Lex Tullia de quaestoribus adiumento vocandis (Nova Roma)

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This lex is currently IN FORCE.

Approved by Comitia centuriata
Yes: 24 No: 0 Abs.:
a.d. VI Kal. Ian. MMDCCLXXIV


The preface and sections A-D of the lex Cornelia de quaestoribus shall be changed to read as follows:

“In recent years, Nova Roma has had ongoing vacancy issues, specifically regarding the electoral officers. Some offices often experienced the absence of the office holder due to personal or macronational problems. This has an adverse affect on the people of Nova Roma, and this law intends to address the issue of vacant offices and absent magistrates by authorizing the consuls, praetors and aediles to order the quaestors to complete various tasks and to deputize or to stand in for various magistrates.


I. In the event of a magisterial or administrative vacancy (vacant office or absent, unavailable officer), the consuls can order a quaestor to stand in for the absent magistrate. The quaestor so appointed by the consuls will not have the powers of the magistrate that they are substituting for, but they shall do those duties for the missing or absent magistrate which do not require using the specific constitutional powers uniquely possessed by the missing or absent magistrate.


II. A presiding magistrate of voting comitia may order any quaestor to accept appointment for the positions of rogator, diribitor and custos if there is lack of volunteers for these positions; the quaestor may not refuse the order of the magistrate unless the quaestor declares his or her candidacy in the same election for which he or she was selected to be an electoral officer.


III. Magistrates who know in advance that they will be unavailable or incapable of doing their duties for a period of time have the right to delegate part of their powers and duties and to empower any quaestor to stand in for them and to complete specific tasks, including tasks that are within the exclusive power of the magistrate who is giving the authorization. The magistrate may order the selected quaestor without an option for refusal. The designation of the quaestor as deputy and the tasks the quaestor is empowered to do in the name of the magistrate shall be briefly defined in an edict, as well as the extent of time of the authorization.


III.A. The quaestor will not be permitted to usurp any power of the magistrate for which he or she has not received specific authorization.


III.B. Quaestors, so empowered to act in the name of a magistrate, shall declare in the name of which magistrate they are acting for in all of their official acts and documents they compose during their authorized period of service.


III.C. Quaestors may not be delegated the power of intercessio, the powers of lectio senatus, recognitio equitum, the regimen morum (which term includes the animadversio and the nota), and the right to convene the senate or the comitia. Quaestors may be delegated the right to convene the comitia in the name of a magistrate in case of legal proceedings upon specific authorization and instructions by the praetor or other magistrate holding a trial before the people.


IV. Magistrates may order any of the four quaestors who are not consular or praetorian quaestors to complete various tasks determined by the magistrates within their field of competence.


V. Magistrates shall consult with the selected quaestor before assigning duties to them, and shall not overload them with unrealistic demands. Magistrates are required to exercise discretion and understanding when ordering quaestors to perform various tasks. Quaestors who become overloaded with tasks have the right to complain to the tribunes of plebs, asking them to veto the order of the magistrate. Quaestors may also seek a higher ranking magistrate to veto the lower ranking magistrate making the excessive demand, or, if all of these attempts fail, quaestors can send a petition to the senate asking exemption from under the order of the magistrate.”

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