Lex Minucia de eiuratione magistratuum (Nova Roma)
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This lex is currently IN FORCE.
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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.
- 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.
- A.iii. 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.
- B.iii. 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.
