Rogatio Minucia Moravia de eiuratione magistratus comitiorum centuriatorum (Nova Roma)

This lex clarifies the legal definition of magisterial resignation, consequences of resignation, and those procedures legally necessary to validate and remedy magisterial vacancy due to a resignation of office, in accordance with the Constitution of Nova Roma, Section IV, on 'Magistrates', which states that an office becomes vacant when a magistrate resigns or dies while in office. The language of this lex is binding on resignation of magisterial offices elected in the Comitia Centuriata.

I. ((Notice of resignation))

A. An elected magistrate resigns from office by tendering his or her notification of a resignation to a presiding official (defined below) of the comitia in which the resigning magistrate was elected.

B. The Consuls and Praetors are the presiding officials of the Comitia Centuriata. A resignation of an office that was elected in the Comitia Centuriata may be tendered in writing directly to one or both Consuls or Praetors, or may be tendered to the Consuls and Praetors by posting a notice of resignation on a list that is supported by Nova Roma as a public Forum.

II. ((Receipt of notice))

A. A vacancy of office is legally established when an appropriate presiding official acknowledges in writing the receipt of a tendered resignation to the resigning magistrate. A vacancy may also be legally established when the Censors inform the presiding magistrates that a magistrate is unreachable after an absence of 45 or more days.

B. Within twenty-four (24) hours of receiving notification of a resignation of a magistrate elected by the Comitia Centuriata, one of the Consuls or Praetors shall acknowledge its receipt to the resigning magistrate.

C. Tribunes of the Plebs may only accept the resignation from office of a magistrate elected in the Comitia Centuriata, as in II A and B, when none of the Consuls or Praetors are available to accept the resignation.

III. ((By-election))

Elections shall be held in the Comitia Centuriata within 45 days of the established vacancy for a suffect magistrate.

IV. ((Re-election))

This lex does not in itself restrict a former magistrate from standing for election in the Comitia Centuriata to fill the vacancy caused by his or her resignation, and for which he or she is eligible to hold.

V. ((Publication))

The official who lawfully acknowledges receipt of a resignation of office from any magistrate who was elected in the Comitia Centuriata, as outlined in this lex, shall be responsible for communicating this information to the Censors, the Magister Aranearius and to the citizenry via public fora within the following forty-eight (48) hours from the time that the resignation goes into effect.