Lex Minucia de eiuratione magistratuum (Nova Roma)

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(Lex Minucia eiuratione magistratuum (CXIV))
 
(Lex Minucia eiuratione magistratuum (CXIV))
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:'''I'''. The lex Cornelia et Maria De Civitate Eiuranda is hereby repealed.
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I This Lex pursues the constitutional language of Section IV, headed 'Magistrates', which states that an office becomes vacant when a magistrate resigns or dies.  
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http://www.novaroma.org/tabularium/leges/2001-05-20-iii.html
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:'''II'''. The Lex Equitia de Civitate Eiuranda is hereby repealed.
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II.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 resignation of office.
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http://www.novaroma.org/tabularium/letes/200410-07-v.html
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:'''III.A'''. Citizenship from Nova Roma, as stated in paragraph II.A.4. in the Constitution of Nova Roma, may be voluntarily relinquished by notification of the Censors or by public statement before 3 or more witnesses. Messages posted to official Nova Roma e-mail lists or electronic message boards, or statements of an intent to resign citizenship that are made at a public function of Nova Roma meet the requirement for three witnesses to a resignation if and only if three witnesses to the resignation notify the Censors thereof within 72 hours of the initial proclamation. In accordance with the Constitution II.A.5 a parent or guardian, as above, may voluntarily rescind citizenship of Impuberes.
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III. The language of this lex is binding on resignation of magisterial offices elected in the Comitia Centuriata, in the Comitia Populi Tributa and in the Comitia Plebis Tributa.
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::'''B'''. The Censor(s) shall, at their earliest convenience, but no later than within seven days, issue to the citizen in writing or by electronic message an official acknowledgement of this intent to resign citizenship. Resignation becomes effective within 48 hours from the date and time the Censor(s) issue such acknowledgment.
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::'''C'''. Before such time that a resignation of citizenship would come into effect, a citizen may rescind his or her intention to resign, or a legal guardian may rescind the intention to resign of an impubere, by writing or by sending an electronic message to the Censors or to a Rogatoral designate of the Censors.
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:'''IV'''. Failure to respond to a Nova Roma census, as per legal obligation, places an individual's citizenship in temporary suspension. A citizen under suspended citizenship may be given a designation other than citizen, as prevailing law provides. Suspended citizenship may be lifted by the individual notifying the Censors of his or her intent to renew active citizenship, by responding to the following census, or by paying annual dues within the following year. Individuals who are under suspended citizenship are not to be counted as assidui or as capiti censi, and thus temporarily lose the right vote, but retain all other rights of citizenship. If within a five-year period an individual member fails to respond to two consecutive censuses, the Censors may rescind the individual's citizenship and all its attendant rights.
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IV. A tendered resignation from an elected office becomes legal and binding once receipt of same is acknowledged to the resigning Magistrate by an appropriate presiding official (defined below) of the comitia by which he or she was elected.
  
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:'''V'''. If citizenship is resigned without also stating that public offices are resigned, any and all public offices held by the citizen at that time become vacated when a resignation of citizenship comes into effect. No public offices, elected or appointed, carry over into a new citizenship if a resigning citizen should later seek to reacquire citizenship.
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A i. Resignation of an office elected in the Comitia Plebis Tributa is tendered in writing to the Tribuni Plebii or tendered in writing in the presence of three or more Plebian citizens, who shall witness and communicate the resignation to the Tribunes. Once advised of a resignation, the Tribuni Plebii shall respond in writing to the resigning magistrate within 24 hours, in order to acknowledge the tendered resignation, and a vacancy of that office is legally established.
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A. ii Elections shall be held in the Comitia Plebis Tributa within 45 days of the established vacancy for a suffect magistrate,according to prevailing legal procedure governing elections of this comitia.
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Aiii This lex does not in itself restrict a former magistrate from standing for election in the Comitia Plebis Tributa to fill the vacancy caused by his or her resignation.
  
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:'''VI.A'''. A former citizen, in the event he or she desires to reacquire citizenship must reapply for citizenship to the Censors through prevailing legal procedures. Additionally, the former citizen is directed to state in his or her application the reasons behind the initial resignation of citizenship, and the nature of the reasons influencing the desire to have it reinstated.
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B i Resignations of offices elected in the Comitia Populi Tributa or the Comitia Centuriata are to be tendered in writing to the Consuls, or in the presence of three or more citizens,who shall acknowledge and communicate receipt of the resignation to the Consuls. Once advised of the resignation, the Consuls shall respond in writing within 24 hours to the resigning magistrate in order to acknowledge the tendered resignation, and a vacancy of that office is thereby legally established.
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::'''B'''. The Roman name of a returning citizen may be resumed if no other citizen of Nova Roma has taken it in his or her absence
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B.ii Elections shall be held in the appropriate comitia within 45 days of the established vacancy for a suffect magistrate, according to the respective prevailing laws governing these comitia elections.
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Biii This lex does not in itself restrict a former magistrate from standing for election in the appropriate comitia to fill the vacancy caused by his or her resignation.
  
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:'''VII'''. When a former citizen applies for reinstatement of citizenship (postliminium):
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V. Consuls may not accept resignations of offices elected of the Comitia Plebis Tributa.
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No office, religious or civil, held by the citizen at the time of his or her resignation, is regained if that person is granted citizenship once more. After ninety days of being reinstated into citizenship, the returning citizen may apply to the Collegium Pontificum for reappointment to any religious offices that he or she may have previously held. Only the Collegium Pontificum, or otherwise designated religious body, is authorized to reappoint a returning citizen to a religious office. Any titles, honors and/or effects of past public administrative offices shall be restored to the returning citizen only after a period of ninety days has passed from the date that citizenship is regained. Century points that are due to a returning citizen for any and all public and/or religious offices that he or she may have previously held shall be restored at the end of ninety days. Senatorial status may be resumed at the discretion of the Censors collegially
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:'''VIII'''. If a citizen resigns, is subsequently reinstated, and resigns a second time, this former citizen is barred for two years from reinstatement as a citizen of Nova Roma.
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VI. The presiding comitia magistrate who lawfully acknowledges receipt of a resignation of office to the tendering magistrate as detailed in Ai and Bi, shall be responsible for communicating this information to the Censors, the Magister Aranearius and the citizenry via public fora within 48 hours.
  
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:'''IX.A'''. This lex does not influence in itself a returning citizen's lawfully established entitlements or restrictions to pursue official positions (via election or appointment) for which he or she would again become eligible. All rights of citizenship are restored in full to a returning citizen after ninety (90) days from when a censor re-enrolls a citizen. At the discretion of the Senate, the normal waiting period may be waived and full rights of citizenship restored prior to the ninety-day period.
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VII. Accreditation of century points for partial service of a term of office shall not be affected by this lex.
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::'''B'''. Further, the language of this lex does not in itself serve to influence those established lawful authorities or parameters by which religious and/or legislative bodies may issue or fail to issue appointments relative to their respective roles and functions, in the consideration of any citizen's application.
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:'''X'''. The Censors will note the dates of submitted and withdrawn resignations in the censorial album civium.
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Revision as of 02:43, 19 November 2007

I This Lex pursues the constitutional language of Section IV, headed 'Magistrates', which states that an office becomes vacant when a magistrate resigns or dies.

II.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 resignation of office.

III. The language of this lex is binding on resignation of magisterial offices elected in the Comitia Centuriata, in the Comitia Populi Tributa and in the Comitia Plebis Tributa.

IV. A tendered resignation from an elected office becomes legal and binding once receipt of same is acknowledged to the resigning Magistrate by an appropriate presiding official (defined below) of the comitia by which he or she was elected.

A i. Resignation of an office elected in the Comitia Plebis Tributa is tendered in writing to the Tribuni Plebii or tendered in writing in the presence of three or more Plebian citizens, who shall witness and communicate the resignation to the Tribunes. Once advised of a resignation, the Tribuni Plebii shall respond in writing to the resigning magistrate within 24 hours, in order to acknowledge the tendered resignation, and a vacancy of that office is legally established. A. ii Elections shall be held in the Comitia Plebis Tributa within 45 days of the established vacancy for a suffect magistrate,according to prevailing legal procedure governing elections of this comitia. Aiii This lex does not in itself restrict a former magistrate from standing for election in the Comitia Plebis Tributa to fill the vacancy caused by his or her resignation.

B i Resignations of offices elected in the Comitia Populi Tributa or the Comitia Centuriata are to be tendered in writing to the Consuls, or in the presence of three or more citizens,who shall acknowledge and communicate receipt of the resignation to the Consuls. Once advised of the resignation, the Consuls shall respond in writing within 24 hours to the resigning magistrate in order to acknowledge the tendered resignation, and a vacancy of that office is thereby legally established. B.ii Elections shall be held in the appropriate comitia within 45 days of the established vacancy for a suffect magistrate, according to the respective prevailing laws governing these comitia elections. Biii This lex does not in itself restrict a former magistrate from standing for election in the appropriate comitia to fill the vacancy caused by his or her resignation.

V. Consuls may not accept resignations of offices elected of the Comitia Plebis Tributa.

VI. The presiding comitia magistrate who lawfully acknowledges receipt of a resignation of office to the tendering magistrate as detailed in Ai and Bi, shall be responsible for communicating this information to the Censors, the Magister Aranearius and the citizenry via public fora within 48 hours.

VII. Accreditation of century points for partial service of a term of office shall not be affected by this lex.

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