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I. Purpose of the lex. This Lex Vedia de assiduis et capite censis is hereby enacted to define the classifications of taxpayers and non-taxpayers, and put in place special conditions on those who are unable or unwilling to support the financial welfare of the Republic through payment of those taxes which may be enacted by the Senate.

II. Definition of assidui.

A. Citizens who pay taxes in such amount and in such manner as may be defined by the current legislation shall be considered assidui. No special conditions shall be placed on assidui in regards to their placement in centuries and tribes or their ability to run for or hold office.

B. Those appointed as Vestal virgins by the Collegium Pontificum shall be exempt from paying the annual tax and shall retain their status as assidui so long as they remain Vestal virgins. No special conditions shall be placed on Vestal virgins with regard to their placement in centuries and tribes or upon their ability to run for or hold office.

III. Definition of capite censi. Citizens who do not pay taxes in such amount and in such manner as may be defined by the Senate shall be considered capite censi. The following special conditions shall apply to capite censi:

A. Placement in centuries. The Censors shall place all capite censi in the last century in Class V as defined in the Lex Vedia Centuriata and those leges which may amend it, and no other Citizens shall be enrolled therein.

B. Placement in tribes. The Censors shall place all capite censi in the urban tribes as defined in the lex Vedia tributorum and those leges which may amend it.

C. Public office. No member of the capite censi may run for or hold office as one of the ordinarii (including the apparitores), nor be appointed to or hold office as provincial governor, nor be titled as Senator or members of the Collegium Pontificium or priest or Sacerdos. Members of the capite censi may hold provincial or local offices at the discretion of the governor of the province in question.

D. Default of payment while in office.

1. All persons obtaining citizenship after this lex takes effect will have Capiti Censi status until and unless payment is made.

2. Any citizen of the Capiti Censi may become Assidui by paying the appropriate amount, as defined by Senatus Consultum. If payment is made during a contio or election, the change in status will take place after the election concludes.

3. Upon receipt of tax payment in full, the applicant is considered to assume the rights and privileges of Assidui as defined by the Lex Vedia de Assidui et Capiti Censi and the applicant will be allocated to a rural tribe and appropriate century allocation.

IV. Members of the Senate and Ordinarii sitting magistrates of the ordinarii and Senatores who become members of the Capite Censi due to non-payment of taxes may be removed from office by the Censors. Members of the Collegium Pontificum and priests and sacerdotes who become members of the Capite Censi due to non-payment of taxes may be removed from office by the Pontifex Maximus.

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Previous versions of the lex Vedia de assiduis et capite censis

Version 3 (Current): The lex Apula de assiduis et capite censis, approved on the prid. Kal. Ian. ‡ Fr. Apulo C. Laenate cos. ‡ MMDCCLVIII a.u.c., became a holistic amendment to this lex (although not explicit in its text) due to many original similarities. Parts of article II,

II. Citizens who pay taxes in such amount and in such manner as may be defined by the current legislation shall be considered assidui.

III.B. The Censors shall place all capite censi in the urban tribes as defined in the lex Vedia tributorum and those leges which may amend it.

III.C. No member of the capite censi may run for or hold office as one of the ordinarii (including the apparitores), nor be appointed to or hold office as provincial governor, nor be titled as Senator or members of the Collegium Pontificium or priest or Sacerdos.

IV. Members of the Senate and Ordinarii sitting magistrates of the ordinarii and Senatores who become members of the Capite Censi due to non-payment of taxes may be removed from office by the Censors. Members of the Collegium Pontificum and priests and sacerdotes who become members of the Capite Censi due to non-payment of taxes may be removed from office by the Pontifex Maximus.

[Note 1] The lex Vedia tributorum referenced here is referring to the now correctly titled lex Vedia tributa.

Version 2: The lex Cornelia Octavia de assiduis et capite censis, approved on the a.d. IX Kal. Ian. ‡ M. Octavio L. Sulla (II) cos. ‡ MMDCCLV a.u.c., added three points to section III of the lex.

D.1 All persons obtaining citizenship after this lex takes effect will have Capiti Censi status until and unless payment is made.

D.2 Any citizen of the Capiti Censi may become Assidui by paying the appropriate amount, as defined by Senatus Consultum. If payment is made during a contio or election, the change in status will take place after the election concludes.

D.3 Upon receipt of tax payment in full, the applicant is considered to assume the rights and privileges of Assidui as defined by the Lex Vedia de Assidui et Capiti Censi and the applicant will be allocated to a rural tribe and appropriate century allocation.

Version 1 (Original): This is the original lex approved by the Comitia Populi Tributa on the a.d. XIII Kal. Iun. ‡ Fl. Vedio (II) M. Cassio (II) cos. ‡ MMDCCLIV a.u.c..

I. This Lex Vedia de assiduis et capite censis is hereby enacted to define the classifications of taxpayers and non-taxpayers, and put in place special conditions on those who are unable or unwilling to support the financial welfare of the Republic through payment of those taxes which may be enacted by the Senate.

II. Citizens who pay taxes in such amount and in such manner as may be defined by the Senate shall be considered assidui. No special conditions shall be placed on assidui in regards to their placement in centuries and tribes or their ability to run for or hold office.

III. Citizens who do not pay taxes in such amount and in such manner as may be defined by the Senate shall be considered capite censi. The following special conditions shall apply to capite censi:

A. The Censors shall place all capite censi in the last century in Class V as defined in the Lex Vedia Centuriata and those leges which may amend it, and no other Citizens shall be enrolled therein.

B. The Censors shall place all capite censi in the urban tribes as defined in the Lex Vedia Tributaria and those leges which may amend it.

C. No member of the capite censi may run for or hold office as one of the ordinarii (including the apparitores), nor be appointed to or hold office as provincial governor. Members of the capite censi may hold provincial or local offices at the discretion of the governor of the province in question.

Passed by Comitia Populi Tributa, Yes-21; No-14

20 May MMDCCLIV

Praetorian commentary on the textual history of the law

Comment I. (P. Memmius Albucius) Lex Vedia de assiduis et capite censis defines the two major categories of citizens: the ones who pay their annual tax to Nova Roma budget (even the law below does not set the principle of the annuality), and the others. The first ones are called assidui (sing. assiduus, fem. assidua), and the second ones capite censi (sing. capite census, fem. capite censa). This last expression meaning "recorded as a head (body, person)", the word capite does not vary, for it means "as a head".

The first modification of lex Vedia has been brought by a lex Cornelia which has specified how a cives could have her/his status change from capite census/-a to assiduus/-a.

The second train of modifications has been brought by lex Apula, which has first put in the field of the "legislation" what was before in the Senate's competency: the amount and the proceedings to pay the taxes. Second, lex Apula has authorized the possible removal from office and seat of senators and ordinarii, on one hand, and on the other of "members of the Collegium Pontificum, priests and sacerdotes", who would, having not paid their tax(-es), would become de facto capite censi. The difference between both sub-categories concerns the authority who may takes the removal decision: one of both censors for the first one, the pontifex maximus for the second one.

The last modification of lex Vedia has been brought indirectly via an amendment to lex Apula: Vedia-Cornelia-Apula de assiduis etc. has been added in May 2762 auc a new § II.B, which grants the status of assiduae to every Vestal virgins and exempts them from tax paying. Learn more ...

XXXV: Lex Vedia de ratione comitiorum centuriatorum

In accordance with paragraph III.B. of the Constitution of Nova Roma, the Lex Vedia de Ratione Comitiorum Centuriatorum is hereby enacted to set forth the rules and procedures for debate and the taking of votes within the comitia centuriata.

I. A consul or urban praetor may call the comitia centuriata to vote on a law, hear a legal case, or elect magistrates as described in paragraph III.B. of the Constitution of Nova Roma. The following procedure shall be used:

A.The presiding magistrate (defined as the highest-ranked magistrate present who holds imperium shall, in a public forum (such as the official email list, the official web site, or other venues which shall be provided for the purpose) convene the comitia and publish one or more of the following, along with the deadline by which voting must be completed:

• 1.In the case of a law, the content of the rogationes (proposals to be voted upon). While each proposal must deal with only a single topic, multiple proposals may be considered and voted on by the comitia at the same time.
• 2.In the case of a magisterial election, the names of the candidates and the offices for which they stand.
• 3.In the case of a legal case, the charges, names of the litigants, and consequences facing the defendant.
  

B.The people shall thenceforth engage in contio (discussion) of the various proposals, candidates, or merits of the case. This contio (period of discussion) shall last at least long

enough for three nundinia (market days) to have passed during the interval. Within the first twenty-four hours after the convening of the comitia, the right of intercessio or nuntiatio may be exercised by those Constitutionally empowered to do so.

C.Voting on the proposal shall begin following the first market day following the publication of the proposal. The diribitores and custodes (election officials) shall tally the vote and present the result to the presiding magistrate. Voting shall be done by centuries; a plurality of the members of each century shall determine the vote of the century as a whole. A plurality of the centuries shall then decide the issue. The presiding magistrate shall then publish the result of the vote in at least the same forum as the original vote was called.

II. Leges saturae, which are laws which deal with more than one topic, may not be enacted by the comitia centuriata. Laws dealing with different aspects of the same topic shall not fall into this category.

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XXXVI: Lex Vedia de privatis rebus

The Lex Cornelia de Privatis Rebus is hereby amended to include the following:

"Provincial governors, or their lawfully appointed assistants, may receive confidential information, but only relating to those citizens within their provinciae, in accordance with the restrictions and procedures governing release of such information for magistrates.

"Individual citizens may, at their express request, allow confidential information of their choice to be made available and/or public, and may rescind such permission as they see fit."

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XXXVII: Lex Cassia Octavia de ratione comitiorum centuriatorum

The Lex Vedia de Ratione Comitiorum Centuriatorum is hereby amended:

I. Paragraph V.A.1 is altered to read as follows:

1. In the case of a magisterial election, each century shall cast a number of votes equal to the number of vacancies for the magistracy in question or the number of candidates who received individual votes from members of that century, whichever is less. Votes shall be assigned to those candidates who received votes by members of the century, with those candidates receiving the most valid individual votes receiving the century's vote first, then working down in descending order until either all the century's votes have been assigned, or there are no remaining candidates who received votes from citizens in that century.

II. The following paragraph is inserted after Paragraph V.A.3.

4. No candidate may win a century unless he or she has received at least one vote from a citizen within that century.

III. In paragraph V.B.1, the phrase "97 of the 193 centuries" shall be replaced with "a simple majority of the centuries casting votes".

IV. In paragraph V.B.2, the phrase "97 of the 193 centuries" shall be replaced with "a simple majority of the centuries casting votes".

V. Paragraph V.B.3 is added:

3. "A simple majority" is hereby defined as "one half of the number of centuries casting votes, plus one". Abstentions are not considered votes, and a century in which all voters abstained shall not be counted toward this total.

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XXXVIII: Lex Cassia de creatione sodalitatum

I. A group or association, cultural, social, historical or political, created by or involving Nova Romans shall be considered officially a part of Nova Roma only by official recognition/approval by the Republic. Any such group that wishes official recognition or status within Nova Roma must make a formal application for inclusion. Until such an application is placed and granted by the Senate or through vote in any one of the Comitia, all such groups are considered completely separate from Nova Roma.

II. The above clause is also binding to all Religious groups, organizations and associations involving Nova Roma Citizens, with the exception that they may only apply to and be approved by the Collegium Pontificum. This is in accord with section IV of the Nova Roma constitution which places all religious associations under the authority of the Collegium Pontificum.

III. Organizations applying for recognition by Nova Roma must present a formal charter and outline of intent before the Senate or to one of the Comitia (or if a religious group to the Collegium Pontificum.) The charter for any group, organization or association applying for recognition within Nova Roma must include:

A. A statement of intent (what the organization is about, and what it is trying to achieve.)

B. An action plan outlining how it intends to achieve its goals.

C. An outline of its internal organization, hierarchy and offices.

IV. A group, organization or association approved for official inclusion into the infrastructure of Nova Roma must adhere to the Constitution and Laws of Nova Roma. An application for official recognition is therefore considered a binding statement of intent to be governed by Nova Roma's laws, constitution and legal government.

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XXXIX: Lex Cassia de iusiurando

"The Lex Iunia Iusiurando is hereby amended so that the following preface will be placed before the Oath of Office:

The Lex Iunia Iusiurando is hereby enacted to put in place an Oath of Office for any citizen assuming any magistracy of Nova Roma, whether elected or appointed.

The following oath must be taken publicly in the major public fora of Nova Roma before someone elected or appointed to any magistracy can assume his or her office. It must be taken on the day, or as soon as possible afterwards, that the office is to be assumed. The office shall be considered vacant until the oath is taken.

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XL: Lex Vedia de magistratuum aetate secunda

The Lex Iunia de Magistratuum is hereby amended as follows, establishing the following procedures for the purpose underaged candidates to petition an exemption to run for office.

VI.A. Citizens who wish to run for office must present the Consuls with their petition for exemption to the age restriction.

VI.A.1. In the case of the annual December magisterial elections, such petitions must be presented to the Consuls no later than the 31st of October.

VI.A.2. In the case of mid-year elections, such petitions must be presented to the Consuls as soon as possible, but the presentation of such petitions shall not be regarded as sufficient reason to postpone replacement elections more than thirty days as required by the Constitution, and the right of underage cives to run for office shall not override the Constitutional requirement to fill vacant magistracies in a timely manner.

VI.B. The petition will include the following information:

• a. Full Roman name
• b. Length of Citizenship
• c. Prior experience within Nova Roma
• d. The office for which they intend to run

VI.C. The Consuls shall present the petition to the Senate for a vote in such manner as to allow due consideration of the petition.

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XLI: Lex Vedia de provinciis

Lex Vedia de provinciis (Nova Roma) Learn more ...

XLII: Lex Vedia de incorporationis

I. This Lex Vedia de Correctione Incorporationis is hereby enacted in order to acknowledge the change of Nova Roma's state of incorporation from New Hampshire to Maine, and to alter the Constitution accordingly.

II. The term "New Hampshire" in paragraph I.C. of the Constitution is hereby changed to read "Maine".

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XLIII: Lex Vedia de tribunis

I. This lex is hereby enacted to bring the institution of the Tribunate as it is realized in Nova Roma closer to that of Roma Antiqua, and to alter the Constitution and other official documents accordingly.

II. Paragraph IV.A.7. of the Constitution is hereby altered to read as follows:

7. Tribuni Plebis (Tribune of the Plebs). Five tribunes of the plebs shall be elected by the comitia plebis tributa to serve a term lasting one year. They must all be of the plebeian order, and shall have the following honors, powers, and obligations:

a. To pronounce intercessio (intercession; a veto) against the actions of any other magistrate (with the exception of the dictator and the interrex), Senatus consulta, magisterial edicta, religious decreta, and leges passed by the comitia when the spirit and/or letter of this Constitution or legally-enacted edicta or decreta, Senatus Consulta, or leges are being violated thereby;

1. Once a pronouncement of intercessio has been made, the other Tribunes may, at their discretion, state either their support for or their disagreement with that intercessio.

• i. Each Tribune may issue only one such declaration of support or disagreement, but may change their declaration from one to the other, should they wish to do so.
• ii. The initial pronouncement of intercessio by a Tribune shall count as that Tribune's declaration of agreement.
• iii. Should the number or the Tribunes who choose to disagree with an intercessio equal or exceed the number of Tribunes who choose to support it, the intercessio shall be revoked.

2. Intercessio may not be imposed against statements of support for or disagreement with a use of intercessio that are issued pursuant to the preceding paragraph.

3. The issuance and function of Intercessio shall be defined according to procedures described by legislation passed by Comitia.

b. To pronounce intercessio (intercession; a veto) against another Tribune using the same mechanism as described in paragraph IV.A.7.a.1. above;

c. To be immune from intercessio pronounced by other magistrates, except as described in paragraphs IV.A.7.a. and IV.A.7.b. above;

d. To be privy to the debates of the Senate, and keep the citizens informed as to the subjects and results thereof, in such manner and subject to such restrictions as may be defined by law;

e. To call the Senate to order;

f. To call the comitia plebis tributa to order, except when the Patrician order shall constitute more than 10% of the total population, in which case the power shall be altered to calling the comitia populi tributa to order;

g. To administer the law;

h. To appoint scribae (clerks) to assist with administrative and other tasks, as they shall see fit.

III. Upon ratification of the Amendment to the Constitution by the Senate, any leges, magisterial edicta, or other official documents which refer to there being only two Tribunes are hereby amended to reflect the increased number.

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XLIV: Lex Vedia de liberis civium

I. ((Purpose))

This lex is hereby enacted to amend the Constitution of Nova Roma in such manner as to extend certain rights of Citizenship to children of Citizens who are not sui juris in their domicile, and to undertake alterations to Constitutional mechanisms and institutions appropriate to such a change.

II. ((Amendment to chapter II.A))

Paragraph II.A. of the Constitution is hereby altered to read as follows:

III. ((Amendment to chapter II.B))

Paragraph II.B. of the Constitution is hereby altered to read as follows:

IV. ((Amendment to chapter II.D.3))

Paragraph II.D.3. of the Constitution is hereby altered to read as follows:

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XLV: Lex Octavia de ratione comitiorum centuriatorum

The Lex Vedia de Ratione Comitorum Centuriatorum is hereby amended with the addition of the following paragraph in Section III.A: 1. In the event that, in an election for a magisterial office, there are not sufficient candidates elected to fill all vacancies in that office, the presiding magistrate may call for a follow-up election among those same candidates who failed to obtain that office in the previous election. For these follow-up elections, the 192-hour (8-day) requirement for the length of the Contio (official discussion period) shall be shortened to 24 hours.

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XLVI: Lex Labiena de intercessione

I. Pursuant to fulfill what is ruled in Paragraph IV.A.7.a.3 of the Constitution, this lex is enacted to define the process by which tribuni plebis may use their power of intercessio.

II. A tribunus plebis may use intercessio by making an official announcement to the main official forum of Nova Roma, and if the intercessio is made in a senate session, to the discussion board of the senate, as well (as defined by law) within 72 hours of the announcement of the item or action to be vetoed. The items and actions which tribuni plebis may use intercessio against are defined in paragraph IV.A.7.a.1 of the Constitution.

III. The issuance of intercessio shall place the item or action on hold, preventing it from being in any way effective, for 72 hours from the time at which the intercessio is announced.

IV. During this 72 hour period, other tribuni plebis may officially announce their agreement or disagreement with the particular use of intercessio.

IV.A. Such announcements shall be made to the main official forum of Nova Roma, and if the intercessio is made in a senate session, to the discussion board of the senate, as well, and shall be made to the forum in which the original announcement of intercessio occurred.

IV.B. A tribunus plebis who chooses not to state his agreement or disagreement with the use of intercessio shall be assumed to have abstained, and his abstention shall be counted neither for nor against the use of intercessio.

IV.C. The initial use of intercessio shall be assumed to be a statement of agreement with itself. Therefore, the tribunus plebis who initially issued the intercessio in question need not state his agreement with his own action.

V. Should more tribuni plebis agree than disagree with the use of intercessio in question, it shall stand, and the action which was vetoed shall be void. Otherwise, the action which was vetoed shall be allowed to take effect starting immediately at the end of the period allotted for tribuni plebis to state their agreement or disagreement.

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XLVII: Lex Cornelia de tabulis gentium novaromanarum agendis

Pursuant to the Constitution of Nova Roma (II.D.1 and II.D.3) The Comitia Populi Tributa of the People of Nova Roma hereby enact this lex concerning the registration of Gentes, Patresfamiliarum, and Matresfamiliarum with the Office of the Censors. (For the purpose of this lex, the use of the word paterfamilias will include both Paterfamilias and Materfamilias).

I. Each Gens shall be registered with the office of the Censors every year.

II. Registration of Gentes must be completed by the last day of June.

III. The censors must announce the opening of the registration period at least eight (8) weeks before the deadline on the official Nova Roma e-mail list.

IV. Patresfamiliarum are responsible for contacting the Censores using any of these methods:

A. Send an e-mail to the Censors via the official e-mail address of the Office of the Censors, which is censors@novaroma.org at the time of the passage of this lex.

B. Mail a written statement to the Nova Roma post office box.

C. Complete a form on the Nova Roma web site, the address of which shall be specified by the Censores at the beginning of the registration period.

V. The current official address of all Nova Roma Mail correspondence is:

Nova Roma P.O. Box 1897, Wells, ME 04090

At the time of the passage of this lex, the above address is the official address. If the official address changes in the future, the new mailing address should be utilized.

VI. When the deadline is reached, the Censors must publish a list of Gentes that have failed to register with the Office of the Censors. This list must be published on the official Nova Roma email lists, are currently located at novaroma@yahoogroups.com and novaromaannounce@yahoogroups.com.

VII. A Gens that has failed to register with the office of Censors is considered to have NO Paterfamilias. If there are other members of that gens the Censors must work with the Gens to select a new Paterfamilias.

VIII. A Gens that has failed to register with the office of the Censors, and which has no member other than its paterfamilias, shall be removed from the Album Gentium. Its former members shall be considered to belong to no Gens, and shall be given the nomen "Nemo". The nomen formerly used by that Gens will be considered unused and available for future applicants.

IX. Patresfamiliarum who are unable to communicate with the office of Censors may appoint a designate within the Gens to act as Paterfamilias. However, notification must be on file in the office of the Censor(es).

X. During the period of time when there is no paterfamilias in the Gens, the Gens will remain static. No new admissions may take place.

XI. While a Gens is still trying to pick a new paterfamilias, that gens will be listed as closed for new citizens' recruitment. The new paterfamilias must notify the Censors upon receipt of the position of Paterfamilias if he/she wants to reopen the gens for new members.

XII. The following are procedures that must be followed before individual(s) of a gens may be allowed to change gens affiliations due to Patresfamiliarum who are shown to be inactive and non-responsive as a result of the registration process.

A. Once a Pater has failed to respond, the Censores contact the other members of the gens and see if there is any of them willing to be a paterfamilias. The deadline for this process to begin is two weeks from the end of the registration period.

B. If there is just one responsive candidate, he is appointed as the new Paterfamilias, and the gens is then registered.

C. If there is more than one responsive candidate, a decision must be taken as to who the new Pater would be. The exact process for this would be left up to the gens to decide. If member of the gens report to the Censors that they are at an impasse the following two factors may be used to break the impasse:

1. If there is a tie between two members who would become the new Paterfamilias the Century point totals of the candidates would be used as the tie breaker.

2. If there is a tie in century points then the length of citizenship would be utilized to break that tie.

D. After the two-week period has expired, and no responsive candidate has come forward, those remaining gens members will be given the Nomen "Nemo." Each Gens member will be asked to either create a new Gens or join an existing gens. The nomen formerly used by that Gens will be considered unused and available for future applicants.

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XLVIII: Lex Cornelia de linguis publicis

I. Latin is the official and ceremonial language of Nova Roma. As such, it shall be used in rites conducted by the magistrates, officers and priests of Nova Roma on behalf of the entire nation, as well as other circumstances where it may be deemed appropriate.

II. Latin and English are hereby both adopted as the business languages of the central government of Nova Roma. As such, Latin or English shall be used in law, in official communications from, and day-to-day business conducted by, the central government. Other languages may be used in such communications where deemed appropriate, but a Latin or English translation or summary is strongly recommended to accompany such communications.

III. In order to accommodate the needs of citizens who do not speak Latin or English, or who speak Latin or English as a second language, interpretes (singular: interpres, official interpreter, translator) may be appointed by magistrates who possess the ius edicendi or by anyone who has been granted this right by law. The interpretes are defined as a type of praecones, and as praecones interpretes belong to their decuriae.

IV. This lex does not effect in any way languages used in official or unofficial provincial fora, fora maintained by official Sodalitates, or private fora (including but not limited to email lists organized by private Citizens).

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XLIX: Lex Cornelia Iunia de definitione intervallorum magistratuum

This law shall regulate the amount of times a person may hold certain elected magistracies during a specified time period.

I. No person shall hold the office of censor, consul, praetor or tribunus plebis consecutively.

II. Consecutive office holding is defined as repeating the same magistracy with no other office holder serving between the the two terms.

III. The people, passing a lex in any comitia, may grant an exception from under any of these rules, or the senate can pass a senatus consultum allowing someone to be exempted from under the rules of this law.”

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L: Lex Octavia de senatoribus

I. Membership in the Senate of Nova Roma shall be for life, so long as a Senator maintains a minimum level of activity, as defined herein.

II. Level of Activity Required.

A. A Senator is required to cast votes in at least one third of the sessions of the Senate during any calendar year. Should he or she fail to do so, he or she may be removed at the option of the Censores.

B. Voting by proxy shall be considered acceptable for satisfying these requirements if and only if the right of proxy is granted during the discussion period of the session for which proxy is granted.

III. Removal of a Senator.

A. The Censores are empowered to use their judgment when considering the removal of a Senator who has failed to maintain the minimum level of activity, and either to retain or remove that Senator at their option. The Censores should consider whether a valid excuse for failing to remain active has been offered.

B. The Senator to be removed has sixty days to appeal his or her removal to any magistrate capable of convening the Senate. A two-thirds supermajority of the Senate, excluding the Censores, is required to override the Censores and halt the removal.

C. An ex-Senator who has been removed may be later restored to the Senate by the Censores.

IV. Exemptions.

A. Censores, Consuls, and Praetores are exempt during their year in office, regardless of their participation level the previous year. Any Senator appointed less than six months before the end of the preceding year is exempt.

B. In recognition of their service to the Republic, any Senator who has completed a full term as Consul or Censor may be removed from the Senate if and only if he or she fails the test described in Section II for four consecutive years.

C. Any Senator who has served in the Senate for ten years is forever after exempt from removal for reason of inactivity.

V. This law shall go into effect on the Kalends of January MMDCCLVI

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LI: Lex Cornelia de rebus ordinis equestris agendis

Currently the Constitution reads:

This would be rewritten to state the following:

A new section will be added under the job description of the Curule Aediles:

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LII: Lex Octavia de sermone

I. Definitions

A. A "public forum" is defined as any system of communications where contributions from persons other than its maintainer are distributed or made available to other subscribers, including, but not limited to, mailing lists, real-time chat systems, and web-based bulletin boards.

B. "Moderation" refers to the exercise of powers provided by the software used to implement public fora to approve, reject, pre-screen, or delete messages, approve or reject pending subscribers, and perform other administrative duties.

C. A "moderator" is a person with moderation authority with regard to a particular public forum.

II.

The office of Curator Sermonis (also called Curator Sermonum) is hereby abolished.

III.

The aediles are hereby given the powers and duties of moderators for all public fora sponsored or owned by the central government of Nova Roma, save for those exceptions listed below. They are empowered to use all moderation features provided, subject to Constitutional free speech guarantees, Tribunician intercessio, and any leges explicitly setting list policies. They may delegate such authority to their appointed apparitores or other officers.

The aediles are empowered to create and enforce policies of acceptable behavior in the public fora.

IV. Scope

A. Public fora under the jurisdiction of the aediles shall include the general discussion mailing list (currently "novaroma@yahoogroups.com"), the announcements mailing list (currently "novaroma-announce@yahoogroups.com") [1], the web-based message board linked to from www.novaroma.org, any chat system in use on www.novaroma.org, and any other means of communications designated as "public fora" by the Senate, except as detailed below.

B. The web site www.novaroma.org and all sites maintained by elected or appointed magistrates as part of their duties are not considered public fora, except for any features of the site where users other than the maintainers of those sites may submit content for public consumption, such as "message boards".

C. The newsletter, including any part thereof where contributions are accepted from the public, is exempt and shall remain under the control of the Editor Commentariorum.

D. The communications channels of the sodalitates and provinciae are under the jurisdiction of those organizations and therefore exempt.

E. Fora administered by the Tribunes for the purpose of Plebeian discussion are exempt.

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LIII: Lex Cornelia de censu

Pursuant to the Constitution of Nova Roma (II.A. 4 and IV.A.1.b) the following law is hereby enacted to determine the accurate numbers of citizens who make up Nova Roma.

I. A Census of all citizens of Nova Roma should be done every 2 years. This would be the responsibility of the Censors.

II. The Nova Roma Census will last for a period of 8 weeks, and must be completed by the Ides of September. The start and end of the census period will be announced by the Censors on the NR website, official lists, and in the major forums. The official lists are currently located at novaroma@yahoogroups.com and NovaRoma-Announce@y...

Notification must also be published on the Nova Roma Message board.

III. The Census will consist of the following:

A. Active citizens are those citizens that do not need to be contacted by the Censors to determine if they are apart of Nova Roma:

1. Those citizens who voted in the main election (in December) shall be considered "censi." 2. Those citizens who have paid taxes for the current calendar year shall be considered "censi". 3. Paterfamiliae who have successfully responded to the yearly registration of the Lex Cornelia de Tabulis Gentium Novaromanarum Agendis shall be considered “censi”. 4. Persons who became citizens during the current calendar year shall be considered "censi".

IV. Inactive citizens are those citizens who fail to meet at least one of the conditions in IV ::A. The following will lay down some of the procedures to contact inactive citizens. Inactive citizens are those citizens who will need to be contacted by the National Census. The following methods will be used to contact inactive citizens:

• 1. Bulk Email. At least two attempts should be done to contact citizen via this avenue.
• 2. Individual email. If a Citizen email bounces back as invalid from the bulk email, the Censors shall send them an individual email to verify there was not a problem with an email service filter.
• 3. Phone calls. If a Citizen is unreachable due to an invalid email address, the Censors shall attempt to contact them by phone. This may be done on the Provincial level under the direction of the Censors if possible.
• 4. Surface mail. "Inactive" Citizens who are unreachable by email or phone shall receive a mailing from the Censors. This may also be done on the Provincial level if possible. Surface mail information should be forwarded to whatever official NR address is specified by the Censors. Surface mail information must reach the Censors before the Ides of September.

The Current Official address of all Nova Roman Mail correspondence is:

Nova Roma P.O. Box 1897 Wells, ME 04090

At the time of the passage of this lex, the above address is the official address, if the official address changes in the future; the new address should be utilized.

• 5. A temporary banner and link will be put on the main NR website for the duration of the Census, where individual citizens may input their information to comply with the Census.

V. All communicated information pertaining to the Census shall be noted in a database on the Nova Roma Website, the address of which will be specified by the Censores at the beginning of the Registration Period. Citizen information may be inputted into this database by the Censores, their appointed assistants, or by the individual citizens.

VI. By the Ides of August, the Censors should post a list to the official email list of Nova Roma displaying the names of those citizens who have failed to respond.

VII. If a citizen fails to respond to the contact attempts, that person will no longer be considered a citizen of Nova Roma. His name will be stricken from the Album Civium and if he/she is a Pater/Mater, the Censors will abide by the Constitution, any laws, and any Censorial edict if the appointment of a paterfamilias is necessary. However, the Censors have the discretion to waive this clause if both Censors feel there are legitimate reasons for the citizen to remain incommunicado.

VIII. If a citizen who knows of an extended period of unavailability that will coincide with the census, he may contact the censors up to 3 months before the census is to begin to inform them of his active status and his desire to be counted in the census. Such contact will be considered by the censors as having fulfilled the citizen's duty to reply during the census period. Proxies are not permitted during the National Census effort.

IX. A former citizen may appeal to the Senate to have his removal from the Album Civium reconsidered. Such an appeal must be filed with the consuls within 90 days of the former citizens removal from the Album Civium. A 2/3rds vote of the Senate is needed to overturn the decision of the censors.

X. A budget is to be provided for the Censors' Office to offset costs for conducting the census. This budget is to be included only for the years that a Census takes place. The amount to be set aside would be established by the Senate of Nova Roma.

XI. The First Census will take place during the Consulship of Marcus Octavius Germanicus and Lucius Cornelius Sulla Felix (2755 AUC)

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LIV: Lex Cornelia Vedia de ratione comitiorum populi tributorum

I. All previous laws relating to the Comitia Populi Tributa are hereby rescinded as they apply to the election of magistrates and the voting of leges by the Comitia Populi Tributa. This Lex Cornelia Vedia de Ratione Comitiorum Populi Tributorum is hereby enacted to define the procedures by which the Comitia Populi shall conduct the business of electing magistrates and voting on leges.

II. Calling the Comitia to Order.

Either a Consul or Praetor may, as described in the Constitution, call the Comitia to order, to hold a vote on a lex or leges, or to hold an election. The magistrate who calls the Comitia to order shall be referred to herein as the presiding magistrate.

A. This shall be done by making a public announcement announcing the call in those public fora which shall have been designated for such purpose, in which must be included:

• 1. The names of candidates for office and the office for which they are running (when the Comitia is being called for an election);
• 2. Date of Citizenship of each candidate.
• 3. The full text of any leges which are being voted on (when the Comitia is being called to legislate),
• 4. The dates when the members of the Comitia shall begin and finish voting,
• 5. Any special instructions that pertain to the mechanics of the vote, if any.

B. The presiding magistrate shall have the responsibility for taking all reasonable precautions to ensure that candidates for a vote hold whatever qualifications are required by law. The Censors shall assist in such efforts as to the best of their ability.

III. Timing of the vote.

A. The edictum containing the call to vote must be issued at least 120 hours (5 days) prior to the start of the vote. This period shall be known as the Contio, and shall be used for formal discussion of the issues and/or candidates before the People for vote.

B. During the Contio, the following conditions shall apply:

• 1. Those constitutionally empowered to do so may exercise their powers of intercessio or nuntiatio.
  • a. The exercise of intercessio will remove an individual item from the vote, but voting on the other items will still be allowed.
  • b. The exercise of nuntiatio shall extend the Contio, postponing the start and end dates of the voting period by 24 hours, during which time nuntiatio may again be exercised.
  • c. Should the exercise of nuntatio cause the voting period to move such that it conflicts with calendarical restrictions as defined by the Collegium Pontificum, the presiding magistrate may change or extend the dates of the vote and/or contio at his discretion.
• 2. A member of the Collegium Augurum shall be invited by the presiding magistrate to seek favorable auspices for the conduct of the vote, subject to those rules and regulations the Collegium Augurum shall set forth by decreta. Should the presiding magistrate himself be a member of the Collegium Augurum, he may take the auspices for the vote himself.

C. The period between the start and end of the voting must last no less than 120 hours (5 days).

D. The ability to vote during the voting period may be impacted and/or suspended due to calendrical issues as enacted by decreta of the Collegium Pontificum.

E. The rogatores shall tally the vote and shall deliver the results to the presiding magistrate within 48 hours of the close of the voting period.

F. The presiding magistrate shall announce the results of the vote within 24 hours of receiving the results from the rogatores, in at least the same venues as the original announcement calling the vote was published.

IV. Voting procedures.

A. The censors shall issue to each citizen a unique voter identification code. This code shall be used to maintain anonymity in the voting process, and to minimize the possibility of vote fraud. In a timely fashion prior to the vote, the censors shall make available to the rogatores a list of valid voter identification codes and the centuries and/or tribes with which they are associated. The rogatores shall not have access to the names of the citizens associated with particular voter identification codes.

B. In consultation with the rogatores, the curator araneum shall make available a cista; a secure web-based form to allow citizens to vote directly through the official Nova Roma web site. This form shall record the voter identification number and desired vote(s) of the individual. The information thus collected will either be forwarded to the rogatores as it is gathered, or at the end of the process, at their discretion. Alternative methods of voting may be enacted by other legislation as required.

C. Each Citizen shall have the opportunity to vote for a single candidate for each office for which a vacancy exists, regardless of the number of vacancies within a given magistracy. Citizens may cast a vote for a candidate not listed on the ballot, or may waive their right to cast a vote for a given magistracy. Once cast, no vote may be altered, even with the correct voter identification code. Should multiple votes be registered with the same voter identification code, only the first one recorded shall be used when tallying the vote.

V. Procedures for counting votes.

A. Votes shall be counted by tribes.

• 1. In the case of a magisterial election, each tribe shall cast a number of votes equal to the number of vacancies for the magistracy in question. Votes shall be assigned to those candidates who received votes by members of the tribe, with those candidates receiving the most valid individual votes receiving the tribe's vote first, then working down in descending order until all the tribe's votes have been assigned.

EXAMPLE: Four candidates are running for Consul. Each tribe casts two votes, because there are two vacant positions. In tribe III, there are 26 votes for candidate A, 32 votes for candidate B, 2 votes for candidate C, and 13 votes for candidate D. The tribe's two votes are cast for candidates A and B, since they received the two highest vote totals within the tribe.

• 2. In the case of a vote on a lex, each tribe shall vote in favor of the lex if a majority of the votes received by members of the tribe are in favor. Otherwise, the tribe shall be considered to have voted against the proposed lex.
• 3. Should a tie occur within a given tribe, the winner shall be the candidate who is a paterfamilias or materfamilias, or if such shall not decide the issue, the winner shall be decided by lot. The rogatores may decide how such decisions by lot shall be made in a fair manner.

B. A vote or election shall be decided by a majority of the tribes.

• 1. In the case of a magisterial election, candidates must receive votes from at least 18 of the 35 tribes in order to win.
  • a. Should not enough candidates receive votes from at least 18 of the 35 tribes to fill all vacancies, a new election shall be called within 30 days from the end of the current election.
  • b. Should more candidates receive votes from at least 18 of the 35 tribes than there are vacancies, the winner shall be the candidate who is a paterfamilias or materfamilias, or if such shall not decide the issue, the winner shall be decided by lot. The rogatores may decide how such decisions by lot shall be made in a fair manner.
• 2. In the case of a vote on a lex, 18 of the 35 tribes must vote in favor for the lex to be adopted.

C. Votes may be tallied by automated means should the rogatores determine such is preferable to, and at least as accurate as, a manual count.

D. Only the aggregate votes of the tribes shall be delivered to the presiding magistrate; the votes of individual citizens shall be secret.

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LV: Lex Cornelia Octavia de ratione comitiorum centuriatorum

I. All previous laws relating to the Comitia Centuriata are hereby rescinded as they apply to the election of magistrates and the voting of leges by the Comitia Centuriata. This Lex Cornelia Octavia de Ratione Comitiorum Centuriatorum is hereby enacted to define the procedures by which the Comitia Centuriata shall conduct the business of electing magistrates and voting on leges.

II. Calling the Comitia to Order. Either a Consul or Praetor may, as described in the Constitution, call the Comitia to order, to hold a vote on a lex or leges, or to hold an election. The magistrate who calls the Comitia to order shall be referred to herein as the presiding magistrate.

A. This shall be done by making a public announcement announcing the call in those public fora which shall have been designated for such purpose, in which must be included:

1. The names of candidates for office and the office for which they are running (when the Comitia is being called for an election); 2. Date of Citizenship of each candidate. 3. The full text of any leges, which are being voted on (when the Comitia is being called to legislate); 4. The dates and time when the members of the Comitia shall begin and finish voting; 5. Any special instructions that pertain to the mechanics of the vote, if any.

B. The presiding magistrate shall have the responsibility for taking all reasonable precautions to ensure that candidates for a vote hold whatever qualifications are required by law. The Censors shall assist in such efforts as to the best of their ability.

III. Timing of the vote. A. The edictum containing the call to vote must be issued at least 120 hours (5 days) prior to the start of the vote. This period shall be known as the Contio, and shall be used for formal discussion of the issues and/or candidates before the People for vote. 1. In the event that, in an election for a magisterial office, there are not sufficient candidates elected to fill all vacancies in that office, the presiding magistrate may call for a follow-up election among those same candidates who failed to obtain that office in the previous election. For these follow-up elections, the 120-hour (5-day) requirement for the length of the Contio (official discussion period) shall be shortened to 24 hours.

B. During the Contio, the following conditions shall apply:

1. Those constitutionally empowered to do so may exercise their powers of intercessio or nuntiatio. a. Intercessio may be exercised against either the entire election or vote, or against one or more individual items on the ballot. If there are any items on the ballot that have not been subjected to intercessio, voting on them shall proceed normally. The removal of an item from the ballot due to intercessio shall not prevent that item from being placed upon the ballot for a different vote at a later time. b. The exercise of nuntiatio shall extend the Contio, postponing the start and end dates of the voting period by 24 hours, during which time nuntiatio may again be exercised. c. Should the exercise of nuntatio cause the voting period to move such that it conflicts with calendarical restrictions as defined by the Collegium Pontificum, the presiding magistrate may change or extend the dates of the vote and/or contio at his discretion.

2. A member of the Collegium Augurum shall be invited by the presiding magistrate to seek favorable auspices for the conduct of the vote, subject to those rules and regulations the Collegium Augurum shall set forth by decreta. Should the presiding magistrate himself be a member of the Collegium Augurum, he may take the auspices for the vote himself.

C. The period between the start and end of the voting must last no less than 120 hours (5 days).

D. The ability to vote during the voting period may be impacted and/or suspended due to calendrical issues as enacted by decreta of the Collegium Pontificum.

E. The rogatores shall tally the vote and shall deliver the results to the presiding magistrate within 48 hours of the close of the voting period.

F. The presiding magistrate shall announce the results of the vote within 24 hours of receiving the results from the rogatores, in at least the same venues as the original announcement calling the vote was published.

IV. Voting procedures. A. The censors shall issue to each citizen a unique voter identification code. This code shall be used to maintain anonymity in the voting process, and to minimize the possibility of vote fraud. In a timely fashion prior to the vote, the censors shall make available to the rogatores a list of valid voter identification codes and the centuries with which they are associated. The rogatores shall not have access to the names of the citizens associated with particular voter identification codes.

B. In consultation with the rogatores, the curator araneum shall make available a cista; a secure web-based form to allow citizens to vote directly through the official Nova Roma web site. This form shall record the voter identification number and desired vote(s) of the individual. The information thus collected will either be forwarded to the rogatores as it is gathered, or at the end of the process, at their discretion. Alternative methods of voting may be enacted by other legislation as required.

C. Each Citizen shall have the opportunity to vote for a single candidate for each office for which a vacancy exists, regardless of the number of vacancies within a given magistracy. Citizens may cast a vote for a candidate not listed on the ballot, or may waive their right to cast a vote for a given magistracy. Once cast, no vote may be altered, even with the correct voter identification code. Should multiple votes be registered with the same voter identification code, only the first one recorded shall be used when tallying the vote.

V. Procedures for counting votes. A. Votes shall be counted by centuries.

1. In the case of a magisterial election, each century shall cast a number of votes equal to the number of vacancies for the magistracy in question or the number of candidates who received individual votes from members of that century, whichever is less. Votes shall be assigned to those candidates who received votes by members of the century, with those candidates receiving the most valid individual votes receiving the century's vote first, then working down in descending order until either all the century's votes have been assigned, or there are no remaining candidates who received votes from citizens in that century. 2. In the case of a vote on a lex, each century shall vote in favor of the lex if a majority of the votes received by members of the century are in favor. Otherwise, the century shall be considered to have voted against the proposed lex. 3. Should a tie occur within a given century, the winner shall be the candidate who is a paterfamilias or materfamilias, or if such shall not decide the issue, the winner shall be decided by lot. The rogatores may decide how such decisions by lot shall be made in a fair manner. 4. No candidate may win a century unless he or she has received at least one vote from a citizen within that century.

B. A vote or election shall be decided by a majority of the centuries.

1. In the case of a magisterial election, candidates must receive votes from a simple majority of the centuries casting votes in order to win. a. Should not enough candidates receive votes from at least a simple majority of the centuries casting votes to fill all vacancies, a new election shall be called within 30 days from the end of the current election. b. Should more candidates receive votes from at least a simple majority of the centuries casting votes than there are vacancies, the winner shall be the candidate who is a paterfamilias or materfamilias, or if such shall not decide the issue, the winner shall be decided by lot. The rogatores may decide how such decisions by lot shall be made in a fair manner.

2. In the case of a vote on a lex, a simple majority of the centuries casting votes must vote in favor for the lex to be adopted. 3. "A simple majority" is hereby defined as "one half of the number of centuries casting votes, plus one". Abstentions are not considered votes, and a century in which all voters abstained shall not be counted toward this total.

C. Votes may be tallied by automated means should the rogatores determine such is preferable to, and at least as accurate as, a manual count.

D. Only the aggregate votes of the centuries shall be delivered to the presiding magistrate; the votes of individual citizens shall be secret.

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LVI: Lex Octavia de privatis rebus

The lex Cornelia de privatis rebus is hereby amended to include the following:

Patres familiarum and matres familiarum shall have access to the email addresses of all members of their gentes and applicants to their gentes. They may obtain this information from the web site, when a tool for viewing this is available, or from the censores.

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LVIII: Lex Octavia altera de comitiis centuriatis

This Lex is hereby enacted to set the number of centuries as required by Paragraph II.E.2 of the Constitution of Nova Roma, as amended by the Lex Octavia de comitiis centuriatis. In the event that the amendment does not pass, this lex shall be ineffective.

I. The number of centuries shall be determined by dividing the number of Assidui citizens by eight, rounding down. This calculation shall take place every time that a reallocation of centuries is performed by the Censores. If this calculation results in a number greater than 193, then there shall be only 193 centuries. If this calculation results in a number less than 51, there shall be exactly 51 centuries.

II. The Censores may determine the number of centuries in each class by edict, as previously established by the Lex Iunia centuriata. If the Censores choose not to do so, then the same proportions already in effect from the previous allocation shall be adhered to as closely as possible, in order to preserve the relative sizes of the classes. For purposes of this calculation, the century containing the Capite Censi shall be considered outside of any class.

III. The relative sizes of each class shall be initially set as follows:

• Class I: Twenty-Nine percent of the Assidui centuries.
• Class II: Twenty-Four percent of the Assidui centuries.
• Class III: Twenty percent of the Assidui centuries.
• Class IV: Sixteen percent of the Assidui centuries.
• Class V: Eleven percent of the Assidui centuries, plus one century reserved for the Capite Censi only.

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LIX: Lex Salicia de prorogatione et cumulatione

Preamble. Pursuant to fulfilling the precepts set forth in the Preamble of the Constitution of Nova Roma and accordingly bringing our Res Publica as close as reasonable and possible to the political system of Ancient Rome, this lex seeks to reestablish the ancient prohibitions of prorogatio, continuatio and cumulatio.

I. This lex covers the presentation of candidacies for the different magistracies of the Res Publica. Only elected magistrates fall under the scope of this lex; appointed officials do not have to follow what is indicated below.

II. The election of new magistrates for the following year, and the first call for candidates, shall be announced by the consules for the Comitia Centuriata and the Comitia Populi Tributa, and by the tribuni plebis for the Comitia Plebis Tributa, before the Kalends of November.

III. The requirements for candidates shall be the following:

III.A. No current holder of a magistracy, as defined by the lex Cornelia de definitione repetundorum magistratuum, shall present his or her candidacy for that very same position (prorogatio).

III.B. No individual shall present his or her candidacy to more than one magistracy at the same time (cumulatio).

III.C. No individual shall present a candidacy for a magistracy which said individual would not be legally qualified to hold on the day when, if elected, his or her term of office would be initiated. The term of office of a magistrate starts automatically on the day that is established by legislation, not when the oath of office or investment ceremony is performed. If someone is elected with delay in respect to the legal first day of the term of office, then the term starts immediately upon being elected, and ends on the day which is determined as the end of the term of office by law. (An example for clarification: if a current consul wants to be tribunus plebis for the next year, he cannot present his candidacy for the office of tribune, because it starts on 10 December, while the consulship expires only on 31 December, and if elected tribune, he would be holding two magistracies at the same time until 31 December regardless of whether he takes the oath for tribune or not. If this consul wants to run for next year’s tribuneship, he shall resign from the consulship when he presents his candidacy for the tribuneship).

IV. No election can be started until there are at least as many candidates for a magistracy as openings plus one candidate in order to avoid uncontested candidacies which would defy the Roman republican principle (for example: three candidates for the consulship, nine candidates for the eight openings of the quaestorship). These and other requirements for magistracies, established by other laws, shall be observed during the acceptance of candidacies by the presiding magistrate of an election when issuing the call for candidates. If the aforementioned required number of candidates (openings plus one more) who fit all legal requirements do not answer the first call for candidates within a nundinum (8 days, 192 hours) after the call, the presiding magistrate shall issue a second call for candidates, but only for those offices, where the required number of candidates is not reached. In the second call for candidates, the ban on consecutive office holding (prorogatio) shall be lifted, age and previous magistracy requirements shall be relaxed in the following way:

IV.A. Any citizen may assume the office of aedilis curulis, aedilis plebis, tribunus plebis, quaestor or vigintisexvir, who has reached the age of 21 years.

IV.B. Any citizen may assume the office of consul or praetor, who has reached the age of 25 years, and who has served previously as aedilis curulis, aedilis plebis, tribunus plebis, quaestor or vigintisexvir.

IV.C. Any citizen may assume the office of censor, who has reached the age of 30 years, and who has served previously as consul or praetor.

V. If the required number of candidates (openings plus one more) have not gathered together even for the second call for candidates within a nundinum (8 days, 192 hours) after the second call, the presiding magistrate shall issue a third and final call for candidates, but only for those offices, where the required number of candidates is not reached. In this third call for candidates, the requirements shall be further relaxed according to the discretion of the presiding magistrate, lower than the requirements under Section IV.

VI. If the required number of candidates (openings plus one more) is still not collected after another nundinum, the requirement for avoiding uncontested candidates shall be waived, and the elections can be started if there are at least as many candidates as openings for a magistracy. A comitia for partial election may be held, at the discretion of the presiding magistrate, for only some of the magistracies, but only after a nundinum has passed after the third call for candidates, during which candidates shall continue to be accepted. The final list of candidates for the partial election of magistracies shall be presented in a contio no earlier than one nundinum after the third call for candidates. However, the presiding magistrate may still not call the comitia centuriata for the election of consules and praetores as long as the candidates for both the consulship and praetorship are not collected in the minimum number equal to the openings, because the consules and praetores are ceremonially considered the same magistracy, elected under the same auspices, at the same session.

VII. If, due to the repeated calls and the delay, the elections could not be completed before the end of the year, interreges shall conduct the remaining business in the people’s assemblies, and for the plebeian assembly a senatus consultum shall grant tribunician powers to a selected individual to conduct the election of the new tribuni plebis. The requirements shall continue to be simplified continuing the steps described in this law.

VIII. The people, passing a lex in any comitia, may grant an exception from under any of these rules, or the senate can pass a senatus consultum allowing someone to be exempted from under the rules of this law.

IX. The consules shall ensure the application of this lex.

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LX: Lex Salicia de suffragiis in comitiis populi tributis

Preamble. Given that for some of the magistracies of the Res Publica, run-off elections have proved to be a frequent affair; and given that those run-off elections mean a serious waste of time and effort both for our magistrates and our citizenry, this law pursues to reduce the frequency of those run-off elections by increasing the number of votes cast by each citizen.

I. The Lex Vedia [Altera] de Ratione Comitiorum Populi Tributorum, paragraph IV.C is modified to read as follows:

"C. Each Citizen shall have the opportunity to cast a number of votes equal to one half of the number of vacancies within each magistracy, rounding fractions up. Citizens shall not be allowed to cast more than one vote for a single candidate. Citizens may cast a vote for a candidate not listed on the ballot, or may waive their right to cast a vote for a given magistracy. Once cast, no vote may be altered, even with the correct voter identification code. Should multiple votes be registered with the same voter identification code, only the first one recorded shall be used when tallying the vote."

II. The Lex Vedia [Altera] de Ratione Comitiorum Populi Tributorum, paragraph V.A.3 is modified to read as follows:

"3. Should a tie occur within a given tribe, the winner shall be the candidate who has received the vote of more tribes in total; if such shall not finally decide the issue, the winner shall be the candidate who is a paterfamilias or materfamilias. If this second disposition does not finally solve the issue, the winner shall be decided by lot. The custodes may decide how such decisions by lot shall be made in a fair manner."

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LXI: Lex Salicia iudiciaria

PRAEFATIO.

The intent of this law is to establish a judicial system in Nova Roma, setting the legal procedures that must be followed to present a case to a court and to constitute that court. This judicial system shall be based on the imperium of the praetores, thus intending to fulfill article IV.A.3.b. of the Constitution of Nova Roma.

These procedures are based on the Roman republican procedural model, both because it probably is the model that best suits Nova Roma and because it is the basis for all the procedural systems of modern Western nations. Some concessions to Nova Roma's particular structure have had to be made; but, in spirit, it follows the ancient Roman procedure.

PARS PRIMA: DE PETITIONE ACTIONIS.

I. Any citizen of Nova Roma shall be able to bring an action against another citizen of Nova Roma. The plaintiff shall be addressed in this law as "actor". The defendant shall be addressed as "reus".

II. The actor must announce the action he is intending to exert to one of the praetores ("editio actionis"), and then the actor must ask the praetor to start the procedure ("petitio actionis"). The praetor shall decide, within 72 hours, if the petitio actionis shall be presented to a court or if it shall be dismissed. A praetor can dismiss a petitio actionis if and only if one of the following cases applies:

A. The praetor has no competence in the issue.

Example: a praetor can not mediate between two foreign parties, for his competence is limited to the citizens of Nova Roma.

B. The parties are not sui iuris in Nova Roma.

Example: a minor can not play the part of an actor.

C. The claim is incongruent.

Example: "Ticius must be expelled from Nova Roma because he is bearded" is an incongruent claim, for it is not supported by law, precedent or common sense.

III. If the claim is dismissed by the praetores, the actor shall be able to present his case again to the praetores in the future, waiting for two new praetores to be elected by the Comitia if necessary.

IV. If the claim is approved by a praetor, the reus shall be informed of the nature of the claim presented against him and of the identity of the actor at the same time when the praetor announces the decision on the acceptance of the petition to the actor. Within forty-eight (48) hours after the claim's approval, the praetor shall offer all litigant parties an summary judgment as an attempt for reconciliation with a mutually satisfactory solution within another.

A. If all litigant parties accept the summary judgment, the case is closed immediately with the summary judgment enacted as the official decision.

B. If the reus does not answer to the summary judgment offered by the praetor within a trinundinum, the praetor shall judge the case in favor of the actor.

C. If the actor does not answer to the summary judgment offered by the praetor within a trinundinum, the praetor shall dismiss the case.

D. If all litigant parties answer, but one of the litigant parties refuses the administrative verdic, the case shall be presented to a judiciary court of justice defined according to this law within a trinundinum (24 days) after the claim's approval, and the proper judicial process shall be started.

PARS SECVNDA: DE FORMVLA.

V. Once a claim has been accepted by a praetor, that same praetor shall prepare a formula to present to the iudices. The formula shall consist of a logical statement that instructs the iudices on the decision they must take. The formula shall be structured into four parts: institutio iudicis, intentio, demonstratio and condemnatio. An explanation of each part follows:

A. INSTITVTIO IVDICIS: This clause appoints a certain iudex to judge the case (see below).

B. INTENTIO: This part expresses the claim of the actor; i.e., it shall express what the actor seeks by petitioning the praetor. There are two kinds of intentio: intentio certa, when the facts that lead to the actor's claim are so obvious that they do not need to be proved, and intentio incerta, when the actor must prove the facts that justify his claim.

Example: Intentio Certa: "According to the contract signed by Titius..." Intentio Incerta: "If it is proved that Ticius owes Gaius 1,000 sestertii, Gaius shall pay Ticius that same amount".

C. DEMONSTRATIO: This is the clause that further defines an intentio incerta.

D. CONDEMNATIO: This is the clause that allows the iudices to condemn or absolve.

Example: a formula could be something like this: "Let Sulpicius be the iudex. If it is proved that Ticius owes Gaius 1,000 sestertii, you, iudex, shall condemn Ticius to pay 1,000 sestertii to Gaius; else, you shall acquit Ticius."

The clauses would be: Institutio Iudicis: "Let Sulpicius be the iudex." Demonstratio: "If it is proved that ..." Intentio: "... Ticius owes Gaius 1,000 sestertii ..." Condemnatio: "... you, iudex, shall condemn Ticius to pay 1,000 sestertii to Gaius; otherwise, you shall acquit Ticius."

VI. To write down a formula, a praetor shall use one of these three sources as a basis:

A. Lex: the intentio and the condemnatio shall never be in disagreement with the current laws of Nova Roma. They must follow these laws when the situation is explicitly treated by them.

B. Iurisprudentia: in those cases where the laws do not present an explicit treatment of a certain situation, a praetor shall create iurisprudentia (jurisprudence) applicable to all similar situations. Iurisprudentia is an expression of the Imperium of the praetor, and it has the same legislative power as a praetorial edictum. Because of this, laws approved by the Comitia shall always supersede iurisprudentia, and a certain praetor can alter previous iurisprudentia through an official edictum whenever common sense dictates that such a course of action is necessary.

PARS TERTIA: DE IVDICIBVS.

VII. Once the formula is ready, iudices (judges) shall be appointed from the album iudicum, a list of all the citizens that can legally judge a case. The album iudicum shall include the names of all equestrians (public and private knights, as well), tribuni aerarii equestres, senators (adlected full senators and unadlected quasi-senators with the ius sententiae dicendae, as well) and the decemviri stlitibus iudicandis.

VIII. The number of iudices that shall make up the tribunalis (court of justice) for a certain case shall be decided by the praetor according to the following guidelines:

A. The tribunalis shall be composed of ten (10) iudices whenever the intentio includes accusations of laesa patria (seriously threatening the well-being of the Republic), bribery, embezzlement of public funds, prevarication, electoral fraud, attacks to dignitas, slander or libel, or whenever the sententia might imply the loss of citizenship for one of the parties.

B. In all other occasions, the tribunal shall be composed of a single iudex when serving as a court of first instance, and between two to five iudices (number decided by the praetor) when serving as an appellate court in these cases, granted that the same iudex cannot serve in both the court of first instance and court of appeal in the same case.

IX. The praetor shall aleatorily take a number of names equal to the number of iudices from the album iudicum. The following considerations apply:

A. If the praetor considers that some of the iudices thus appointed are obviously related by ties of interest to one of the parties, then the praetor shall, at his own discretion, dismiss those iudices and cast lots to appoint different iudices from the album iudicum.

B. A citizen thus appointed to a court shall be able to ask for an exemption from that judicial work if there are factors that do not allow him to serve in that position. The praetor must be asked for that exemption within thirty-six (36) hours of the official announcement of that appointment; the praetor shall grant that exemption at his own discretion, or he shall deny it, thus forcing the appointed iudex to serve or face an accusation of contempt.

C. Each party shall be able to dismiss a maximum of three (3) iudices, forcing a new iudex to be aleatorily taken from the album iudicum with each veto. Once both parties agree with a certain group of iudices, or both have already used their three vetoes, the remaining iudices shall be the final iudices, unless one of the preceding paragraphs applies.

D. If both parties can agree on a certain citizen(s) of Nova Roma to judge their case before a definitive group of legal iudices has been appointed, then the praetor shall include that citizen (or those citizens) among the iudices for the current case.

PARS QVARTA: DE IVDICIO

X. Once a tribunal has been appointed, the praetor shall inform the iudices of the formula that they shall apply. The praetor shall decide if the trial is going to be conducted under the public scrutiny or, should the dignitas of innocents be at stake, declare a secret summary and move the trial away from public scrutiny.

XI. Any of the parties can choose to appoint an advocatus (advocate or barrister) to speak for them in front of the iudices, or they can choose to speak by themselves. An advocatus shall not receive a fee for his services.

XII. The actor shall present evidence to back his demands, and then the reus shall present evidence to back his defense. Evidence shall consist of anything that is relevant to the case, including written texts, visual evidence, and the statements of witnesses or experts. In the case of statements, each party shall have the right to ask questions of the witnesses and experts presented by the other party.

XIII. The praetor shall be the final judge to determine what pieces of evidence are relevant to the case.

XIV. Once both parties have presented their evidence, each party shall have the opportunity to make one final statement in front of the iudices, with the actor speaking in the first place. Then the praetor shall call for a sententia (sentence) from the iudices, according to paragraph XV, reminding the iudices that, in case of doubt, they must *not* condemn the reus.

PARS QVINTA: DE SENTENTIA

XV. Once the praetor has called for a sententia, the iudices shall have seventy-two (72) hours to deliberate; within those seventy-two (72) hours, the iudices shall individually issue one of the following sentences:

A. ABSOLVO: if the tribunal's majority decision is "absolvo", the reus shall be acquitted.

B. CONDEMNO: if the tribunal's majority decision is "condemno", the reus shall be condemned according to the formula previously established by the praetor.

C. NON LIQUET: meaning “it is not clear, abstaining”. These sentences shall be counted toward ABSOLVO.

D. Should there be a draw in the tribunal's votes (sentences of CONDEMNO being equal to the sum of ABSOLVO and NON LIQUET combined), the reus shall be acquitted.

XVI. Once all the iudices have issued their sententiae, the praetor shall immediately inform the parties of the sententia, and shall enforce any penalties through his imperium.

PARS SEXTA: DE POENA

XVII. In those cases where the laws of Nova Roma or the praetor's sense deem it necessary, the formula shall include one or several of the following penalties to be inflicted upon a convicted reus:

A. MULTA CENSUALIS: a deduction of the Census Points of the reus. The album civium page of the reus shall not detail the cause of deduction just display the words “multa censualis”.

B. MVLTA PECVNIARIA: a fine payable to the treasury of Nova Roma. The convicted reus shall be counted among the capite censi until the fine has been paid.

C. DECLARATIO PVBLICA: the convicted reus shall publicly recognize the actor's intentio, in any public fora indicated in the formula. The convicted reus shall suffer inhabilitatio (see below) until the declaration has been made to the praetor's satisfaction.

D. INHABILITATIO: the convicted reus shall be disqualified from voting, holding a magistracy, or exerting a certain right for a set period of time or until a certain condition is met; any condition or time period must be explicitly stated in the formula.

E. EXILIUM: the convicted reus shall lose his Novoroman citizenship and all the rights and duties associated with it for a set (but not necessarily limited) period of time, or until a certain condition is met; any condition or time period must be explicitly stated in the formula.

PARS SEPTIMA: DE PROVOCATIONE AD POPVLVM

XVIII. In those cases where a sententia implies a loss of citizenship, the reus shall have the right to publicly claim a confirmation vote from the Comitia Centuriata. Once the reus claims this right, the consules shall call the Comitia Centuriata within fifteen (15) days to vote upon the reus's expulsion. Should the Comitia Centuriata confirm the sententia, the sententia shall be applied. Should the Comitia Centuriata vote against the sententia, the sententia shall be nullified.

XIX. Once a reus has been absolved, either by a tribunalis or by the Comitia Centuriata, he shall not be judged again under the same accusations.

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LXII: Lex Salicia de convocatione tribunicia comitiorum

Preamble.

In order to fulfill article VI.7. of the Constitution of Nova Roma, this lex seeks to establish the procedures by which the Tribuni Plebis shall call the Comitia Plebis Tributa and the Comitia Populi Tributa to order.

I. The Tribuni Plebis shall always be allowed to call the Comitia Plebis Tributa to order when the issues at hand concern the internal operation of the Comitia Plebis Tributa themselves, or to elect the plebeian magistrates.

II. On any other occasion, a Tribunus Plebis who wishes to present his proposals to the People shall first announce his intention in the public fora established by the Laws of Nova Roma for magisterial announcements and edicta. This announcement shall include a call for the Censores to publicly disclose the following information:

A. Current total number of citizens of Nova Roma.

B. Current number of members of the Ordo Patricius (Patrician Order).

C. Current ratio between the two figures above (nº of Patrician citizens/total nº of citizens).

The censores shall have three days (seventy-two [72] hours) to present the required information. Should the censores fail to do so, and should the information not be easily available at the Nova Roma main web site (if it is available, the Tribunus Plebis shall use that information as if it had been provided by the Censores), the Tribunus Plebis shall consider that the numbers of the last summoning of the Comitia are still valid.

III. Should the ratio between the number of Patricians and the total number of citizens exceed 0.1 (the Patricians thus representing over ten percent [10%] of the total population of Nova Roma), the Tribunus Plebis shall then proceed to call the Comitia Populi Tributa within fifteen (15) days from the first tribunician announcement mentioned in paragraph II of this lex.

IV. Should the ratio between the number of Patricians and the total number of citizens *not* exceed 0.1 (the Patricians thus representing under ten percent [10%] of the total population of Nova Roma), the Tribunus Plebis shall then proceed to call the Comitia Plebis Tributa within fifteen (15) days from the first tribunician announcement mentioned in paragraph II of this lex.

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LXIII: Lex Arminia de ratione edictorum

The purpose of this law is to determine the validity of the edicts of Novaroman magistrates.

I. This lex is valid only for those magistrates defined in the Article IV.A. of the Constitution, that is, the magistratus ordinarii.

II. An edict of a magistrate is valid only until the end of the year when that edict was issued. This includes the term of office of a scribe or assistant, which ends with to the term of office of the same magistrate.

III. An edict can be revalidated in the year following by a successor magistrate by means of another edict announcing which of the edicts will stand.

IV. When the names of the new magistrates are known after the annual elections, the Praetores will have four nundina (25 days) to present the valid edicts issued by the magistrates to the new magistrates.

V. After these four nundina, and with the new magistrates in office, the edicts not endorsed will be revoked.

VI. This law will be valid only after the next year, that is, 2756 AUC or 2003 CE.

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LXIV: Lex Salicia de suffragiis in comitiis plebis tributis

Preamble. Given that for some of the magistracies of the Res Publica, run-off elections have proved to be a frequent affair; and given that those run-off elections mean a serious waste of time and effort both for our magistrates and our citizenry, this law pursues to reduce the frequency of those run-off elections by increasing the number of votes cast by each citizen.

I. The Lex Labiena de Ratione Comitiorum Plebis Tributorum, paragraph IV.C is modified to read as follows:

"C. Each Citizen shall have the opportunity to cast a number of votes equal to one half of the number of vacancies within each magistracy, rounding fractions up. Citizens shall not be allowed to cast more than one vote for a single candidate. Citizens may cast a vote for a candidate not listed on the ballot, or may waive their right to cast a vote for a given magistracy. Once cast, no vote may be altered, even with the correct voter identification code. Should multiple votes be registered with the same voter identification code, only the first one recorded shall be used when tallying the vote."

II. The Lex Labiena de Ratione Comitiorum Plebis Tributorum, paragraph V.A.3 is modified to read as follows:

"3. Should a tie occur within a given tribe, the winner shall be the candidate who has received the vote of more tribes in total; if such shall not finally decide the issue, the winner shall be the candidate who is a paterfamilias or materfamilias. If this second disposition does not finally solve the issue, the winner shall be decided by lot. The rogatores may decide how such decisions by lot shall be made in a fair manner."

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LXV: Lex Salicia de convocatione tribunicia comitiorum

Preamble.

In order to fulfill article VI.7. of the Constitution of Nova Roma, this lex seeks to establish the procedures by which the Tribuni Plebis shall call the Comitia Plebis Tributa and the Comitia Populi Tributa to order.

I. The Tribuni Plebis shall always be allowed to call the Comitia Plebis Tributa to order when the issues at hand concern the internal operation of the Comitia Plebis Tributa themselves, or to elect the plebeian magistrates.

II. On any other occasion, a Tribunus Plebis who wishes to present his proposals to the People shall first announce his intention in the public fora established by the Laws of Nova Roma for magisterial announcements and edicta. This announcement shall include a call for the Censores to publicly disclose the following information:

A. Current total number of citizens of Nova Roma.

B. Current number of members of the Ordo Patricius (Patrician Order).

C. Current ratio between the two figures above (nº of Patrician citizens/total nº of citizens).

The censores shall have three days (seventy-two [72] hours) to present the required information. Should the censores fail to do so, and should the information not be easily available at the Nova Roma main web site (if it is available, the Tribunus Plebis shall use that information as if it had been provided by the Censores), the Tribunus Plebis shall consider that the numbers of the last summoning of the Comitia are still valid.

III. Should the ratio between the number of Patricians and the total number of citizens exceed 0.1 (the Patricians thus representing over ten percent [10%] of the total population of Nova Roma), the Tribunus Plebis shall then proceed to call the Comitia Populi Tributa within fifteen (15) days from the first tribunician announcement mentioned in paragraph II of this lex.

IV. Should the ratio between the number of Patricians and the total number of citizens *not* exceed 0.1 (the Patricians thus representing under ten percent [10%] of the total population of Nova Roma), the Tribunus Plebis shall then proceed to call the Comitia Plebis Tributa within fifteen (15) days from the first tribunician announcement mentioned in paragraph II of this lex.

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LXVI: Lex Cornelia Octavia de assiduis et capite censis

Preamble.

The purpose of this amendment will be to revise section III. C of the Senatus Consultum on taxation and add an amendment to the Lex Vedia de Assidui et Capiti Censi, by placing all newly approved citizens in the classification of Capiti Censi.

This Lex has two key aims.

1. To modify the current status by placing all newly approved citizens in the classification of Capiti Censi.

2. To give new citizens the option to be reclassified as Assidui by paying the current year's tax in full.

I. All persons obtaining citizenship after this lex takes effect will have Capiti Censi status until and unless payment is made.

II. Any citizen of the Capiti Censi may become Assidui by paying the appropriate amount, as defined by Senatus Consultum. If payment is made during a contio or election, the change in status will take place after the election concludes.

III. Upon receipt of tax payment in full, the applicant is considered to assume the rights and privileges of Assidui as defined by the Lex Vedia de Assidui et Capiti Censi and the applicant will be allocated to a rural tribe and appropriate century allocation.

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LXVII: Lex Fabia de censu

The Lex Cornelia de censu is hereby superseded by this Lex Fabia de Censu.

Pursuant to the Constitution of Nova Roma (II.A. 4 and IV.A.1.b) the following law is hereby enacted to determine accurately the number of citizens who make up Nova Roma.

I. A Census of all citizens of Nova Roma should be done every two (2) years. This will be the responsibility of the Censors.

II. The Nova Roma Census will last for a period of sixteen (16) weeks, and must be completed by Pridie Kal. Novembres (the 31st of October). The start and end of the Census period will be announced by the Censors on the NR website, official lists, and in the major fora. The official lists are currently located at nova-roma@yahoogroups.com and NovaRoma-Announce@yahoo.com. Notification must also be published on the Nova Roma Message board. The Censors shall also ask the Governors to announce the Census period on the provincial level.

III. The Census will consist of the following:

A.Those who meet any of the following criteria will still be considered citizens:

1. Those who voted in the main election (in November and/or December).

2. Those who have paid taxes for the current calendar year.

3. Patresfamiliarum who have successfully responded to the yearly registration of the Lex Cornelia de Tabulis Gentium Novaromanarum Agendis.

4. Persons who became citizens during the current calendar year.

5. Persons who have been successfully contacted as described in section IV.

B. Inactive citizens are those citizens who fail to meet at least one of the conditions in IV A.

1.The following will establish some of the procedures for contacting inactive citizens. Inactive citizens are those who will have to be contacted by the National Census.

2. The following methods will be used to contact inactive citizens:

a. Bulk E-mail. At least two attempts should be done to contact citizens by this means.

b. Surface mail. "Inactive" citizens who are unreachable by e-mail shall receive a mailing.

1)This shall be done on the provincial level by Governors and legati under the supervision of the Censors.

2) In those Provinciae where there is no Governor and in those areas not yet included in a Provincia, the Censors shall ask a Governor of the nearest possible Provincia to the residence of that inactive citizen to do this.

3) If this is not possible, it shall be done by the Censors.

4) Surface mail information should be forwarded to whatever official Nova Roman address that is specified by the Censors. Surface mail information must reach the Censors before Pridie Kal. Novembres (the 31st of October). The Current Official address of all Nova Roman Mail correspondence is:

Nova Roma P.O. Box 1897 Wells, ME 04090

At the time of the passage of this lex, the above address is the official address; if the official address changes in the future, the new address should be utilized.

c. Phone calls. If a Citizen is unreachable by e-mail or surface mail, he/she shall be contacted by telephone. This shall be done on the provincial level by Governors and legati under the supervision of the Censors. In those Provinciae where there is no Governor and in those areas not yet included in a Provincia, this shall be optional, and it can be done by the Governor of the nearest possible Provincia to the residence of the "inactive" citizen upon request of the Censors, or by a Censor himself.

d. A temporary banner and link will be put on the main Nova Roma website for the duration of the Census where individual citizens may input their information to comply with the Census. Further, the Censors shall recommend such a banner and link to be put on any other Nova Roman website (Provinces, Magistrates, Sodalitates).

IV. All communicated information pertaining to the Census shall be noted in a database on the Nova Roma Website, the address of which will be specified by the Censores at the beginning of the Registration Period. Citizen information may be entered into this database by the Censores, their appointed assistants, or by the individual citizens.

V. By Pridie Kal. Octobres (the 30th of September), the Censors should post a list to the official e-mail lists of Nova Roma displaying the names of those citizens who have failed to respond.

VI. If a citizen fails to respond to the contact attempts, that person will be considered a "Socius" (Ally), but not a citizen. If he/she is a Pater/Materfamilias, he/she shall lose this position immediately and the Censors will abide by the Constitution, any laws, and any Censorial edict if the appointment of a Paterfamilias is necessary. However, the Censors have the discretion to waive this clause if both Censors feel there are legitimate reasons for the citizen to remain incommunicado.

VII. If a citizen knows of an extended period of unavailability that will coincide with the census, he may contact the Censors up to three (3) months before the census is to begin to inform them of his active status and his desire to be counted in the census. Such contact will be considered by the Censors as having fulfilled the citizen's duty to reply during the census period. Proxies are not permitted during the National Census effort.

VIII. At any time, a Socius may contact the Censores and ask to regain his/her Citizenship, which will then be granted unless there are compelling reasons otherwise.

IX. In the Album Civium it shall be clearly indicated whether an individual is a Civis (citizen) or a Socius.

X. At the end of the National Census, postage or telephone expenses incurred by the magistrate will be reimbursed by either a monetary payment or a tax credit. All such payments or credits shall be disbursed in exchange for receipts, receipt copies and bills (if it is not possible to obtain receipts) and must be approved by the Senate.

It will be up to the Censors to choose which of these two methods to follow to compensate the other involved magistrates in the most economical fashion. Furthermore, it will be up to the Senate to authorize payout.

It shall be up to the Senate to choose which of these two methods to follow to compensate the Censors in the most economical fashion.

XI. A budget shall be allocated by the Senate to meet expenses to compensate magistrates involved in the Census.

XII. The First Census will take place during the Consulship of Caeso Fabius Quintilianus and Titus Labienus Fortunatus (2756 AUC).

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LXVIII: Lex Fabia de ratione comitiorum centuriatorum

1.

All previous laws relating to the Comitia Centuriata are hereby rescinded as they apply to the election of magistrates and the voting of leges by the Comitia Centuriata. This Lex Fabia de Ratione Comitiorum Centuriatorum is hereby enacted to define the procedures by which the Comitia Centuriata shall conduct the business of electing magistrates, voting on leges, and voting to convict or acquit citizens brought to trial before the Comitia Centuriata.

2. Calling the Comitia to Order.

Either a Consul or Praetor may, as described in the constitution, call the Comitia to order to hold a vote on a lex or leges, to hold an election, or to conduct a trial. The magistrate who calls the Comitia to order shall be referred to herein as the presiding magistrate.

A

This shall be done by making a public proclamation announcing the call in those public fora which shall have been designated for such purpose, in which must be included:

1.

The names of candidates for office and the office for which they are running (when the Comitia are being called for an election);

2.

Date of Citizenship of each candidate.

3.

The full text of any leges, which are being voted on (when the Comitia are being called to legislate);

4.

The dates and time when the members of the Comitia shall begin and finish voting;

5.

Any special instructions that pertain to the mechanics of the vote.

6.

In the case of a trial, the name of the accused, and the charges and specifications of which they are accused.

B

The presiding magistrate shall have the responsibility for taking all reasonable precautions to ensure that candidates for a vote hold whatever qualifications are required by law. The Censors shall assist in such efforts as to the best of their ability.

3. Timing of the vote.

A

The edictum containing the call to vote must be issued at least 120 hours (5 days) prior to the start of the vote. This period shall be known as the Contio, and shall be used for formal discussion of the issues and/or candidates before the People for vote.

1.

In the event that, in an election for a magisterial office, there are not enough candidates elected to fill all vacancies in that office, the presiding magistrate may call for a follow-up election among those same candidates who failed to obtain that office in the previous election. For these follow-up elections, the 120-hour (5-day) requirement for the length of the Contio (official discussion period) shall be shortened to 24 hours.

B

During the Contio, the following conditions shall apply:

1.

Those constitutionally empowered to do so may exercise their powers of intercessio or obnuntiatio.

1.

Intercessio may be exercised against either the entire election or vote, or against one or more individual items on the ballot. If there are any items on the ballot that have not been subjected to intercessio, voting on them shall proceed normally. The removal of an item from the ballot due to intercessio shall not prevent that item from being placed upon the ballot for a different vote at a later time.

2.

The exercise of obnuntiatio shall extend the Contio, postponing the start and end dates of the voting period by 24 hours, during which time obnuntiatio may again be exercised.

3.

Should the exercise of nuntatio cause the voting period to move such that it conflicts with calendrical restrictions as defined by the Collegium Pontificum, the presiding magistrate may change or extend the dates of the vote and/or contio at his discretion.

2.

A member of the Collegium Augurum shall be invited by the presiding magistrate to seek favorable auspices for the conduct of the vote, subject to those rules and regulations the Collegium Augurum shall set forth by decreta. Should the presiding magistrate himself be a member of the Collegium Augurum, he may take the auspices for the vote himself.

C

In the case of a vote on a lex, the period between the start and end of the voting must last no fewer than 120 hours (5 days).

D

In the case of a vote on the guilt or innocence of an accused citizen tried before the Comitia Centuriata, the period between the start and end of the voting must last no fewer than 192 hours (8 days).

E

The ability to vote during the voting period may be impacted and/or suspended due to calendrical issues as enacted by decreta of the Collegium Pontificum.

F

The diribitores shall tally the vote and shall deliver the results to the presiding magistrate within 48 hours of the close of the voting period; in the cases of a magisterial election, the diribitores shall also announce in the appropriate public fora various running tallies as provided in V.B below.

G

The presiding magistrate shall announce the results of the vote within 24 hours of receiving the results from the diribitores in at least the same venues as the original announcement calling the comitia was published.

4. Voting procedures.

A

The censors shall issue to each citizen a unique voter identification code. This code shall be used to maintain anonymity in the voting process, and to minimize the possibility of vote fraud. In a timely fashion prior to the vote, the censors shall make available to the diribitores a list of valid voter identification codes and the centuries with which they are associated. The diribitores shall not have access to the names of the citizens associated with particular voter identification codes.

B

In consultation with the diribitores, the magister aranearius shall make available a cista, a secure web-based form, to allow citizens to vote directly through the official Nova Roma web site. This form shall record the voter identification number and desired vote(s) of the individual. The information thus collected will either be forwarded to the diribitores as it is gathered, or at the end of the process, at their discretion. Alternative methods of voting may be enacted by other legislation as required.

C

In the case of a magisterial election, each voter shall have the option to mark the each candidate "yes (uti rogas)" or to leave the candidate unmarked; 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." In the case of legislation, for each proposed law, each voter shall have the option to vote "yes (uti rogas)" or "no (antiquo)." In the case of a trial each voter shall have the option to vote "absolvo" (I absolve, innocent), or "condemno" (I condemn, guilty). Once cast, no vote may be altered, even with the correct voter identification code. Should multiple votes be registered with the same voter identification code, only the first one recorded shall be used when tallying the vote.

5. Procedures for counting votes.

A

Votes shall be counted by centuries.

1.

In the case of a magisterial election, the votes of each century shall be calculated as follows. For each century, the candidates shall be ordered by the number of 'yes' votes they receive from voters in that century, the candidate who receives most 'yes' votes (ties being decided by lot) being numbered 1, and so on in descending order. If any candidates have no 'yes' votes from voters in that century, those candidates shall not be listed.

2.

In the case of a vote on a lex, each century shall vote in favor of the lex if a majority of the votes received by members of the century are in favor. Otherwise, the century shall be considered to have voted against the proposed lex.

3.

In the case of a vote on the guilt or innocence of a citizen tried before the Comitia Centuriata, each century shall vote for conviction if a majority of the votes received from members of that century are marked "condemno." Ties within a century will result in that century voting to acquit.

4.

The custodes may decide how decisions by lot shall be made in a fair manner. In the case of trials, no decisions will be made by lot.

B

(the whole paragraph has been replaced by lex Curiatia Iulia de ratione comitiorum centuriatorum July, 18, 2762 auc. The new applicable text is: )

In the case of magisterial elections, the voting period shall last no fewer than 192 hours (8 days), with all centuries casting their votes concurrently. Reports of the voting results shall be announced sequentially.

1. The Diribitores shall select by lot one century from among the first class centuries to serve as the Centuria Praerogativa. No century containing only one member shall be selected for this purpose.

2. Within forty-eight (48) hours after the beginning of the voting period, the Diribitores shall tally the votes of all those who have cast votes thus far in the Centuria Praerogativa, and shall announce those results no later than 48 hours after the beginning of the voting period.

3. Ninety-six (96) hours after the beginning of the voting period, the Diribitores shall tally the votes of all those who have voted thus far, and shall announce the results of only the first class centuries no later than 120 hours after the beginning of the voting period.

4. All voting shall cease after no less than 192 hours (8 days) have past and no more than 216 hours (9 days) have past after the beginning of the voting period. The Diribitores shall then tally all votes cast and within 48 hours later report the results solely to the presiding magistrate and to his or her colleague as per 3.F.

note of the praetura: Lex Curiata Iulia changes the previous proceedings. Now, every century may vote from the opening of the vote. The notion of prerogative century now just has consequences on first the tally and second the announce of the cast votes: first the prerogativa, second the first classes, third all the reminding ones.

C

Results shall be counted by century.

1.

In the case of a magisterial election, the results are calculated as follows.

1.

In the first round, the first (number one) preferences of the centuries are compared. If at this stage any candidate is the first preference of more than fifty per cent of the centuries (not including any 'void' centuries - centuries in which no 'yes' votes were cast), that candidate is elected. If no candidate has a majority of first-preference votes, then the candidate who is the number one choice of fewest centuries (ties being decided by lot) is eliminated. The election or elimination of a candidate ends the first round.

2.

If there still are vacancies to be filled, there is a second round in which each century which voted for the elected or eliminated candidate as its first choice is given to its second choice candidate. If any such century has no second choice, that century becomes 'void'. As before, if any candidate now has a majority of the centuries (not including any 'void' centuries), he or she is elected. If not, the candidate with the fewest centuries is eliminated. This concludes the second round.

3.

If there are still vacancies to be filled, each century held by the candidate who was elected or eliminated in the previous round is given to its second choice candidate or, if that candidate has been elected or eliminated, to its third choice candidate. Any century having no candidate as its next choice becomes 'void'. Any candidate who now has a majority of centuries (not including 'void' centuries) is elected, and if no candidate has a majority then the candidate with the fewest centuries is eliminated, ending the third round.

4.

This procedure is repeated until all the vacancies are filled.

5.

If at the end of any round the number of candidates is equal to the number of vacancies and all the candidates have the same number of centuries, the tie is decided by lot, but rather than eliminate the loser, the winner is elected, and the round ends.

2.

In the case of a vote on a lex, a simple majority of the centuries casting votes must vote in favor for the lex to be adopted.

3.

In the case of a trial before the Comitia Centuriata, a majority of the centuries most vote in favor of conviction in order for the accused to be convicted.

4.

In the case of a magisterial elections, a "majority" is defined as "one half of the number of centuries (not including 'void' centuries) plus one, fractions being rounded down".

5.

In the case of a vote on a lex, a "simple majority" is hereby defined as "one half of the number of centuries casting votes, plus one, fractions being rounded down". A century in which no voters cast votes shall not be counted toward this total.

6.

In the case of a trial before the Comitia Centuriata, a "majority" is defined as "one half of the total number of centuries, plus one, fractions being rounded down."

Even those centuries in which no voters cast votes shall be counted, as implicit votes for acquittal, toward the total.

D

Votes may be tallied by automated means should the diribitores determine such is preferable to, and at least as accurate as, a manual count.

E

Only the aggregate votes of the centuries shall be delivered to the presiding magistrate; the votes of individual citizens shall be secret.

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LXIX: Lex Salicia poenalis

PARS PRIMA: PRINCIPIA GENERALIA

1. Temporal Applicability:

1. A crime is committed in the moment when the reus acted or, in the case of a crime by omission, failed to act.
2. All crimes and their associated penalties shall be defined by the laws that are in force at the time of the commission of the crime.
3. Should those laws change during the application of a punishment, the law that is most favourable to the reus shall prevail.
4. A crime is actionable from the moment of its discovery; if no actor shall have filed an action alleging that the reus has committed the crime within five (5) years of the crime's discovery, at the conclusion of that five-year period the praetores shall accept no further action alleging that instant crime.

2. Application in Space and Duality of Legislation:

1. A crime is committed in the physical or virtual place where the reus acted or, in the case of a crime by omission, failed to act.
2. This law shall be applied in the land of the Republic of Nova Roma, within all the physical buildings owned by the Republic of Nova Roma, and in all the communication venues owned or used by the Republic of Nova Roma.
3. Due to the very nature of Nova Roma's sovereignty, and following the duality principle defined in the Constitution of Nova Roma, many crimes shall not be treated directly by Novoroman laws. In those cases, the appropriate macronational laws shall be considered applicable as well as this law. The praetores shall be held responsible for denouncing those crimes to the appropriate macronational authorities, and all the magistratus of Nova Roma shall give their assistance in the performance of that duty.

3. Rights of Citizenship:

1. For the purposes of this lex the following rights of citizenship, including those which may be impaired temporarily or abrogated permanently by conviction, are defined:
   1. Suffragium, to include:
      1. The right to vote in any or all comitia to which the citizen may legally have access. This right shall not be construed as permitting patricians to vote in the Comitia Plebis Tributa nor persons who have not been legally adlected to vote in the Comitia Curiata.
      2. The right to participate in contio; this right shall not be construed as permitting patricians to participate in contio in the Comitia Plebis Tributa nor persons who have not been legally adlected to participate in contio in the Comitia Curiata.
      3. The rights to bring actions under leges poenales and to give evidence therein. The right to bring actions under leges poenales may not be impaired or abrogated by conviction except by exilium for life.
      4. The right to fair trial by law for offence; this right may not be impaired or abrogated by conviction except by exilium for life.
      5. The right to possess or accumulate century points.
      6. Provocatio, the right of appeal to the Comitia.
      7. The right to the protections afforded by law; this right may not be impaired or abrogated by conviction except by exilium for life.
   2. Honores, the right to seek or hold public office, elective or appointive.
   3. Commercium, to include:
      1. Vindicatio, the rights to be party to civil actions under the law and to give evidence therein; the right to be party to civil actions under the law may not be impaired or abrogated by conviction except by exilium for life.
      2. In iure cessio, the right to make contracts.
      3. Mancipatio, the right to buy and sell property or services, including the use of any venue under the legal authority of Nova Roma to do so;
      4. Testamenti factio, the right to make testamentary instruments.
2. The rights enumerated in this lex poenalis are not exhaustive, nor shall they be construed as limiting in any way rights granted under the Constitution of Nova Roma or other rights established by law.
3. Action may be brought by any citizen for violation of any right enumerated in this lex, the Constitution of Nova Roma, or the laws of Nova Roma, except as a result of conviction for offence under law.
4. Nothing in this lex shall be construed as constraining Nova Roman citizens from seeking macronational redress for actions which constitute offences under macronational law.

4. Penalty Determination and Principles of Reparation and Deterrence:

1. Reparation and deterrence are hereby defined as the principles that guide the determination of penalties.
2. The primary goal of all penalties shall be to secure for the affected party and, if the crime be against society, for the state fair reparation from the offender, proportionate to the harm done or intended and taking into account the circumstances of the offence and of the offender, in the form of apologies, services, compensation or other benefits. The form of the reparation should, if possible, be such as to directly put right the wrong done to the affected party and to society. Due weight shall also be placed on the need of society to deter the commission of offences.
3. When writing the formula according to the Lex Salicia Iudiciaria, the praetores shall choose a penalty that falls within the limits established by the laws of Nova Roma.

5. Commission by action or inaction:

1. Crimes may be committed either by actively causing an illegal event or state of affairs or by allowing an illegal event or state of affairs to occur through inaction.
2. A punishment due to inaction shall only be applied when the reus had a legal duty to act and, by omitting to perform that duty, caused a situation or created a risk to the detriment of others. An omission with intent to create such a situation or risk shall ordinarily receive a heavier penalty than one without such intent.
3. For purposes of this lex, legal duties to act may arise from:
   1. The imposition of a duty by the constitution, a lex, a senatus consultum, an edictum or a decretum;
   2. Forming a contract in which a duty is stated or is clearly implicit;
   3. Standing in a familial relationship with another which implies a duty of care;
   4. Explicitly accepting a duty of care toward another;
   5. Causing or being responsible for a situation or sequence of events which is likely to be harmful or detrimental to others and being aware of one's responsibility.

6. Exclusion of Offence, Presumption of Innocence, and Burden of Proof:

1. No act shall be punished when any of the following conditions apply:
   1. The reus acted in self-defence to repel an illicit violation of the legal rights of an innocent, including himself, through proportional and reasonable measures.
   2. The reus acted in exercise of his legal rights.
   3. The reus acted in compliance with a legal duty.
   4. The affected party (if different from the actor) explicitly approves the reus' action.
2. A reus shall be presumed innocent until guilt is determined by the iudices beyond a reasonable doubt. If proof of guilt beyond a reasonable doubt is not presented, the iudices must acquit the reus.
3. The burden of proof in any action is on the actor. No reus shall be compelled to testify against himself, nor shall a reus who willingly chooses to testify on his own behalf be exempt from cross-examination.
4. Acquittal shall preclude any further action against the reus for the alleged instant offence.

7. Sui Iuris Status Requirement:

1. Should a citizen who is not sui iuris under the laws of Nova Roma commit any infraction specified by this law, his pater/materfamilias or tutor shall be held accountable for inability to prevent commission of the infraction.
2. Should a peregrinus, a non-citizen, seek to file an action under the laws of Nova Roma, he must accept in writing the jurisdiction of Nova Roma and agree to abide by the decision of the court; without execution of such an agreement, the praetor shall accept no actions filed by a peregrinus. If an action is filed against a peregrinus, that peregrinus will be afforded the rights of citizenship pertaining to fair trial for offences and the giving of evidence in the proceeding, if and only if the peregrinus shall execute in writing an agreement to observe the procedures of the Lex Salicia Iudiciaria and to accept and comply with the decision of the court. If a peregrinus refuses to execute the aforesaid agreement, the Iudices must issue a default judgment against the peregrinus. A peregrinus against whom a default judgment has been issued shall be banned from application for citizenship and from access to the public fora of the Republic of Roma Nova until the said peregrinus has accepted and met the terms of his sentence.

8. Representative action:

1. Whoever perpetrates an infraction while willingly acting in the name of other(s) shall be held primarily accountable for the commission of the infraction; whoever instructs another to perpetrate an infraction shall not normally be held primarily accountable for the offence but may be charged with conspiracy.

9. Incitement, Conspiracy, and Attempted Offences:

1. It shall be an offence to incite a person to commit a criminal offence, to conspire with another person to commit a criminal offence, or to attempt to commit a criminal offence. The penalty for incitement, conspiracy or attempt to commit a given offence shall be proportional to the severity of the offence, but may be less at the discretion of the praetor than the penalty for the actual commission of the offence.

10. Court Composition:

1. Following the paragraph VIII.a of the Lex Salicia Iudiciaria, and expanding it, all the crimes defined by this law shall be judged by a tribunalis composed by ten (10) iudices.

11. Contumacy:

1. Whoever refuses to accept a penalty imposed by a legitimate Novoroman court shall be guilty of contumacy. If after thirty days the convicted reus has failed to perform the actions indicated in the sententia to the satisfaction of the praetores, the convicted reus may suffer EXILIUM for a maximum period of one year.

12. Legal Precedence:

1. A praetorian formula can be vetoed by all the magistrates constitutionally empowered to do so. Once a sententia has been issued by a legal Novoroman court, since this court represents the will of the Comitia, only a vote in the Comitia may rescind a sententia by the passage of a lex. If the sententia includes EXILIUM, only the Comitia Centuriata can rescind the poena.

PARS ALTERA: DE CRIMINIBVS POENISQVE

13. Definition of Poenae:

1. Article XVII of the Lex Salicia Iudiciaria is amended, to wit:

"XVII. In those cases where the laws of the Republic of Nova Roma deem it necessary, the praetor's formula shall include one or several of the following penalties to be inflicted upon a convicted reus:

A. MVLTA PECVNIARIA: restitution payable to a victim and/or a fine payable to the treasury of Nova Roma by a reus.

B. DECLARATIO PVBLICA: the convicted reus shall publicly recognize the actor's intentio, including an apology to the actor, the victim (if different from the actor), and the Republic of Nova Roma, in any public fora indicated in the formula. The convicted reus shall suffer inhabilitatio (see below) until the declaration has been made to the praetor's satisfaction.

C. INHABILITATIO: impairment or abrogation of some or all rights of citizenship, as defined in paragraph II. of the Lex Salicia Poenalis, of the convicted reus for a period of time or until a certain condition is met; any condition or time period must be explicitly stated in the formula.

D. EXILIUM: the convicted reus shall lose his Novoroman citizenship and all the rights, privileges, and duties associated with it for a period of time, or until a certain condition is met; any condition or time period must be explicitly stated in the formula."

2. Every sententia that is condemning shall include the poena of MULTA CENSUALIS, and the amount of Census Points deducted shall be determined by the praetor in the formula, but they can only be numbers divisible by 10 or 5. The praetors may issue edicts setting the exact system of the MULTAE CENSUALES as used in Nova Roma, but until they do not regulate it in edict, the following grades shall be used:

1. For offenses that the praetor deems minor, the MULTA CENSUALIS shall be a 10 CP deduction.

2. For offenses that the praetor deems serious, the MULTA CENSUALIS shall be a 100 CP deduction.

3. For offenses that the praetor deems very serious the MULTA CENSUALIS shall be a 400 CP deduction.

4. For offenses that the praetor the gravest possible the MULTA CENSUALIS shall be a deduction of 1000 CP.

3.If the result of the MULTA CENSUALIS is a negative CP balance, the negative balance shall be recorded and all new acquisition of CP shall be used for equating the MULTA PECUNIARIA before any positive amount can appear in the album civium CP account of the citizen.

14. CALVMNIAE (Libel and Slander):

1. Whoever is proven to have made to a third party a false and defamatory statement about a person which has damaged the dignity or reputation of that person may be compelled to make a DECLARATIO PVBLICA: the convicted reus shall then present a public retraction and apology in order to restore the actor's dignity and reputation in one of Nova Roma's official venues within thirty days of the official announcement of the sentence.
2. The convicted reus may be placed under moderation on Nova Roma's official communications venues for a maximum period of six months. The messages of a citizen under moderation may be censored; in those cases, the praetores shall publicly announce the censoring of the message, and shall provide the original message upon request to those magistrates entitled to use intercessio against the praetores' decision within twenty-four (24) hours of their announcement.

15. SOLLICITVDO (Electronic Harassment)

1. The Lex Fabia on electronic harassment is hereby rescinded.
2. It shall be an offence for a person who has sent messages of a disturbing nature by e-mail or instant message to a citizen to refuse to cease sending such messages when so requested by the recipient. Messages of a disturbing nature are those messages which cause fear or revulsion in the recipient and include, but are not restricted to, messages that are of an unwanted sexual nature, derogatory, or hateful.
3. The praetor's formula may include any or all of the following poenae:
   1. DECLARATIO PVBLICA, including an apology to the actor, the victim (if different from the actor), and the Republic of Nova Roma, and, if deemed necessary by the praetor's formula,
   2. MVLTA PECVNIARIA, compelling the reus to pay an amount to the sum of up to the sum of fifty dollars ($50.00) to the Aerarium Publicum;
   3. The convicted reus may be placed under moderation on Nova Roma's official communications venues for a maximum period of six months. The messages of a citizen under moderation may be censored; in those cases, the praetores shall publicly announce the censoring of the message, and shall provide the original message upon request to those magistrates entitled to use intercessio against the praetores' decision within twenty-four (24) hours of their announcement; or
   4. On second conviction for the offence, EXILIUM for a period not to exceed one year.
4. Actions against official communications of the Republic of Nova Roma or its magistrates shall not be accepted by the praetor under this offence.

16. FALSVM (Fraud, Swindle, Perjury and Falsification):

1. It shall be an offence knowingly and intentionally to provide false or misleading information to other persons or bodies in such a way as to hinder them in the fulfillment of their legal duties, to induce them to part with any property or surrender any right which is theirs, or to incite them to perform an action detrimental to their interests. This includes (but is not limited to) intentional lies in front of a legal Novoroman tribunalis and knowingly providing false information to a Novoroman magistrate.
2. If any action detrimental to the interests of the state or its citizens follows from a falsum, that action shall be voided. Any damage created by the detrimental action shall be repaired, if possible, by the reus. The praetor may include in his formula instructions to other magistrates and provisions to repair that damage within the limits established by the laws of Nova Roma.
3. The praetor's formula may include any or all of the following poenae:
   1. DECLARATIO PVBLICA, including an apology to the actor, the victim (if different from the actor), and the Republic of Nova Roma.
   2. MVLTA PECVNIARIA, compelling the reus to pay an amount to the sum of the loss of the victim to that victim (even if different from the actor), and, if deemed necessary by the praetor, up to the sum of the loss of the victim to the Aerarium Publicum.
   3. INHABILITATIO from any of the following:
      1. The Ordo Equester for a period to be determined by the praetor's formula; and, if deemed necessary by the praetor's formula,
      2. Some or all rights of commercium for a period to be determined by the praetor's formula; and, if deemed necessary by the praetor's formula,
      3. Some or all rights of suffragium and honores, for a period not to exceed five years.

17. ABVSVS POTESTATIS (Magisterial Abuse):

1. Whenever it is proven that a magistrate of Nova Roma has used his magisterial powers to act against the lawful rights of a person as defined by the laws and Constitution of Nova Roma, or to gain illegal advantages for himself or for others, the illegal action shall be voided. Any damage created by this illegal action shall be repaired, if possible, by the reus. The praetor may include in his formula instructions to other magistrates and provisions to repair that damage within the limits established by the laws of Nova Roma.
2. The praetor's formula may include any or all of the following poenae:
   1. DECLARATIO PVBLICA, including an apology to the actor, the victim (if different from the actor), and the Republic of Nova Roma.
   2. MVLTA PECVNIARIA, compelling the reus to pay an amount to the sum of the loss of the victim to that victim (even if different from the actor), and, if deemed necessary by the praetor, up to the sum of the loss of the victim to the Aerarium Publicum.
   3. INHABILITATIO from some or all rights of suffragium and honores for life;
   4. EXILIUM for life.

18. CONTVMELIA PIETATE (Offences against Piety):

Whoever incites in another person hatred, despite or enmity towards a person or group on the basis of the religious beliefs or practices of that person or group, or who in any other way infringes the freedom of another person to hold religious beliefs or to engage in religious teaching, practice, worship or observance, shall make a DECLARATIO PVBLICA and may also be moderated as in paragraph XIV.B. above.

19. AMBITVS ET LARGITIO (Voting Irregularities):

Whoever intentionally falsifies the outcome of a comitial vote, violates the secrecy of a comitial ballot, bribes or corrupts a comitial voter, obstructs a comitial vote or in any other way illegally influences the outcome of a comitial vote may be condemned to any or all of the following poenae:

1. DECLARATIO PVBLICA, including an apology to the actor, the victim (if different from the actor), and the Republic of Nova Roma.
2. INHABILITATIO from some or all rights of suffragium and honores, for a period not to exceed five years;
3. EXILIUM for any period up to life.

20. PECVLATVS (Fund Embezzlement):

1. It shall be an offence to misappropriate or otherwise embezzle any part of the Aerarium Publicum or of the funds entrusted by the Senate.
2. The praetor's formula may include any or all of the following poenae:
   1. DECLARATIO PVBLICA, including an apology to the actor, the victim (if different from the actor), and the Republic of Nova Roma.
   2. MVLTA PECVNIARIA of not less than the amount misappropriated and not more than four times the amount misappropriated, to be determined by the praetor's formula.
   3. INHABILITATIO from some or all rights of suffragium and honores, for a period not to exceed five years.

21. LAESA PATRIAE (Treason Against the Republic):

1. The definition of laesa patriae includes, but is not limited to, any overt act by a citizen which a reasonable person would conclude to be damaging or defamatory to the republic, its religio, or its institutions, including acts which may expose the republic, its religio, or its institutions to macronational legal action, if such act is not legally authorised by the republic or its agents, and/or acts which endanger the ability of the republic, its religion, or its institutions to perform its legal functions;
2. The offense may be aggravated for purposes of penalty by any citizen who openly declares enmity to the republic, its religio, or its institutions in connection with an act described in (1); and that
3. The penalty for laesa patriae shall be not less than deprivation of citizenship for one year nor more than permanent deprivation of citizenship, according to the formula of the praetor. Whoever acts in such a manner as to seriously and explicitly endanger the continued existence of the Republic of Nova Roma, its properties, its institutions, its constitution, or the position of the Religio Romana as the state religion shall suffer EXILIUM for a period up to life. No one shall be prosecuted under this offence for any legislative proposal or peaceful attempt to reform the State by means of legislation.

22. INIVRIA (Injury):

1. It shall be an offence to intentionally strike a person or to damage or destroy his property contrary to law.
2. If any action detrimental to the interests of the state or its citizens follows from a iniuria, that action shall be voided. Any damage created by the detrimental action shall be repaired, if possible, by the reus. The praetor may include in his formula instructions to other magistrates and provisions to repair that damage within the limits established by the laws of Nova Roma.
3. The praetor's formula may include any or all of the following poenae:
   1. DECLARATIO PVBLICA, including an apology to the actor, the victim (if different from the actor), and the Republic of Nova Roma, as defined in paragraph XIII.A. above.
   2. MVLTA PECVNIARIA, compelling the reus to pay an amount to the sum of the loss of the victim to that victim (even if different from the actor), and, if deemed necessary by the praetor, up to the sum of the loss of the victim to the Aerarium Publicum.
   3. INHABILITATIO from some or all rights of suffragium and honores, for a period not to exceed five years;
   4. EXILIUM for any period up to life.

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LXX: Lex Labiena de praetoribus agendis in loco parentium

1. Any citizen who is 18 years of age or older and unable to contact a paterfamilias or materfamilias (hereinafter referred to as the paterfamilias) may present a petition to a praetor.

2. Upon receiving such a petition, the praetor may either dismiss the petition or summon the paterfamilias to answer the petition. The summons shall be delivered to the last known e-mail address of the paterfamilias and published on Nova Roma's official mailing list. The praetor is free to pursue other courses of action in an effort to contact the paterfamilias as the praetor sees fit.

3. If the paterfamilias responds to the summons within 45 days, the petition shall be dismissed.

4. If the paterfamilias fails to respond to the summons within 45 days, the praetor shall have the authority to act in loco parentis and approve or deny the petition.

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LXXI: Lex Labiena de custodia perpetua fori

In the event that no praetor is elected during Nova Roma's yearly elections for magistrates, the praetors of the preceding year, along with any scribae they have appointed for the task, shall continue to act as the moderators of the main list until a praetor is elected to take their place.

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LXXII: Lex Fabia de oppidis et municipiis

Preamble

“Oppidum” was a general term for cities and townships in the Roman empire, and this lex intends to encourage and regulate the establishment of different type of local res publicae, civitates, official local communities in those oppida where at least five modern Romans are located. The overall term for such local communities shall be commune or, with a more accepted English term, municipality (civitas oppidana, res publica oppidana, municipalitas may be used as Latin terms). This lex also opens the possibility of confederation with Nova Roma for other res publicae, civitates, various forms of communities, which would support the function and mission of Nova Roma.

I. Membership in local communities

A. Citizens (cives optimo iure), associate citizens (cives Latini) or partial citizens (cives sine suffragio) and allies (socii) of Nova Roma shall have the right to form city based local communities, collectively called municipalities, within the Res Publica Nova Romana. These local communities shall have internal autonomy to the extent stated in this law.

B. Every citizen of Nova Roma living within the geographical limits of a certain municipality, as defined by its charter, shall be automatically a citizen of the municipality, except when it is decided otherwise by the municipality. No one who does not live within those geographical limits shall be a member of that local community, excepting those who have been granted honorary membership in the municipality.

C. Every member of a municipality shall have the right to relinquish his or her membership in that municipality without losing any of his or her rights as a citizen of Nova Roma.

D. Loss of Nova Roman citizenship shall involve loss of membership in a municipality of Nova Roman citizens (see IV.A), but will not cause loss of membership in a Latin municipality or in an allied municipality (IV.B-C).

E. The rights of the citizens of a municipality may be restricted as a disciplinary action by the government of the municipality, but in case of civilian municipalities, the available disciplinary actions shall be regulated by a municipal lex before any restriction can be applied.

F. Subject to the above requirements, every municipality has the right to determine its own membership.

G. Honorary citizenship with full membership rights may be given by the municipality, as determined by internal regulations of the municipality, to individuals living outside the territory of the municipality.

II. Required features of local communities

Local communities may be founded only within provinces and within the praefectura of Italia. In order to receive official approval by Nova Roma a local community must have the following features:

A. A definition of the city, the place and its boundaries, where the local community is located. The municipality shall be based on one macronational city, or if it is outside the territory of any cities, on a precisely defined single locality. The territorium of the municipality, from which citizens can receive membership in the municipality, can be larger than that single city, but it may not be larger than a county (or respective territorial subdivision used by the macronational country in question which is the smallest geographic unit within the country comprising more than one cities and having a self-government).

B. An "album civium" (roll of citizens) that lists the members of the local community.

C. A proposed treaty, the "foedus", for allied non-citizen municipalities or commonwealths, and a charter, the “regula” for military municipalities, the “constitutio” for the civilian municipality of a vicus, the “lex municipii” or “lex coloniae” for the civilian municipalities of a municipium or colonia.

D. A written Action Plan with a list of a projected system of annual activities for the community.

III. Forms of local communities

Municipalities are divided into two very different types: civilian municipalities with civilian democratic self-government, and military municipalities with a military government. For historical reasons, a municipality may decide to use any of these terms as part of their proper name, but the official label must be added to the full official name recorded in our public documents (for example, the current burgus can retain its name Colonia Rostallo even if it is not a colonia formally, and thus the full official name shall be burgus Colonia Rostallo).

A. Military municipalities, according to their size and nature, shall be classified into the following three categories:

1. A “burgus” or “castellum” (“burgus” suggests smaller size, but both terms can be used at the discretion of the founders) shall be a small military municipality of undetermined nature, with at least five members.

2. "Castra” or “castrum” (“castrum” suggests smaller size, but a more permanent, city-like status, while “castra” may imply a temporary situation, a marching camp, and it is the most military sounding of all; both terms can be used at the discretion of the founders) shall be a military municipality of at least fifteen members, with heavy focus on military reenactment.

3. “Canabae” shall be a military municipality of at least fifteen members, with a civilian focus, or at least with an equal focus on civilian and military reenactment.

B. Civilian municipalities, according to their size, degree of affiliation to Nova Roma and macronational status, shall have three different legal statuses. The initial legal status of the communities may be changed by the Senate or by the Comitia of Nova Roma if the community changes its characteristics.

1. A "vicus" shall be a municipality with at least five members.

a. A "conciliabulum" shall be a vicus formed as a simple voluntary association of citizens without formal approval by the state.

b. A “forum” shall be a vicus formed by an edictum of a magistrate or governor for administrative purposes.

2. A “colonia” or colony shall be a municipality of at least fifteen members, usually upgraded from a military municipality, which was not formed in the territory of a pre-existing city, or was not formed from a pre-existent macronational corporation. It may be linked to a pre-existent corporation whose members are not all members of Nova Roma, and which is not synchronized with Nova Roma. It may form a subsidiary macronational corporation, which is created by Nova Roma upon central decision, to aid its functioning, or it may create such corporation independently from Nova Roma, but one which is completely synchronized and subordinated to Nova Roma.

3. A "municipium" or federated state shall be a municipality with at least fifteen members which is formed from, and operates through, a pre-existent macronational corporation affiliated to Nova Roma in various degrees and forms of affiliation, but not created by Nova Roma. This corporation may be substituted by a very highly organized but legally not incorporated macronational club or association of people which has a charter or constitution and a regulated hierarchy, leadership or government (both legal corporations and such unincorporated associations shall be referred to as corporations for the purposes of this law). The corporation of a municipium may also be one which was created by Nova Romans and composed of Nova Romans only, but it is not one created by the central administration, and is not a subsidiary corporation of Nova Roma. If this corporation decides to fully subordinate itself to the central administration of Nova Roma, the municipium will be upgraded to a colonia. There may exist a different, locally unrestricted type of municipium-like community in affiliation with Nova Roma which is discussed under section IV.C.

IV. Civil rights status of municipalities

Municipalities have different civil rights statuses according to the degree of affiliation to Nova Roma. The initial civil rights status of the communities may be changed by the Senate or by the Comitia of Nova Roma if the community changes its characteristics.

A. Municipalities of Nova Roman citizens:

1. Composed exclusively of Nova Roman citizens or partial citizens (cives sine suffragio), they have the label “civium Novorum Romanorum.”

2. The proportion of cives optimo iure among the founders may not be less than 75%. They shall have privileges not granted to municipalities of lesser status, according to law.

B. Allied municipalities with the ius Latinum:

1. Composed of Nova Roman citizens and non-citizens, where at least the 50% of the founders are Nova Roman citizens, they have the label “Latinus, -a, -um” (according to the grammatical form of the accompanied term). Those members of the municipality who are not Nova Roman citizens receive the civitas Latina in Nova Roma also known as ius Latinum, by virtue of being member of such a municipality.

2. Laws shall accord more privilege to Latin municipalities than to simple allied municipalities, but lesser benefits than to what is due to fully Nova Roman municipalities.

3. As an award or distinction for very fruitful cooperation with Nova Roma, a Latin municipality can be raised by the Senate to the status of civitas Nova Romana sine suffragio. Such municipalities shall have the label “civium Novorum Romanorum sine suffragio”, and all of it members who are not Nova Roman citizens will automatically become cives sine suffragio.

C. Allied municipalities of non-citizens and allied commonwealths, symbolic states or corporations of non-citizens:

1. Composed either of non-citizens only, or, alternatively, of Nova Roman citizens and non-citizens, where less than 50% of the founders are Nova Roman citizens, they are defined as socii, and their legal denomination shall be “civitas foederata”. This category may not have the legal denomination of municipium or colonia.

2. To this category belong not only local groups but geographically undefined allied organizations which do not fit into the structure of Nova Roma as military reenactment units or gladiatorial groups. They acquire this status by the ratification of a “foedus” (treaty) with Nova Roma, which the Comitia or the Senate of Nova Roma shall ratify.

3. Civitates foederatae determine their internal structure, charter and bylaws independently from Nova Roma, but they shall observe their foedus with Nova Roma otherwise Nova Roma may dissolve the federation.

4. Such a civitas foederata may receive the ius Latinum and the grant of civitas Latina from the Senate or the Comitia as a sign of distinguished status in relation to Nova Roma even if none of their members is a Nova Roman citizen. This will make the civitas foederata a municipality with the ius Latinum (IV.B). Further increase in status may be granted by elevating the community to the civitas Nova Romana sine suffragio. An allied community may be granted Latin status or Nova Roman civitas sine suffragio at the discretion of the Senate and People of Nova Roma even without undergoing the previous grades of civil rights status.

V. Establishment of military municipalities

The difference between military reenactment units and military municipalities is that military municipalities are local communities, restricted to inhabitants of a city and its surroundings, while membership in military reenactment groups is not restricted to a given city or area. Another difference is that military municipalities can have any number of civilian members, they can be even predominantly composed of civilian members, while military units are normally composed of soldiers mostly, and civilians often do not have an indispensable function in them. In military municipalities, civilians can fill any role that can be interpreted within the frames of a city community. Military municipalities can better involve civilians who are connected to the legionary group, and focus their activities to a certain place. Military municipalities can serve as a focus of local loyalty, activity, a framework of local Roman society. If there is a Nova Roman military unit in the area, it is practical and advisable to found a city level local community first in form a military municipality, a permanent military camp, from which a real, fully-fledged colonia or municipium can develop. The advantage of starting out as a military municipality is that it is less bureaucratic, simpler to administer, it works entirely at the discretion of the leadership of the military unit to which it belongs.

A. In order to gain official approval as a burgus, castellum, castrum, castra or canabae, the required number of individuals, and their reenactment unit officer who is the commander of the founders (whether soldiers or civilians), shall present a "regula" (charter) to the provincial governor, or to a central magistrate with imperium. At least 50% of the founding members shall be members of the founding military unit, but later the proportions can change to any as long as the municipality remains linked to a Nova Roman autonomous reenactment unit. If the requirements in Section II are met, the governor or the magistrate with imperium may approve the regula by edictum. A military municipality shall always belong to an autonomous reenactment unit of Nova Roma or to an allied reenactment unit or to a reenactment unit that is a friend of Nova Roma, as defined by the lex Aurelia de legionibus.

B. The regula shall clearly define the following: the official name of the burgus, castellum, castrum, castra or canabae; its geographical limits; the autonomous legionary unit to which the municipality belongs; the titles, duties and rights of its officers; the procedures for the appointment of its officers; the procedures of issuing new regulations and orders, the procedures for the maintenance of its album civium; and the name of the governing commander to be appointed.

A. Once the regula of the military municipality has been approved, the governor or founding magistrate shall appoint a praefectus to govern the civilian municipality. If the governing officer of the military municipality is a Nova Roman citizen legally holding the title legatus of the legionary group which fills the municipality with its members, then the governing officer may be titled legatus. The governing commander of the military municipality is always appointed by the provincial governor, or by a chief commanding officer of an autonomous reenactment unit of Nova Roma. A military municipality shall always be under the administration and command of its mother unit, except when otherwise agreed in the charter or with the governor or government of Nova Roma.

B. The provincial governor must be informed of any intention to change the regula, and, if, after any appropriate discussions with the representatives of the military municipality, the governor approves them, he or she shall issue an edictum about the changes.

C. The Comitia of Nova Roma, the Senate, or if requested by the governing commander of the military municipality, the provincial governor, or a magistrate with imperium, may dissolve the military municipality.

D. The provincial governor is answerable to the Senate for his or her actions concerning the matters in this section V.

VI. Establishment of civilian municipalities

The founding charter of the civilian municipalities of the ius Latinum or of non-citizens shall be a “foedus” (treaty) detailing the terms of agreement and relationship with Nova Roma, the charter of the Nova Roman cives optimo iure shall be a constitutio, lex coloniae or lex municipii. In every case, the founding foedus, constitutio, lex coloniae or lex municipii shall be submitted to the Praetorian Law Revision Committee of Classicists and Latinists, stipulated by the lex Hortensia de legibus scribundis, and it shall be published or presented for legal approval only after this committee certified the document as historically and linguistically authentic and to be in accordance with the mos maiorum. If the praetorian committee suggests changes to the document, the founders shall make the changes and re-submit the document for certification.

A. Founding of a vicus with the legal status of conciliabulum

1. In order to establish a conciliabulum, a group of five or more individuals living in the defined city or territory of the future vicus shall publish a "constitutio" (charter), certified by the Praetorian Law Revision Committee of Classicists and Latinists, which meets the requirements of Section II, to the official Main Forum of Nova Roma.

2. The constitutio shall clearly define the following: the official name of the vicus; its geographical limits; the titles, duties and rights of its magistrates; the procedures for the election of its magistrates; the procedures of local legislation, the procedures for the maintenance of its album civium. These regulations shall be historically authentic.

3. Once the constitutio has been published, the vicani shall elect their local magistrates according to a method determined by their mutual agreement.

4. The provincial governor must be informed of any change to the vicus’s constitutio.

5. A conciliabulum may not be dissolved in any other way but by a majority vote of its members, or, if dissolution is warranted by its disruptive or criminal activity, by legal proceeding at Nova Roman court.

B. Founding of a vicus with the legal status of forum

1. In order to gain official approval as a forum, a group of five or individuals living in the defined city or territory of the future vicus shall present a "constitutio" (charter), certified by the Praetorian Law Revision Committee of Classicists and Latinists, to the provincial governor, or to a central magistrate with imperium. If the requirements in Section II are met, the governor or the magistrate with imperium shall, without the right of refusal, approve the constitutio by edictum. If the governor or magistrate objects to the constitutio due to any concerns, they should first negotiate the necessary changes with the founders. If a satisfactory solution cannot be negotiated, they shall submit the constitutio to the senate for decision with a commentary on the problems.

2. The constitutio shall clearly define the following: the official name of the vicus; its geographical limits; the titles, duties and rights of its magistrates; the procedures for the election of its magistrates; the procedures of local legislation, the procedures for the maintenance of its album civium. These regulations shall be historically authentic.

3. Once the constitutio has been approved, the governor or founding magistrate shall appoint a praefectus iure dicundo to handle the election of the vicus’s first magistrates from among the citizens of the vicus. The praefectus shall arrange and conduct a legal election within sixty days from his or her appointment. Their office shall expire on election of regular magistrates.

4. The provincial governor must be informed of any change to the vicus’s constitutio, and shall then, after any appropriate discussions with the representatives of the vicus, issue an edictum either approving or vetoing the change.

5. The Comitia of Nova Roma, the Senate, or if requested by the majority of the members of the vicus, the provincial governor, may dissolve the vicus.

6. The provincial governor is answerable to the Senate for his actions concerning the matters in VI.B.

C. Founding of a colonia

1. In order to establish a colonia, a group of fifteen or more individuals shall present a "lex coloniae" (charter and bylaws), certified by the Praetorian Law Revision Committee of Classicists and Latinists, to the provincial governor, or to a central magistrate with imperium. If the requirements in Section II are met, the governor or magistrate shall report the lex coloniae unchanged to the Senate. The governor or the magistrate may add a recommendation which shall be presented to the Senate along the lex coloniae. If the founding is supervised by a magistrate with the ius agendi cum populo, he or she may also present it to the Comitia of Nova Roma for approval.

2. The lex coloniae shall clearly define the following: the official name of the colonia; its geographical limits; the titles, duties and rights of its magistrates; the procedures for the election of its magistrates; the procedures of the ordo decurionum, the comitia and local legislation, the procedures for the maintenance of its album civium. These regulations shall be historically authentic.

3. The law approving the lex coloniae establishing the colonia shall be called “senatus consultum de colonia deducenda” if made by the Senate or “lex de colonia deducenda” if enacted by the Comitia. Once the lex coloniae has been approved, it shall have the legal precedence of a senatus consultum or lex, depending on the approving law, for purposes of legal precedence under article I.B. of the lex Cornelia Domitia de re publica constituenda.

4. Once the lex coloniae has been approved by the Senate or the Comitia, the Senate or the Comitia in the law establishing the colonia, or in absence of such instruction, the governor or the magistrate who supervised the process, shall appoint a committee of three citizens (or other number, usually two, three or ten, the number determining the Latin title, duoviri, tresviri, decemviri etc.), with the title “tresviri coloniae deducendae” to conduct the rituals and practical acts of founding the colonia, and to handle the election of the colonia’s first magistrates from among the coloni. The tresviri coloniae deducendae shall arrange and conduct a legal election within sixty days from his or her appointment. The office of the tresviri shall expire on election of the regular magistrates of the colonia.

5. The lex coloniae shall then be presented to the comitia coloniae for ratification.

6. The provincial governor must be informed of any change to the lex coloniae.

7. Only the Comitia of Nova Roma, the Senate, or the colonial comitia, may dissolve a colonia.

8. Acting as the Board of Directors, the Senate may recognise coloniae as local chapters of Nova Roma, Inc. in order to allow them to benefit from Nova Roma's status as a non-profit-organisation.

D. Incorporation of a municipium

1. In order to gain official approval as a municipium, a group of fifteen or more individuals from an existing macronational entity (corporation, foundation, club etc. or an unincorporated but highly organized association with government-like leadership, as described in III.B.3), shall present a "lex municipii" or “lex municipalis” (charter and bylaws), certified by the Praetorian Law Revision Committee of Classicists and Latinists, to the provincial governor, or to a central magistrate with imperium. If the requirements in Section II are met, the governor or magistrate shall report the lex municipii unchanged to the Senate. The governor or the magistrate may add a recommendation which shall be presented to the Senate along the lex municipii. If the founding is supervised by a magistrate with the ius agendi cum populo, he or she may also present it to the Comitia of Nova Roma for approval.

2. The lex municipalis shall clearly define the following: the official name of the municipium; its geographical limits; the macronational corporation or entity on which the municipium is based; the titles, duties and rights of its magistrates; the procedures for the election of its magistrates; the procedures of the municipal council, of the municipal comitia and local legislation, the procedures for the maintenance of its album civium. These regulations shall be historically authentic.

1. Once the lex municipii has been approved, it shall have the legal precedence of a senatus consultum or lex, depending of the approving law, for purposes of legal precedence under article I.B. of the lex Cornelia Domitia de re publica constituenda.

2. Once the lex municipalis has been approved by the Senate or the Comitia, the governor shall appoint a praefectus iure dicundo to handle the election of the municipium's first magistrates from among the citizens of the municipium. Even if the community had magistrates before incorporation to Nova Roma, the new magistrates shall be elected under the supervision of the praefectus in cooperation with the old magistrates. The praefectus iure dicundo shall arrange and conduct a legal election within sixty days from their appointment. The office of the praefectus iure dicundo shall expire on election of the regular magistrates of the municipium.

3. The lex municipalis shall then be presented to the comitia municipalia for ratification.

4. The provincial governor must be informed of any change to the lex municipii.

5. Only the Comitia of Nova Roma, the Senate, or the municipal comitia, may dissolve a municipium.

6. Acting as the Board of Directors, the Senate may recognise municipia as local chapters of Nova Roma, Inc.: by such an action, the municipium advances to the status of colonia.

VII. The local res publica

A. Local comitia

A municipium or colonia shall have local comitia (an assembly of its members) as described in this paragraph which shall be called "comitia municipalia" or “comitia coloniae”.

1. The local comitia shall elect all local magistrates, if not otherwise stated in the communal lex, and enact communal leges (called "leges municipii/municipales” and “leges coloniae/coloniales”) binding upon the members of the local community.

2. The local comitia shall be called to order by the mayors of the municipality (by those magistrates defined in the local lex) through an edictum.

3. All the members of a municipality shall have the right to speak and vote in its comitia. Voting in these comitia shall require physical presence of the voter in the place where the comitia are being held. The commune may define alternative forms of participation instead of physical presence in case of an emergency (e. g. a pandemic, a natural disaster) or for voters who are disabled or unable to attend.

4. The local comitia shall be called to order at least once every year to elect the magistrates for the next year.

B. Local council

Coloniae and municipia shall have a government council, the "ordo decurionum" (city senate), which may be named differently in case of municipia as defined by their charter. Former and current magistrates of the municipality shall be members of the ordo decurionum.

1. This council shall be the supreme policy-making authority for the municipality, and shall decide in questions as defined by the communal lex.

2. Voting in the ordo decurionum shall require physical presence of the voter in the place where the council is being held. The commune may define alternative forms of participation instead of physical presence in case of an emergency (e. g. a pandemic, a natural disaster) or for voters who are disabled or unable to attend.

C. Local magistrates

In order to meet the requirements of section II, a local community shall have magistrates serving as mayors as described in this paragraph. All magistrates and officers of a municipality shall be citizens of the municipality.

1. Government in military municipalities

a. Military municipalities do not have elected magistrates as mayors but commanders, military governors, provosts. They can be termed variously, but praefectus is the normal title. This can be a praefectus castrorum, praefectus canabarum, praefectus burgi etc. determined by the name of the municipality, and by the consensus of the members. If the military governor holds the title legatus in Nova Roma for another position, the title used for the municipality presidency may also be legatus. Other titles such as praepositus are also acceptable if their authenticity is certified by the Praetorian Law Revision Committee of Classicists and Latinists of the lex Hortensia de legibus scribundis.

b. The praefectus of the municipality is appointed and removed by the governor of the province, or by the chief commanding officer of the reenactment unit to which the municipality belongs according to the instructions in the constitutio.

c. If a more important regulation or appointment of non-military officers are needed, the praefectus shall request the provincial governor to issue the regulations or appointments in edictum.

d. The praefecti and other officers in the military municipality, as defined in the regula, may have the following rights and duties:

i. To govern and administer the military city community, the projects, programs, the entire civic life and all kinds of activities, according to the mission of Nova Roma;

ii. To exercise the ius coercitionis within the municipality;

iii. To maintain the local album civium and the tabularium;

iv. To ensure public order, to regulate public space and the market, to see to the maintenance of public facilities, conduct of public games, festivals and gatherings, and to administer the law;

v. To issue operational orders necessary to carry out those tasks which they are mandated by the law to engage;

vi. To request the provincial governor to appoint apparitores for the praefectus to assist with administrative and other tasks.

2. Government in vici

a. The highest ranking officers, the mayors, of a vicus shall use the title "magister vici”. Other titles may be also acceptable if their authenticity is certified by the Praetorian Law Revision Committee of Classicists and Latinists of the lex Hortensia de legibus scribundis.

b. Two magistri vici shall be elected annually by the members of the vicus. Other officers shall be elected or appointed by the magistri, as defined by the constitutio of the vicus.

c. Only the magistri vici can issue edicta to administer and govern the community, subject to collegial veto.

d. The magistri vici shall have the same duties as the mayors of the municipia, but instead of the comitia and the ordo decurionum, they can call only the general body of citizens to vote in elections, to vote on the foedus, and to vote on issues in which the magistri, at their discretion, want to hear the opinion of the vicani. The magistri may oblige themselves to obey the outcome of such votes, but legally the magistri are not bound to do that. The only source of vicus law are the magistri, and with the exception of elections and ratification or modification of the constitutio, the members of the vicus do not have to be called to vote.

e. The magistri vici and the other officers may have the following rights and duties, as specified by the constitutio which shall distribute the different areas of responsibility and different levels of power and authority for the local magistrates:

i. To govern and administer the city community, the projects, programs, the entire civic life and all kinds of activities, according to the mission of Nova Roma;

ii. To exercise the ius coercitionis, the ius intercessionis, the ius edicendi within the municipality;

iii. To maintain the local album civium and the tabularium;

iv. To ensure public order, to regulate public space and the market, to see to the maintenance of public facilities, conduct of public games, festivals and gatherings, and to administer the law;

v. To issue those edicta necessary to carry out those tasks which they are mandated by the law to engage;

vi. To call the vicani to vote and preside over their meetings;

vii. To pronounce intercessio against another local magistrate of equal or lesser authority;

viii. To appoint apparitores to assist with administrative and other tasks, as they shall see fit.

3. Government in municipia and colonies

a. The highest ranking magistrates, the mayors, of a colonia or municipium shall use the title "duumvir iure dicundo" (alternatively “duovir”, feminine “duumvira”). These offices shall be collegial magistracies composed of two members of equal power. Other titles and numbers of mayors (“quattuorvir” or “octovir” for example) and other offices may be established by the lex municipalis or lex coloniae if their authenticity is certified by the Praetorian Law Revision Committee of Classicists and Latinists of the lex Hortensia de legibus scribundis. Other communal magistrates may include, but shall not be limited, to the aediles, quaestores and the duoviri quinquennales; in more special cases meddix, dictator, censores, consules, praetores; or where quattuorviri are the mayors, the quattorviri aedilicia potestate, or where octoviri are in charge, the octoviri aedilicia potestate, octoviri fanorum, the octoviri aerarii or octoviri magistri iuventutis, for example.

b. Local magistrates of a municipium or colonia shall be elected by the comitia of the local community annually. If the lex municipii or coloniae instructs so, local magistrates may be elected by the ordo decurionum (council) or certain lower magistrates may be appointed by higher magistrates.

c. The duumviri and the other communal magistrates may have the following rights and duties, as specified by the municipal or colonial lex which shall distribute the different areas of responsibility and different levels of power and authority for the local magistrates:

i. To govern and administer the city community, the projects, programs, the entire civic life and all kinds of activities, according to the mission of Nova Roma;

ii. To exercise iurisdictio, the ius coercitionis, the ius intercessionis, the ius edicendi within the municipality;

iii. To have the honor of being preceded by two lictors (only the mayors have this right);

iv. To maintain the local album civium, the album decurionum and the tabularium;

v. To administer justice and conduct judicial procedures between members of the city community;

vi. To ensure public order, to regulate public space and the market, to see to the maintenance of public facilities, conduct of public games, festivals and gatherings, and to administer the law;

vii. To issue those edicta necessary to carry out those tasks which they are mandated by the law to engage;

viii. To call the local comitia and the ordo decurionum and preside over their meetings;

ix. To pronounce intercessio against another local magistrate of equal or lesser authority;

x. To appoint apparitores to assist with administrative and other tasks, as they shall see fit.

D. Local priesthood

Municipalities may have their own priests. The Collegium Pontificum of Nova Roma may regulate the titles, functions, duties and powers of the priests of all types of municipalities in all details that are not regulated in this lex.

1. Coloniae and municipia are authorized to establish their own priesthoods and priestly colleges. These include the local collegium pontificum or coloniale, local collegium augurum, local flamines and sacerdotes, according to the regulations of the Collegium Pontificum of Nova Roma, but no local priest shall hold the title of pontifex maximus or augur magister. These colleges and priests shall always add the label “coloniae” or “municipii” (or “coloniale”, “municipale”) as part of their titles. Appointment and removal of priests and the method thereof shall be the exclusive right of the local community.

a. The priesthoods of a colonia shall be under the supervision, guidance and disciplinary authority of the Collegium Pontificum of Nova Roma.

b. The priesthoods of a municipium shall function independently as long as they do not violate regulations determined for the entire Nova Roma by the Collegium Pontificum.

2. Other types of municipalities may appoint priests called sacerdotes (but no pontifices, augures, flamines etc.) according to the method defined in their charter. These priests shall function independently as long as they do not violate regulations determined for the entire Nova Roma by the Collegium Pontificum.

VIII. Legal precedence

A. Leges approved by the local comitia shall have precedence over decreta of the local priestly colleges, having precedence over the decreta of the ordo decurionum, which shall take a higher precedence than edicta of the local magistrates.

B. The charter and bylaws of a commune is on the same level of legal precedence as the approving legal document issued by the central government: edictum, senatus consultum or lex. Ordinary communal leges are on the same level of precedence as senatus consulta; priestly decreta and decreta decurionum are on level with the edicta of governors and central magistrates, and local edicta shall take a lower precedence than the edicta of governors and central magistrates.

C. The actions of local comitia are not subject to veto by the provincial governor or central magistrates, but decrees of the communal council and priestly colleges are subject to mutual veto, as being on the same level, between them and the governor and central magistrates in accordance with the laws of Nova Roma. The actions of local magistrates shall be subject to veto by the governor and by the central magistrates of Nova Roma unilaterally.

D. Local magistrates shall be considered under the authority of their provincial governor in terms of authority conflict, but the governor shall not interfere into the internal business of a municipality, except in case of an emergency, as determined by the governor. Such interference into internal business may be refused by a municipium which shall enjoy the highest degree of self-governance among the variants of municipality. In such a case, the governor may turn to the Senate for ruling on the situation, and the Senate can empower the governor to interfere into the internal affairs of a municipium.

E. The official decisions made within a military municipality are considered merely operational commands, they are not part of the legal code of Nova Roma, and all types of law of Nova Roma are higher in precedence than those. Only the provincial governor can create law, in form of edicta, for a military municipium.

IX. Special status of the local communities in Rome and in the future city of Nova Roma

A. A civilian local community based in the city of Rome, Italy, shall be termed praefectura instead of vicus, colonia or municipium in order to recognize Rome's glorious past, and its symbolic role as the spiritual home of all Nova Romans, our final destination if the gods allow the Roman res publica to return to Rome again.

1. The ceremonial heads of the local community of Nova Roma in Rome shall be the consuls of Nova Roma, and the magistrates of Nova Roma shall be ceremonially local magistrates of the Nova Roman community in Rome, as well. The actual mayor of the local community in Rome, a praefectus iure dicundo, shall be elected by the members of the municipality in Rome and shall be formally appointed by the consuls of Nova Roma with the title praefectus Romae administrandae.

2. If a consul, praetor, aedilis or quaestor of Nova Roma fills the actual office of mayor, they shall be termed by these central titles instead of praefectus.

3. Lower local magistrates can be elected as well, called praefecti or curatores (other titles defined in the charter of the praefectura of Rome, if certified by the Praetorian Law Revision Committee of Classicists and Latinists of the lex Hortensia), to administer various partial aspects of Nova Roman civic life in Rome, and vicomagistri may be elected by inhabitants of certain districts, to head those districts of Rome.

4. If the Nova Roman municipality in Rome reaches the required size of a colonia or municipium, local comitia shall be called comitia urbana praefecturae Romae. A local lex in Rome shall be termed lex urbana.

5. Local decrees of Rome shall be made by the ordo decurionum which shall be composed of the praefecti, curatores and vicomagistri.

6. Local priests shall be termed as pontifex urbanus, flamen urbanus, augur urbanus etc.

B. When the city of Nova Roma, our capital, shall have been founded, the Comitia, the Senate, the priestly colleges and central magistrates of Nova Roma shall be the local government of the city of Nova Roma, as well, given that Nova Roma is a city state, and in case of their absence, praefecti and curatores can be appointed by them to represent them at home.

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LXXIII: Lex Didia Gemina de potestate tribunicia

I. IVS SENATVS CONVOCANDI (The Right of Convoking the Senate)

Any Tribunus Plebis may call the Senate to order as set forth in the Constitutio, article IV. VII. D. I, and therefore follows the rules governing internal procedures of the Senatus as article V. F of the Constitution states.

II. IVS AUXILI FERENDI (The Right of Bringing Assistance)

A. Since the Ius Auxili Ferendi is a fundamental prerogative of a Tribunus Plebis as set forth in IV. 7. A of our Constitutio, in order for an act of intercessio to be valid the following procedure must be followed whether it is requested by a citizen or performed in his official capacity.

1. When a Tribunus Plebis issues an intercessio, it must include the following elements in a reasoned exposition in which the Tribunus shall note whether the auxilium was requested or ex-officio:

a. The name of the citizens who have requested auxilium; or if the tribunus plebis acted on his own initiative, ex-officio.

b. The name and office of the magistrate against whose act or acts the intercessio or auxilium has been interposed; or an exact reference to the edictum, decretum, motion (rogatio, draft senatus consultum etc.) which is being vetoed.

c. The articles of the law the letter or spirit of which is violated, according to the interpretation of the interceding tribunus plebis, by the magistrate’s act or the by the edictum, decretum, motion (rogatio, draft senatus consultum etc.) which is being vetoed; or a clarification what rights and interests of the plebs, a plebeian citizen, any citizens, or what part or aspect of the mission and function of Nova Roma would be violated by the action or law that is being vetoed.

d. An explanation by the tribunus plebis why and how the vetoed action or law would violate, in his or her interpretation, the letter or spirit of the referenced law at II.A.1.c, or why and how the rights and interests of the plebs, a plebeian citizen, any citizens, or the mission and function of Nova Roma would be violated by the action or law that is being vetoed.

2. If the intercessio of a Tribunus Plebis does not include these four elements, the intercessio shall be invalid. The time constraints of the Lex Labiena de Intercessione shall continue to hold such that, if a new intercessio is not issued before the seventy-two hour limit, counted from the act(s) which occasioned the original intercessio, the Tribunus Plebis shall issue no new intercessio pertaining to that act or those acts.

3. When a Tribunus Plebis shall issue an intercessio or provide auxilium, the procedures for ratification or voiding by the other Tribuni Plebis specified in the Lex Labiena de Intercessione shall be followed. There shall be no requirement that a Tribunus Plebis issue any statement on the matter at hand except agreement or disagreement with the original intercessio/auxilium.

B. When administering the law in accordance with Article IV. A. 7. d. iii of the Constitution, a Tribunus Plebis must adjudicate in accordance with current law and the iurisprudentia established by the Praetor and serve the interests of the Plebs and the citizens of Nova Roma.

C. Resolving Disputes Among the Plebs.

A Tribunus Plebis shall arbitrate disputes between plebeian citizens if the parties involved so agree. If any party shall refuse to agree to such arbitration, the Tribunus Plebis shall refer the matter to the Praetor for adjudication under the Lex Salicia Iudiciaria. If the parties agree to arbitration by a Tribunus Plebis, they shall accept the decision of the Tribunus and may not seek further relief under the Lex Salicia Iudiciaria. The Tribunus Plebis who shall arbitrate the dispute will be chosen by an agreement of the parties. If there is no agreement, the oldest Tribunus Plebis will arbitrate the dispute.

III. TRIBUNICIA POTESTAS (Tribunician Power)

The office of Tribunus Plebis is Sacred in the Republic and endowed on this account with the following powers:

A. Summa Coercendi Potestas.

Any citizen or magistrate who interferes with the official action(s) of a Tribunus Plebis shall be fined by that Tribunus with a multa pecuniaria of no more than thirty U.S. dollars ($30.00), paid to the treasury of Nova Roma and devoted to Ceres. Such a penalty cannot be suspended or revoked except by intercessio of another Tribunus Plebis, or a Praetorian appraisal which should permit the fined citizen further recourse at law under the Lex Salicia Iudiciaria. The right of provocatio will be respected as Article II. B. 5 of the constitution states.

B. Potestas Sacrosancta.

Any citizen or magistrate who shall do violence to a Tribunus Plebis in the course of his official duties or refuse to abide by a legal exercise of intercessio shall be brought before the Praetores and judged in accordance with the Lex Salicia Iudiciaria. The severity of the poena shall be determined in the Praetor's formula in accordance with the severity of the offence. The trial for this offence should be completed within sixty days of submission of the petitio actionis to the Praetor by the Tribunus Plebis, respecting Praetor's use of his discretion on dates. Completion of the term of office of the actor Tribunus Plebis shall not affect trial for an offence for which a petitio actionis has been filed prior to the completion of that Tribunus Plebis' term.

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LXXIV: Lex Moravia de suffragiis in comitiis plebis tributis et ratione comitiorum plebis tributorum

I. ((Repeal))

The Lex Salicia de suffragiis in comitiis plebis tributis is hereby repealed.

II. ((Repeal))

The Lex Labiena de ratione comitiorum plebis tributorum is hereby repealed.

III. ((Conflict with previous leges))

Any other previously enacted Leges and Edicta concerning voting in the Comitia Plebis Tributa are considered valid where the contents of those Leges and Edicta do not conflict with the LEX MORAVIA DE SVFFRAGIIS IN COMITIIS PLEBIS TRIBVTIS ET RATIONE COMITIORVM PLEBIS TRIBVTORVM. Where they are in conflict, the LEX MORAVIA DE SVFFRAGIIS IN COMITIIS PLEBIS TRIBVTIS ET RATIONE COMITIORVM PLEBIS TRIBVTORVM shall supersede.

IV. Calling the Comitia to Order

As described in the Constitution, a Tribunis Plebis may call the Comitia Plebis Tributa to order, to hold a vote on a plebiscite or plebiscites, or to hold an election. The magistrate who calls the Comitia to order shall be referred to herein as the presiding magistrate.

A. The Comitia Plebis Tributa shall be called to order by making a public announcement in those public fora which shall have been designated for such purposes. The announcement must include:

1. The names of candidates for office and the office for which they are running (when the Comitia Plebis Tributa are being called for magisterial elections).

2. Date of Citizenship of each candidate.

3. The full text of any plebiscite(s) which will be voted on (when the Comitia Plebis Tributa is being called to vote on legislation).

4. In the case of a trial, the name of the accused, and the charges and specifications of which they are accused.

5. The dates on which the contio shall begin and end, and the dates on which the members of the Comitia Plebis Tributa shall begin and end voting.

6. The dates appropriate for voting according to the guidelines set by the Collegium Pontificum.

7. Special instructions that are relevant to the mechanics of the vote, if any.

B. In the case of a magisterial election, the presiding magistrate shall have the responsibility for taking all reasonable precautions to ensure that the candidates meet all candidacy requirements as established by law. The Censores shall assist in such efforts as to the best of their ability.

V. Timing of the Vote

A. (Sub-section repealed by the Lex Arminia de Ratione Comitiorum Plebis Tributorum) Before calling the Comitia Plebis Tributa to order, the presiding magistrate shall request of the Collegium Augurum that the auspices be taken to ensure that the contio and voting dates are auspicious. This shall be done approximately five (5) days before the presiding magistrate plans on calling the Comitia Plebis Tributa to order. This request shall include:

1. In the case of legislation, the full text of the proposed plebiscite(s) to be voted on.

2. In the case of a magisterial election, the full names of the candidates and the offices for which they are running.

3. In the case of a trial, the name of the accused, and the charges and specifications of which he or she is accused.

4. The proposed dates of the contio and the voting.

B. (Sub-section repealed by the Lex Arminia de Ratione Comitiorum Plebis Tributorum) Should the auspices be favourable, the presiding magistrate shall call the Comitia Plebis Tributa to order.

C. (Sub-section repealed by the Lex Arminia de Ratione Comitiorum Plebis Tributorum) Should the auspices be found unfavourable, the presiding magistrate shall choose new dates and shall request of the Collegium Augurum that the auspices be retaken (including the items mentioned in V.A.1, 2, 3 & 4 above).

D. The announcement containing the call to vote shall be issued a minimum of 72 hours (3 days) prior to the start of the vote. This period shall be known as the Contio, and shall be used for formal discussion of the issues and/or candidates on which the citizens of the Comitia Plebis Tributa shall vote.

In the event that, in an election for a magisterial office, there are not enough candidates elected to fill all vacancies in that office, the presiding magistrate may call for a follow-up election among those same candidates who failed to obtain that office in the previous election. For these follow-up elections, the 120-hour (5-day) requirement for the length of the Contio shall be shortened to twenty-four (24) hours.

E. During the Contio, those Constitutionally empowered to do so may exercise their powers of intercessio, nuntiatio or obnuntiatio.

Intercessio may be exercised against either the entire election or vote, or against one or more individual items on the ballot. If there are any items on the ballot that have not been subjected to intercessio, voting on them shall proceed normally. The removal of an item from the ballot due to intercessio shall not prevent that item from being placed upon the ballot for a vote at a later time.

F. The period between the start and end of the voting in a magisterial election or on plebiscite(s) must last a minimum of 120 hours (5 days).

G. In the case of a vote on the guilt or innocence of an accused citizen tried before the Comitia Plebis Tributa, the period between the start and end of the voting must last no less than 192 hours (8 days).

H. No citizen who is registered as a patrician by the Censors shall be permitted to cast a vote in the Comita Plebis Tributa.

I. The ability to vote during the voting period may be impacted and/or suspended due to calendrical issues as enacted by decreta of the Collegium Pontificum. The presiding magistrate shall then by decree extend or move the original start and ending times of the contio and/or voting times.

J. The diribitores shall tally the vote and shall deliver the results to the presiding magistrate within forty-eight (48) hours of the close of the voting period.

K. The presiding magistrate shall announce the results of the vote within forty-eight (48) hours of receiving the results from the diribitores, in at least the same venues as the original announcement calling the vote was published.

VI. Voting Procedures for Magisterial Elections

A. The Censors shall issue to each citizen a unique voter identification code. This code shall be used to maintain anonymity in the voting process, and to minimize the possibility of vote fraud. In a timely fashion prior to the vote, the Censors shall make available to the diribitores a list of valid voter identification codes and the tribes with which they are associated. The diribitores shall not have access to the names of the citizens associated with particular voter identification codes.

B. In consultation with the diribitores, the magister aranearius shall make available a cista, a secure web-based form, to allow citizens to vote directly through the official Nova Roma web site. This form shall record the voter identification code and desired vote(s) of the individual. The information thus collected will either be forwarded to the diribitores as it is gathered, or at the end of the process, at their discretion. Alternative methods of voting may be enacted by other legislation as required.

C. Each voter shall be given opportunity to cast his or her vote in the following manner:

1. The ballot shall consist of a listing of the candidates for office listed in alphabetical order based on the candidates' nomina, praenomina, and, where applicable, cognomina and agnomina. The list shall be placed on the ballot in a single column.

2. Beside the name of each candidate the voter shall be able to mark his or her approval of the candidate.

3. A voter may vote for the number of candidates equal to the number of vacant positions. A voter may choose to vote for only some of the candidates or none of the candidates.

4. There shall be an area on the ballot for a write-in candidate should the voter wish to cast a vote for a candidate not listed on the ballot.

5. There shall be an area on the ballot for an abstention, should the voter wish to waive their right to cast any votes for a given magistracy.

6. Once cast, no vote can be altered, even with the correct voter identification code. Should a voter cast subsequent ballots with the same voter identification code, only the first ballot shall be counted and all subsequent ballots shall be considered null and void.

D. Procedures for counting votes.

1. Votes shall be according to tribes.

2. Each tribe shall cast the number of votes equal to the number of vacancies available for a given office. The vote of the tribe shall be counted as the candidates who receive the highest amount of votes equal to the number of vacancies within that tribe.

3. The candidates equal to the number of vacancies who receive the highest amount of tribal votes shall be declared elected.

4. Should there not be enough candidates to fill all of the vacancies, a new election shall be called within thirty (30) days from the end of the current election following the procedures stated in V. above.

5. Ties within the tribe shall be resolved as follows:

a. The tied candidates shall have their ties resolved by awarding the tied tribe to the candidate(s) that received the most votes of the Tribes in total.

b. If the above does not settle the tie then the custodes are instructed to cast lots in a manner that gives each tied candidate equal odds of winning the tie.

c. Should a tie occur between candidates in excess of the number of vacancies the ties shall be resolved in the same manner as stated above (VI. D. 2. i. and VI. d. 2. ii)

VII. Voting Procedures for Plebiscites

A. The Censors shall issue to each citizen a unique voter identification code. This code is to be used to maintain anonymity in the voting process, and to minimize the possibility of vote fraud. In a timely fashion prior to the vote, the Censors shall make available to the diribitores a list of valid voter identification codes and the tribes with which they are associated. The diribitores shall not have access to the names of the citizens associated with particular voter identification codes.

B. In consultation with the diribitores, the magister aranearius shall make available a cista, a secure web-based form, to allow citizens to vote directly through the official Nova Roma web site. This form shall record the voter identification code and desired vote(s) of the individual. The information thus collected will either be forwarded to the diribitores as it is gathered, or at the end of the process, at their discretion. Alternative methods of voting may be enacted by other legislation as required.

C. The ballot shall be constructed as follows:

1. The full text of the plebiscite(s) shall appear on the ballot.

2. Beside the title of each plebiscite, the voter shall be able to mark his or her approval of the plebiscite.

3. There shall be an area on the ballot for an abstention, should the voter wish to waive their right to cast a vote for a given plebiscite(s).

4. Once cast, no vote can be altered, even with the correct voter identification code. Should a voter cast subsequent ballots with the same voter identification code, only the first ballot shall be counted and all subsequent ballots shall be considered null and void.

D. Procedures for counting votes.

1. Votes shall be counted according to tribes.

2. Should a majority of the votes within a tribe approve of the plebiscite(s) that tribe shall cast one vote of approval for that plebiscite(s).

3. Should a majority of the votes within a tribe disapprove the plebiscite(s) or a tie occur within that tribe, that tribe shall cast one vote of disapproval for that plebiscite(s).

E. (Sub-section repealed by the Lex Arminia de Suffragiis in Comitiis Tributis) In order for a plebiscite to be enacted as law the plebiscite must receive approval of no fewer than 18 of the 35 tribes.

VIII. Voting Procedures in the case of a Trial

A. The Censors shall issue to each citizen a unique voter identification code. This code is to be used to maintain anonymity in the voting process, and to minimize the possibility of vote fraud. In a timely fashion prior to the vote, the Censors shall make available to the diribitores a list of valid voter identification codes and the tribes with which they are associated. The diribitores shall not have access to the names of the citizens associated with particular voter identification codes.

B. In consultation with the diribitores, the magister aranearius shall make available a cista, a secure web-based form, to allow citizens to vote directly through the official Nova Roma web site. This form shall record the voter identification number and desired vote(s) of the individual. The information thus collected will either be forwarded to the diribitores as it is gathered, or at the end of the process, at their discretion. Alternative methods of voting may be enacted by other legislation as required

C. The ballot shall be constructed as follows:

1. The name of the accused, and the charges and specifications of which he or she is accused.

2. There shall be an area on the ballot where each voter shall have the option to vote "absolvo" (absolve, innocent), or "condemno" (condemn, guilty).

3. There shall be an area on the ballot for an abstention, should the voter wish to waive his or her right to vote on the accused's guilt or innocence.

4. Once cast, no vote can be altered, even with the correct voter identification code. Should a voter cast subsequent ballots with the same voter identification code, only the first ballot shall be counted and all subsequent ballots shall be considered null and void.

D. Procedures for counting votes.

1. Votes shall be counted according to tribes.

2. In the case of a vote on the guilt or innocence of a citizen tried before the Comitia Plebis Tributa, each tribe shall vote for conviction if a majority of the votes received from members of that tribe are marked condemno. Ties within a tribe will result in that tribe voting for acquittal.

E. (Sub-section repealed by the Lex Arminia de Suffragiis in Comitiis Tributis) In order for a citizen to be convicted, no fewer than 18 of the 35 tribes shall vote 'condemno'.

IX. ((Mechanical counting))

Votes may be tallied by automated means should the diribitores determine such is preferable to, and at least as accurate as, a manual count.

X. ((Order of business))

On a ballot that has a mixture of magisterial elections, plebiscite(s), and/or a trial, the listing of candidates and the respective offices shall be placed first on the ballot, followed by the plebiscite(s), and/or the details of the trial respectively.

XI. ((Reporting))

Only the aggregate votes of the tribes shall be delivered to the presiding magistrate; the votes of individual citizens shall be secret.

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LXXV: Lex Moravia de renuntiatione senatus actorum

I. Procedures for Reporting the Senate's Call to Order.

A. The reporting Tribune shall publish the agenda of the Senate's meeting in the Forum romanum and the Comitia Plebis Tributa forum/-a (1) within 72 hours of the presiding magistrate's call to order of the Senate.

B. Within this announcement to the people, the Tribune shall include:

1. The date that the Senate has been called to order as well as the date when voting shall begin and the date when voting shall end.

2. A summary of the items on the Senate's agenda which shall be discussed and voted on.

3. Any additional comments that the reporting Tribune feels are necessary for the people's better understanding of the agenda.

4. If the Senate will be voting on an item which is of a confidential nature (for example, the dismissal of a citizen) for the protection of the citizen(s) in question, the reporting Tribune should confer with the Senate as to what details of the vote should be reported to the citizens.

II. Procedures for Reporting the Results of the Senate's Meetings

A. The reporting Tribune shall report the results of the Senate meeting in the Forum romanum and the Comitia Plebis Tributa forum/-a (1) within 168 hours (7 days) of the close of voting of the Senate.

B. Within the report to the people, the Tribune shall include:

1. The date that the Senate was called to order as well as the date that voting began and the date that voting ended.

2. A list of the full names and initials of all Senators who voted.

3. The full name of the Senators who were empowered by fellow Senators to present his/her vote by proxy.

4. The full name of the Senators who did not vote.

5. The number of yes ('uti rogas') votes necessary in order for an agenda item to be passed.

6. For each agenda item, the reporting Tribune shall include:

• a. The full text of the agenda item.
• b. Whether or not the agenda item was passed.
• c. The initials of all voting Senators accompanied by their vote and comments (if any).
• d. Any additional comments that the reporting Tribune feels are necessary for the people's better understanding of the report.
• e. If the Senate has voted on an item which is of a confidential nature (for example the dismissal of a citizen) for the protection of the citizen(s) in question the reporting Tribune should confer with the Senate as to what details of the discussion/comments/voting should be reported to the citizens.

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LXXVI: Lex Fabia de ratione comitiorum populi tributorum

I. All previous laws relating to the Comitia Populi Tributa are hereby rescinded as they apply to the election of magistrates and the voting of leges by the Comitia Populi Tributa. This Lex Fabia de Ratione Comitiorum Populi Tributorum is hereby enacted to define the procedures by which the Comitia Populi shall conduct the business of electing magistrates, voting on leges, and voting to convict or acquit citizens brought to trial before the Comitia Populi Tributa.

II. Calling the Comitia to Order. Either a Consul or Praetor may, as described in the Constitution, call the Comitia to order to hold a vote on a lex or leges, to hold an election, or to conduct a trial. The magistrate who calls the Comitia to order shall be referred to herein as the presiding magistrate.

A. This shall be done by making a public announcement announcing the call in those public fora which shall have been designated for such purpose, in which must be included:

1. The names of candidates for office and the office for which they are running (when the Comitia is being called for an election);

2. Date of Citizenship of each candidate;

3. The full text of any leges which are being voted on (when the Comitia are being called to legislate);

4. The dates when the members of the Comitia shall begin and finish voting.

5. Any special instructions that pertain to the mechanics of the vote.

6. In the case of a trial, the name of the accused, and the charges and specifications of which he or she is accused.

B. The presiding magistrate shall have the responsibility for taking all reasonable precautions to ensure that candidates for a vote hold whatever qualifications are required by law. The Censors shall assist in such efforts as to the best of their ability.

III. Timing of the vote.

A. The edictum containing the call to vote must be issued at least 120 hours (5 days) prior to the start of the vote. This period shall be known as the Contio, and shall be used for formal discussion of the issues and/or candidates before the People for a vote.

1. In the event that, in an election for a magisterial office, there are not enough candidates elected to fill all vacancies in that office, the presiding magistrate may call for a follow-up election among those same candidates who failed to obtain that office in the previous election. For these follow-up elections, the 120-hour (5-day) requirement for the length of the Contio (official discussion period) shall be shortened to 24 hours.

B. During the Contio, the following conditions shall apply:

1. Those constitutionally empowered to do so may exercise their powers of intercessio or nuntiatio.

a. Intercessio may be exercised against either the entire election or vote, or against one or more individual items on the ballot. If there are any items on the ballot that have not been subjected to intercessio, voting on them shall proceed normally. The removal of an item from the ballot due to intercessio shall not prevent that item from being placed upon the ballot for a different vote at a later time.

b. The exercise of nuntiatio shall extend the Contio, postponing the starting and ending dates of the voting period by twenty-four (24) hours, during which time nuntiatio may again be exercised.

c. Should the exercise of nuntiatio cause the voting period to move such that it conflicts with calendrical restrictions as defined by the Collegium Pontificum, the presiding magistrate may change or extend the dates of the vote and/or contio at his discretion.

2. A member of the Collegium Augurum shall be invited by the presiding magistrate to seek favorable auspices for the conduct of the vote, subject to those rules and regulations the Collegium Augurum shall set forth by decreta, by selecting by lot the presidium (the first tribe to be counted) and ruling whether or not the lot is auspicious. The selection of Suburana shall always be regarded as inauspicious. Should the presiding magistrate himself be a member of the Collegium Augurum, he may take the auspices for the vote himself.

C. In the case of a vote on a lex, the period between the start and end of the voting must last no less than 120 hours (5 days).

D. In the case of a vote on the guilt or innocence of an accused citizen tried before the Comitia Populi Tributa, the period between the start and end of the voting must last no less than 192 hours (8 days).

E. The ability to vote during the voting period may be impacted and/or suspended due to calendrical issues as enacted by decreta of the Collegium Pontificum.

F. The diribitores shall tally the vote and shall deliver the results to the presiding magistrate within 48 hours of the close of the voting period.

G. The presiding magistrate shall announce the results of the vote within 24 hours of receiving the results from the diribitores, in at least the same venues as the original announcement calling the vote was published.

IV. Voting procedures.

A. The censors shall issue to each citizen a unique voter identification code. This code shall be used to maintain anonymity in the voting process, and to minimize the possibility of vote fraud. In a timely fashion prior to the vote, the censors shall make available to the diribitores a list of valid voter identification codes and the centuries and/or tribes with which they are associated. The diribitores shall not have access to the names of the citizens associated with particular voter identification codes.

B. In consultation with the diribitores, the magister aranearius shall make available a cista, a secure web-based form, to allow citizens to vote directly through the official Nova Roma web site. This form shall record the voter identification number and desired vote(s) of the individual. The information thus collected will either be forwarded to the diribitores as it is gathered, or at the end of the process, at their discretion. Alternative methods of voting may be enacted by other legislation as required.

C. For each candidate in the case in the case of a magisterial election, each voter shall have the option to mark the candidate 'yes (uti rogas)' or to leave the candidate unmarked; 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'. For each proposed law in the case of legislation, each voter shall have the option of voting 'yes (uti rogas)' or 'no (antiquo)'. In the case of a trial, each voter shall have the option of voting "absolvo" (absolve, innocent), or "condemno" (condemn, guilty). Once cast, no vote may be altered, even with the correct voter identification code. Should multiple votes be registered with the same voter identification code, only the first one recorded shall be used when tallying the vote.

V. Procedures for counting votes.

A. Votes shall be counted by tribes.

1. In the case of a magisterial election, the votes of each tribe shall be calculated as follows. For each tribe, the candidates shall be ordered by the number of 'yes' votes they receive from voters in that tribe, the candidate who receives most 'yes' votes (ties being decided by lot) being numbered 1, and so on in descending order. If any candidates have no 'yes' votes from voters in that tribe, those candidates shall not be listed. Any tribe containing no 'yes' votes is 'void'.

2. In the case of a vote on a lex, each tribe shall vote in favor of the lex if a majority of the votes received by members of the tribe are in favor. Otherwise, the tribe shall be considered to have voted against the proposed lex. Ties shall be decided by lot.

3. In the case of a vote on the guilt or innocence of a citizen tried before the Comitia Populi Tributa, each tribe shall vote for conviction if a majority of the votes received from members of that tribe are marked condemno. Ties within a tribe will result in that century voting to acquit.

4. The custodes may decide how such decisions by lot shall be made in a fair manner. In the case of trials, no decisions will be made by lot.

B. The results of the tribes shall be counted sequentially, as follows.

1. The votes of all the tribes are compared, beginning with the presidium (as selected under II.B.2) and rotating through the rest of the tribes in their standard order.

2. The standard order of the tribes is: Suburana, Esquilina, Collina, Palatina, Romilia, Scaptia, Stellatina, Teretina, Voturia, Sergia, Tromentina, Oufetina, Fabia, Clustuminia, Lemonia, Horatia, Quirina, Cornelia, Sabatina, Aemilia, Aniensis, Falerna, Camillia, Galeria, Pomptina, Claudia, Velina, Menenia, Papiria, Votinia, Poblilia, Pollia, Maecia, Pupinia, Arnensis. So if, for exmple, the presidium is Pupinia, the next tribe will be Arnensis, the next Suburana, and so on.

3. In the case of a magisterial election, results are calculated as follows.

a. As soon as 18 (or, if any tribes are 'void', more than half the remaining tribes) tribes with the same first (number one) preference have been counted, that candidate is immediately elected. If no candidate is the first preference of a majority of the tribes, the candidate who is the first choice of fewest tribes (ties being decided by lot) is eliminated. The election or elimination of a candidate ends the first round.

b. If there are still vacancies to be filled, there is a second round in each tribe which voted for the elected or eliminated candidate as its first choice is given to its second choice candidate. If any tribe has no second choice, it becomes 'void'. The tribes are now compared again in the same order. As before, as soon as a majority of tribes (not including 'void' tribes) have been counted voting for the same candidate, that candidate is elected. If no candidate has a majority, the candidate with the fewest tribes is eliminated. This concludes the second round.

c. If there are still vacancies to be filled, each tribe held by the candidate who was elected or eliminated in the previous round is given to its second choice candidate or, if that candidate has been elected or eliminated, to its third choice candidate. Any tribe having no candidate as its next choice becomes 'void'. The tribes are counted again, in the same order, and any candidate who now has a majority of tribes (not including 'void' tribes) is elected; if no candidate has a majority then the candidate with the fewest tribes is eliminated, ending the third round.

d. This procedure is repeated until all the vacancies are filled.

e. If at the end of any round the number of candidates is equal to the number of vacancies and all the candidates have the same number of tribes, the tie is decided by lot, but rather than eliminate the loser, the winner is elected, and the round ends.

2. In the case of a vote on a lex, the tribes shall be counted in order, and as soon as a simple majority of the tribes casting votes have voted in favour, the lex is passed; if a majority votes against, the lex fails.

3. In the case of a trial, the tribes shall be counted in order, and as soon as 18 tribes have voted to condemn, the reus is convicted; if 18 or more tribes vote to absolve, the reus is absolved.

4. In the case of a magisterial elections, a "majority" is defined as "one half of the number of tribes (not including 'void' tribes) plus one, fractions being rounded down".

5. In the case of a vote on a lex, a "simple majority" is hereby defined as "one half of the number of tribes casting votes, plus one, fractions being rounded down". A tribe in which no voters cast votes shall not be counted toward this total.

6. In the case of a trial before the Comitia Populi Tributa, a "majority" is defined as 18 or more tribes. Tribes in which no votes are cast shall be counted as voting for acquittal.

C. Votes may be tallied by automated means should the diribitores determine such is preferable to, and at least as accurate as, a manual count.

D. Only the aggregate votes of the tribes shall be delivered to the presiding magistrate; the votes of individual citizens shall be secret.

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LXXVII: Lex Fabia centuriata

In accordance with paragraph II. E. 2. of the Constitution of Nova Roma, the Lex Fabia Centuriata is hereby enacted to instruct the Censors in the matter of the division of the voting citizenry of Nova Roma into their respective centuries. This Lex Fabia replaces the item II. B of the Lex Vedia Centuriata, enacted in 30 Jul. 2752. The Lex Iunia Centuriata, approved in 22 Dec. 2752, is hereby rescinded.

Item II. B shall be read as follows: II. B. The record of public service of each citizen shall be quantified according to the following rules. (Except for points awarded for term of citizenship, points shall be awarded cumulatively, but shall not carry over from year to year).

Century points will be recalculated for all citizens. Points will be awarded for all relevant events in each citizen's records based upon the values established in this lex. The law will take effect on the 1st of January 2757 AUC

II.B.1. MAGISTRATVS ORDINARII If a magistrate only serves part of his term as a suffectus or resigns his/her office while in office, Past Service points will be awarded partially. This will be based on two-month increments rounding down. Current Service points will be awarded for the period remaining, also based on two-month increments rounding down.

Censor: 30 CP 15 CP (past service)

Consul: 30 CP 15 CP (past service)

Praetor and Tribunus Plebis: 20 CP 10 CP (past service)

Aedilis Curulis 14 CP 7 CP (past service)

Aedilis Plebis: 12 CP 6 CP (past service)

Quaestor and Vigintisexvir: 10 CP 5 CP (past service)

II.B.2. MAGISTRATVS EXTRAORDINARII

Dictator: 30 CP 15 CP (past service)

Interrex: 6 CP 3 CP (past service)

II.B.3. APPARITORES Citizens may hold more than one position in a magistrate's staff, but get points for the highest one only.

Accensus: 5 CP 2 CP (past service)

Scriba: 5 CP 2 CP (past service)

II.B.4. PROVINCIAL POSITIONS Citizens may hold more than one provincial position, but get points for the highest one only. The ranks and titles of officials included in each rank are defined by each governor. The LEX VEDIA PROVINCIALIS (now a part of the Constitution) was "enacted to enable governors and the Senate more flexibility in establishing and maintaining the administrative institutions and mechanisms of provinciae." The main idea of this part of this law is also founded on flexibility. No limit is set for each rank of officials, except for the first rank officials.

Governor: 20 CP 10 CP (past service)

1st rank Official (one per provincia): 8 CP 4 CP (past service)

2nd rank Official: 6 CP 3 CP (past service)

3rd rank Official: 4 CP 2 CP (past service)

4th rank Official: 2 CP 1 CP (past service)

Provincial Sacerdos: 14 CP

II.B.5. SACERDOTES

Pontifex Maximus, Rex/Regina Sacrorum, Flamen Maior, Vestal Maxima: 30 CP

Pontifex, Flamen Minor, Augur, Vestal: 20 CP

Other Sacerdotes: 20 CP

II.B.6. OTHER POSITIONS

Senator: 20 CP

Pater Patriae: 10 CP

The Senate shall have the authority to issue points for special appointed positions, as well as rewards for special services performed on behalf of the State. Such rewards must be announced at the time of the appointment, and may not be awarded retroactively.

II.B.7. SODALITATES POSITIONS (officially sanctioned sodalitates only) Citizens may hold more than one sodalitas position, but get points for the highest one only. The positions and titles of officials included in each rank are defined by each Head.

Head of a Sodalitas 10 CP

Person of High Authority: 6 CP

Person of Minor Authority: 3 CP

II.B.8. ORDINES AND CANDIDATURES

Ordines: Ordo Patricius - 10 CP Ordo Plebeius - 5 CP Ordo Equester - 7 CP, which is in addition to those already awarded for membership in the Patrician or Plebeian orders.

Length of citizenship: Less than 6 months - 2 CP More than 6 months - 5 CP More than 12 months - 10 CP Each year after 1 year - + 10 CP (up to 50)

Unsuccesssfully run for office: 2 CP

It is not possible to accumulate century points by unsuccessfully running for more than one office per year.

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LXXVIII: Lex Labiena de nominibus mutandis

I. Section IV.4 of Lex Cornelia et Maria de Mutandis Nominibus is hereby amended to read:

The gender of the name is to be consistent; each part is to agree with all others in gender.

II. All subsections under section IV.4 of Lex Cornelia et Maria de Mutandis Nominibus are hereby repealed.

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LXXIX: Lex Labiena de civium iure

Article II.B.6 of the Constitution of Nova Roma is hereby amended to read: