If more than one candidate was elected in the previous round, start with the one who was elected first, calculate the new value of each of his tribes, then do the same for the next candidate who was elected, and so on for all the candidates who were elected. Then redistribute all their tribes (see v).

iv. If a candidate was eliminated in the previous round, do not change the values of his tribes, but redistribute them (see v) with the same values as they had in the previous round.

v. When redistributing tribes, assign each tribe to the candidate at the top of its preference-list (not counting any candidates who have already been elected or eliminated). Any tribes which have no further preferences become void.

vi. Calculate the threshold again. Take the number of vacancies as whatever number there were to begin with, regardless of whether any vacancies have been filled in previous rounds; but adjust the total number of tribes to account for tribes which have become void (see v).

vii. Count the total value of each candidate's tribes.

viii. If a candidate meets the threshold he is elected. If more than one candidate meets the threshold, all are elected, in the order of the number of tribes they have, up to the number of vacancies available. Ties are broken according specific law. If there is no law specifically available about ties, the ties will be broken randomly.

ix. If no candidate meets the threshold, the candidate with the lowest number of tribes is eliminated. Ties are broken according specific law. If there is no law specifically available about ties, the ties will be broken randomly.

x. Once a candidate or candidates have been elected, or a candidate has been eliminated, the round ends. If there are still vacancies to be filled, another round begins.

VII. How Votes For Legislation Shall Be Counted

A. Votes shall be grouped by tribe.

i. Each tribe shall vote 'yes' to the proposal if more voters in that tribe voted 'yes' than voted 'no'.

ii. Each tribe shall vote 'no' to the proposal if more voters in that tribes voted 'no' than voted 'yes'.

iii. Ties are broken according specific law. If there is no law specifically available about ties, the ties will be broken randomly.

iv. Any tribe which contains no 'yes' or 'no' votes at all shall be considered void.

B. The proposal shall be passed if more tribes vote 'yes' to the proposal than vote 'no'.

VIII. How Votes For Trial and Appelation Shall Be Counted

A. Votes shall be grouped by tribe.

i. Each tribe shall vote to condemn if more voters in that tribe voted 'condemn' than voted 'absolve'.

ii. Each tribe shall vote to absolve if more voters in that tribe voted 'absolve' than voted 'condemn'.

iii. Tied tribes shall vote to absolve for trial, and condemn for appelation.

iv. Any tribe which contains no 'condemn' or 'absolve' votes at all shall be considered void.

B. The defendant or appellant shall be condemned if 18 or more tribes vote to condemn; otherwise he shall be absolved.

IX. How The Results Shall Be Announced

A. The magistrates responsible for counting votes shall deliver the results to the presiding magistrate no more than 96 hours after the end of voting.

B. Only the votes of the tribes shall be delivered to the presiding magistrate; the votes of individuals shall remain secret.

C. The presiding magistrate shall announce the results no more than 48 hours after he receives it from the magistrates responsible for counting votes. He shall announce the results in the same fora as those where he originally announced the meeting of the comitia.

D. The presiding magistrate can pass the right to announce the results to another magistrate able to call the Comitia.