This Lex was repealed by lex Popillia senatoria, Kal. Ian. MMDCCLIX (01 Jan. 2006)

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VIII: Lex Vedia tributaria

Enacted by Dictator Flavius Vedius Germanicus's edictum, a.d. III Kal. Sext. MMDCCLII (30 July 1999),
and duly validated by senatus consultum, pridie Idus MMDCCLII, by 7x1 (12 Aug. 1999).

The Lex Equitia de Vigintisexviris of 2757 transferred the election-related duties formerly assigned to the rogatores and distributed them between the diribitores and the custodes; now the rogatores are registrars of new citizens working in conjunction with the censor(es). In accordance with this law and praetorian edictum, the title rogator originally in this law has been replaced with that of diribitor.

A. Tullia Scholastica, scriba praetoris et magistri araneari, 2758.

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XXVI: Lex Vedia de civitatis petitionibus per suffragia

I. No applications for Citizenship are to be processed or approved while one or more of the Comitia is in the process of undertaking a vote and/or election. Such applications may be accepted and held until the end of the election and/or vote in question, whereupon they are to be processed with all due diligence and speed, subject to all other laws which may otherwise apply to the process.

II. During the time when applications for citizenship are not processed as described under this law, the magister aranearius shall post an announcement where individuals completing the application for citizenship may reasonably be expected to see it, explaining the situation and giving a reasonable estimate of when the prospective citizens may expect to have their applications processed.

[In accordance with the Lex Equitia de Vigintisexviris of 2757 and praetorian edictum, the title "curator araneum" has been replaced by the more correct "magister aranearius." A. Tullia Scholastica, scriba praetoris et magistri araneari, 2758].

Passed by Comitia Populi Tributa, Yes: 31; No: 1; Tied: 1

03 February MMDCCLIV

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XXVII: Lex Vedia altera de ratione edictorum

The last sentence of paragraph I. of the Lex Vedia de Ratione Edictium is hereby amended to read as follows:

Such edicta shall be posted in the Tabularium by the Curator Araneum as soon as practical.

Passed by Comitia Populi Tributa, Yes: 31; No: 1; Abstain: 1

03 February MMDCCLIV

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XXVIII: Lex Vedia de cursu honorum

In accordance with paragraph IV. of the Constitution of Nova Roma, this Lex Vedia de Cursu Honorum is hereby enacted to establish qualifications for holding magistracies. These qualifications are intended to bring Nova Roma closer in line with the ancient Cursus Honorum.

I. No individual may assume the office of Censor, Consul, or Praetor, who has not previously completed at least six months of a term as one of the ordinarii (not including the Apparitores) or as provincial governor. Such individuals may run for office prior to completion of this requirement, but must complete it prior to actually assuming the office itself. Individuals who resign their positions prior to the normal end of their term in office may not use that term to satisfy this requirement, regardless of how much time they spent in office.

II. No individual may assume the office of one of the ordinarii who has not been a registered citizen in good standing for at least six months. Such individuals may run for office prior to completion of this requirement, but must complete it prior to actually assuming the office itself.

Passed by Comitia Populi Tributa, Yes-18 tribes; No-9; Tied-5

26 February MMDCCLIV

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XXIX: Lex Vedia de ratione comitiorum populi tributorum

This lex is no longer valid : it was superseded by Lex Vedia de Ratione Comitiorum Populi Tributorum, MMDCCLIV.

[In accordance with the Lex Equitia de Vigintisexviris and praetorian edictum, the title "rogatores" here and elsewhere has been changed to those of "diribitores and custodes", who are now the election officials; the rogatores now assist the censores in registering new citizens. Since the censores do not deal with tallying votes or certifying elections {the duties of the diribitores and custodes respectively}, the phrase "with the assistance of the censors" has been removed].

The term 'trinundium,' which is a nonexistent word, has been replaced with 'contio,' which bears the intended meaning. It is unlikely that "trium nundinum," a genitive plural denoting a 24-day span, was intended. A. Tullia Scholastica, Latinista, Scriba praetoris et magistri aranei.

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XXX: Lex Labiena de iure edicendi vigintisexvirorum

I. Pursuant to section IV.A.8 of the Constitution, which allows the Vigintisexviri to be defined and assigned functions by law, it is recognized that it is constitutional and lawful to assign to these magistrates those powers that are reasonable and necessary to perform those functions.

II. Therefore, the Vigintisexviri are hereby given the power to issue edicta, subject to the following restrictions.

A. Edicta issued by a member of the Vigintisexviri shall reasonably and demonstrably fall under the purview of the specific functions assigned to that member of the Vigintisexviri by law.

B. All edicta issued by a member of the Vigintisexviri shall be subject in all ways to the laws that regulate edicta issued by other magistrates.

C. Members of the Vigintisexviri are advised that not all actions they take must be announced by edicta. It is strongly suggested that the use of edicta be restricted to those actions that require some force of law, such as long-term policies.

Passed by Comitia Populi Tributa, Yes-30; No-0; Tied-2; Abstain-1

07 April MMDCCLIV

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XXXI: Lex Labiena de ratione comitiorum plebis tributorum

I. The Lex Vedia de Ratione Eligium and Lex Vedia de Ratione Comitiorum Plebis Tributorum are hereby rescinded as they apply to the election of magistrates and the voting of leges by the Comitia Plebis Tributa. This Lex Labiena de Ratione Comitiorum Plebis Tributorum is hereby enacted to define the procedures by which the Comitia Plebis Tributa shall conduct the business of electing magistrates and voting on leges.

II. Calling the Comitia to Order.

A Tribunis Plebis 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. The full text of any plebiscita which are being voted on (when the Comitia is being called to legislate),

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

4. 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 announcement 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, those Constitutionally empowered to do so may exercise their powers of intercessio or nuntiatio.

1. The exercise of intercessio shall cancel the vote or election outright, although another call with the same items may be made at a later date.

2. 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.

3. 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 or her discretion.

C. The period between the start and end of the voting must last no less than 192 hours (8 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 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 Tribunus Plebis.

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 plebiscitum, each tribe shall vote in favor of the plebiscitum 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 plebiscitum.

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 plebiscitum, 18 of the 35 tribes must vote in favor for the plebiscitum 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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XXXII: Lex Cornelia et Maria de civitate eiuranda

1. Resignation of citizenship from Nova Roma, as stated in paragraph II.A.4. of the constitution of Nova Roma, is effected by notification to the censores, or by declaration before three or more witnesses. Messages posted to e-mail lists or to electronic message boards, or statements of intent to resign citizenship made "live" meet the requirement for three witnesses to a resignation if and only if three witnesses to the resignation notify the Censors thereof within 72 hours of the initial proclamation. Individuals wishing to resign their citizenship may contact the censors directly and obviate the need for witnesses.

2. When a citizen resigns citizenship in Nova Roma, the resignation will not take effect for nine days from the date of the censors being notified, counting inclusively of the date of the notification. If the citizen desires to withdraw his or her resignation during this nundinum and remain a citizen, that citizen may freely do so without penalty, except as defined in the next paragraph. The citizen can withdraw the resignation by notifying the censores of his/her desire to withdraw the resignation by at least the same channel that he/she used to submit the resignation. For example, if a citizen submits a message to the e-mail address of the censores, currently censors@novaroma.org, stating that he/she resigns, then the citizen must e-mail the Censores by the same address to withdraw the resignation.

3. If a currently serving magistrate submits and withdraws multiple resignations of citizenship within the same calendar year, the censores will have grounds, after a closed hearing at which the magistrate will have the opportunity to present reasoning for his/her actions, to issue an edictum against the magistrate rendering him/her ineligible to run for elected office for one year. Should the magistrate believe that he/she has a case for appeal of such an edictum, he/she can appeal to a Tribunus Plebis, Praetor or Consul within 30 days of issuance of the edictum as follows:

• 1. If Plebeian, either to a Tribunus Plebis to bring the appeal to the Comitia Plebis Tributa or to a Praetor or Consul to bring the appeal to the Comitia Populi Tributa.

• 2. If Patrician, to a Praetor or Consul to bring the appeal to the Comitia Populi Tributa.

• 3. Note that the decision to convene these comitia, along with the schedule for doing so, is the purview of the tribuni, consules and praetores, and is therefore beyond the scope of this edict.

• 4. When a citizen resigns citizenship in Nova Roma, and the resignation becomes official after nine days, the ex-citizen is barred from reapplication and reinstatement for a period of six months, effective from the date his or her resignation became official. EXAMPLE: A citizen resigned on May 1, 2000, and his resignation became official on May 9, 2000, he could not be reinstated until November 9, 2000.

• 5. The ex-citizen, in the event that he desires to reacquire citizenship, must apply in the same fashion as any other person desirous of citizenship would, with the exception that he/she is directed to state in his/her application the reasons behind his/her resignation and decision to reverse the resignation and come back. His/her Roman name may be resumed if no other citizen of Nova Roma has taken it up in his/her absence. No public offices, titles or century points carry over to the returning citizen, with the exception of any religious titles and corresponding century points that may be specified by the Collegium Pontificum. Senatorial status may be resumed at the discretion of both the Senate and of the censores collegially. Gens affiliation in all instances remains at the discretion of the pater or materfamilias.

• 6. If a citizen resigns, is subsequently reinstated, and resigns a second time, that ex-citizen is barred for two years from reinstatement. Such a citizen is furthermore barred from running for any elected public office for two years following re-admission, with no recourse.

• 7. If a citizen resigns, is subsequently reinstated, and resigns a second time, is subsequently reinstated, and resigns a third time, that ex-citizen is barred forever from reinstatement. The ex-citizen has despised his citizenship and shown contempt for the state: he may never be reinstated thereafter.

• 8. The Censors will note the dates of submitted and withdrawn resignations in the censorial album civium.

Passed by Comitia Populi Tributa, Yes-25; No-10;

20 May MMDCCLIV

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XXXIII: Lex Cornelia et Maria de mutandis nominibus

I. Introduction

A. This law is set forth to define the procedures by which a citizen may apply to add, alter, or substitute any portion of his or her Roman name, and to state the guidelines by which such an application may be judged. This is done in order to attain a measure of conformity with ancient Roman naming conventions and tradition. Note that this law, and its procedures and guidelines, apply to changes sought by citizens after the publication of this law, and do not apply to citizens' existing names, although the information herein will certainly be of use to new citizens choosing a Roman name.

B. This law has no impact on chatroom handles, signatures to private or casual e-mail messages, or any other alias that any citizen may choose to use. Rather, 'Roman name' for the purposes of this law refers to the name used by the citizen in public oaths, applications to sodalitates and in other official contexts; this Roman name is the one recorded in the censorial album civium.

C. Note that the use of the male gender throughout this document is done solely for clarity, and is not meant to imply any disparity between the sexes before the law.

D. Also note that this document uses the word sex to describe the physical sex of a person and the word gender to refer to linguistic gender only.

E. It is not the intent of this law to discriminate against or to make any judgment about homosexuality, transgenderedness, or any other sexual identity. No such discrimination should be inferred from any part of this document, nor should it be used as a precedent for any law, magisterial act, edictum, or other action that interferes with the rights of any citizen on the basis of that citizen's sexual identity.

F. The Edictum Censorium de Mutandis Nominibus is hereby rescinded in favor of this lex.

II. Definition of a Roman Name

A. A Roman name consists of a praenomen, nomen, (optionally) cognomen, and (possibly) an agnomen, and, in rare cases, several agnomina.

B. The praenomen is a citizen's given name, and is used to distinguish between members of a particular gens. Since there are very few historical praenomina, and since the role of the praenomen is almost entirely secondary, a citizen is rarely referred to by praenomen alone.

C. The nomen identifies a citizen's gens. Since a change in the stem of a citizen's nomen would necessitate a change in gens -- a case of either adoptio or the founding of a new gens -- it is beyond the scope of this law.

D. The cognomen was originally a nickname. It is used to further identify members within a gens, who could easily be identically named due to the paucity of praenomina. Over time, the cognomen became inherited, and was used to identify specific family lines within a single gens. Changes to adopt certain names as cognomina are restricted, as set forth in paragraphs E and F below. Note that these restrictions do not apply in any way to cognomina under which citizens have already received citizenship.

E. An agnomen is an additional form of nickname that is commonly bestowed upon a citizen by others, often to commemorate significant accomplishments or important events in the citizen's life. While it is possible for a citizen to add a new agnomen or change an existing one by request, agnomina of distinction must be awarded by a senator, curule magistrate, or pontifex in recognition of service to Nova Roma. Official recognition of such awarded agnomina of distinction is completed by the censors' entering the agnomina in the album civium. Following each such entry by the censores, the latter will provide the magister aranearius with the full Roman name of the distinguished citizen and an explanation of the circumstances and reasons surrounding the award of the agnomen, that the magister aranearius may publish this information to the Nova Roma website as he sees fit.

F. Agnomina of distinction include, but are not limited to, the following: Augur, Augustus, Felix, Invictus, Magnus, Maximus, Optimus, Pius, Superbus, Victor. Note that these restrictions do not apply in any way to agnomina under which citizens have already received citizenship.

G. EXAMPLE: Quintus Caecilius Metellus Nepos would be Quintus of the Metellus branch of gens Caecilia. His family would be referred to as the Caecilii Metelli, in order to distinguish them from the other families within gens Caecilia. His agnomen, Nepos, distinguishes him from any other Quintus of the Caecilii Metelli. As nepos means grandson, it also most likely distinguishes him as the third in a line of like-named people.

III. Procedures

A. A citizen wishing to change his name shall first contact his paterfamilias and present his reasons for desiring a name change, as well as the desired name. The paterfamilias will in turn contact the censores should he approve of the name change, or should he find that he requires help in determining whether or not to approve the change.

B. Patresfamiliarum are instructed to work cooperatively with members of their gens who desire to change their names in order to help them conform to the letter and spirit of this document.

C. Should a paterfamilias disapprove of a citizen's desired name change, refusing to present it to the censores, said citizen may appeal to the censores within ninety (90) days of the refusal.

D. A paterfamilias who wishes to change his name shall apply to the censores directly.

E. Should an applicant fail to obtain a name change from the censores, he may, within ninety (90) days of the refusal, appeal to a consul or praetor to bring the matter before the people through a vote in the Comitia Populi Tributa.

1. Note that such an action requires the citizen who desires the change to temporarily waive his rights of confidentiality as defined in Lex Cornelia de Privatis Rebus, in order that evidence for and against the application may be presented to the populace.

2. Also note that the decision to convene the Comitia Populi Tributa, along with the schedule for doing so, is the purview of the consules and praetores, and is therefore beyond the scope of this edict.

IV. Guidelines

A. An application for a name change is confidential. The requested name, along with any and all evidence presented with it, is considered confidential information as covered by the Lex Cornelia de Privatis Rebus. Censores, patresfamiliarum, and anyone called to provide testimony by any party in the procedure are not to divulge any information applicable to the name change to anyone without the applicant's written permission, except as directed by this law. Such exceptions include the following:

1. A paterfamilias providing relevant information upon referring a request for a new name to the censores.

2. A paterfamilias or other citizen providing relevant information upon a censor, consul, or praetor's request, as in the case of an appeal of a denied application.

3. A citizen presenting evidence before the Comitia Populi Tributa in the case of an appeal to those comitia.

B. The guiding principle in considering name changes is to be conformity with ancient Roman tradition.

1. New praenomina should be historically attested ones.

2. As previously stated, agnomina of distinction (Maximus, Felix, et cetera) are not to be granted to citizens on request, but can be awarded to any citizen by any senator, curule magistrate, or pontifex in recognition of any special service to the Republic. It is up to the patresfamiliarum and censores to determine what is and is not an agnomen of distinction on a case-by-case basis.

3. Cognomina and agnomina can be new coinages, but must be conducive to Latin declension, and must have a clear meaning -- both semantically and in specific relation to the citizen requesting the added or changed name.

4. The gender of the name is to be consistent. Each part is to agree with all others in gender, and with the sex of the citizen requesting the name change. (1)

C. A citizen who wishes to change the gender of his name counter to that dictated by his sex must present, in support of his application, proof of acceptance of the contrary sex by an authority of a macronation state, or municipality. In other words, if the applicant is physically a man and has a form of macronational or municipal identification listing his sex as female, or is officially recognized as a woman in his country of macronational citizenship, then he may use a feminine name in Nova Roma.

1. An exception to this rule is allowed in the case of transsexual citizens who are discussing surgical sex alteration with a health care provider or undergoing other medical and psychological treatment in preparation for such an operation. In these instances, documentation pertaining to health care provider(s) may be required of the applicant.

2. Post-operative transsexual citizens shall be named according to their current sex.

3. Hermaphrodites shall be named according to the sex in which they are recognized by their country of macronational citizenship.

Section headers in double parentheses are unofficial and have been inserted for convenience.

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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 at least one of Nova Roma’s main communications fora (as defined by the Constitution) 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 at least one of Nova Roma’s main communications fora, 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.

Passed by Comitia Populi Tributa, Yes-28; No-6; Abstain-0

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XLVIII: Lex Cornelia de linguis publicis

I. Due to the increasingly inter macronational nature of the Citizenship of Nova Roma, it has become necessary for the official language policy of the Republic to be defined, in such a way that acknowledges our historical antecedents, practical concerns, and the sensibilities of all of our Citizens. To that end, this Lex Cornelia de Linguis Publicis is adopted.

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

III. English is hereby adopted as the business language of Nova Roma's central government. As such, it shall be used in official communications from and day-to-day business conducted by the central government (defined for purposes of this proviso as the Senate and non-provincial magistrates). Other languages may be used in such communications where deemed appropriate, but an English translation must accompany such communications.

IV. In order to accommodate the Needs of Citizens who do not speak English, or who speak English as a Second Language, and in accordance with section IV 9 of the Constitution, the Decuria Interpretum is established.

A. The Decuria Interpretum shall consist of ten Interpretes who shall be responsible for making official translations of all proposed Leges and Plebiscita, and all Edicta and official announcements made by the magistrates of Nova Roma, along with all Senatus Consulta. The Interpretes shall also be responsible for providing official translations of all Leges, Plebiscita, Senatus Consulta, Priestly Decreta, and Magisterial Edicta in force at the time this lex is passed. Each of the Interpretes shall have authority to appoint his own scribae. Should the position be vacant, and suitable and willing candidates are available, the Senate shall have the authority to appoint interpretes.

B. Each of the Interpretes shall be responsible for one language.

C. The Position of Interpres Latinitatis is established. The Interpres Latinitatis shall serve as the Caput/Magister of the Decuria Interpretum and shall provide aid to magistrates in complying with section II of this lex in addition to the duties of all members of the Decuria Interpretum.

D. Interpretes for the five non-English and Latin Languages most widely spoken in Nova Roma are hereby established. Until such time as the Senate determines which languages are most widely spoken, The Interpretes will provide translations of the French, German, Italian, Portuguese, and Spanish Languages.

E. The Language that the remaining four Interpretes shall provide shall be chosen by the Senate of Nova Roma.

V. In the event of linguistic differences between texts, the language that will be considered official in terms of interpretation shall be English.

VI. 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).

Passed by Comitia Populi Tributa, Yes-18; No-16; Abstain-0

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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.

1. No person shall hold the office of censor consecutively or more than twice in a five-year period. This exception to this provision shall be any censor suffectus who has served 6 months or less of his predecessor's term of office.

2. No person shall hold the office of consul for two years consecutively, or hold the office of consul more than twice in any five-year period.

3. No person shall hold the office of praetor or aedile consecutively, or hold any of the aforementioned offices more than twice in any five-year period. The exception to this shall be any praetor suffectus or aedile suffectus who has served 3 months or less of his predecessor's term of office.

Passed by Comitia Populi Tributa yes: 30; No: 4

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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

Passed by Comitia Populi Tributa yes: 30; No: 4

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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:

Section headers in double parentheses are unofficial and have been inserted for convenience.

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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 Praetores 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 scribae.

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

IV. Scope

A. Public fora under the jurisdiction of the Praetores shall include the general discussion mailing list (currently "novaroma@yahoogroups.com"), the announcements mailing list (currently "novaroma-announce@yahoogroups.com"), 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.

[In accordance with the Lex Equitia de Vigintisexviris and praetorian edictum, the title "curator differum" in Section IV. C. above has been changed to the current and more correct "editor commentariorum."

A. Tullia Scholastica, interpres linguae Latinae, scriba praetoris et magistri araneari, 2758].

Passed by Comitia Populi Tributa in 05 June 2755, Yes: 25; No: 4

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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

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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 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 Ides of November. Candidacies for these offices will have to be made public as established by the law before the Kalends of December.

III. In this first round of candidacy presentation, no current holder of a magistracy shall present his or her candidacy for that very same position (prorogatio). No individual shall present his or her candidacy to more than one magistracy (cumulatio).

IV. If, after the Kalends of December, a certain magistracy has a number of legal candidates that is lower than the number of offices to be filled, the period of presentation of candidacies shall be extended by an additional nundinum for that magistracy only. During this extended period, the provisions indicated in paragraph III of this lex shall be considered temporarily withdrawn for candidacies to that magistracy.

V. 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."

[In accordance with the Lex Equitia de Vigintisexviris and praetorian edictum, the title "rogatores" in II. above has been changed to "custodes." The rogatores are no longer election officials; the diribitores count votes, and the custodes break ties and certify the elections].

[A. Tullia Scholastica, scriba praetoris et magistri araneari, 2758].

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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 the praetores, it shall be presented to a court of justice defined according to this law. The reus shall be informed of the nature of the claim presented against him and of the identity of the actor within thirty-six (36) hours after the claim's approval.

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 the assidui citizens that have been citizens of Nova Roma for over a year.

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 tribunalis shall be composed of a single iudex.

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. Should there be a draw in the tribunal's votes, 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. 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.

B. 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.

C. 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.

D. EXACTIO: 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 the 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. In any other occasion, a Tribunus Plebis that wishes to present his proposals to the People shall first announce his intention on 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 ciizens 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 (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 a 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 a 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 the 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. In any other occasion, a Tribunus Plebis that wishes to present his proposals to the People shall first announce his intention on 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 ciizens 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 (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 a 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 a 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.

Passed by Comitia Populi Tributa, Yes-18; No-13; Abstain-x

24 December MMDCCLV

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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).

Section headers in double parentheses are unofficial and have been inserted for convenience.

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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.

Notes of the praetura :

1/ In accordance with the Lex Equitia de Vigintisexviris and praetorian edictum, the titles of rogatores and curator araneum have here been changed to the current applicable diribitores, custodes, and magister aranearius. The rogatores are now registrars of new citizens working in the censor's office; the diribitores count votes, and the custodes break ties and certify elections [A. Tullia Scholastica, interpres linguae Latinae, scriba praetoris et magistri araneari, 2758].

2/ The previous and original text of paragraph V.B. was the following one:

"In the case of a magisterial election, voting shall be sequential.

1. A century from the first class shall be selected by lot by the diribitores to vote first. No century containing only one member shall be selected for this purpose. For the first 48 hours of the voting period only members of that century shall be permitted to vote.

2. Twenty-four (24) hours after the beginning of the voting period, the diribitores shall tally the votes of all those who have voted so far according to the method set out in A.1 above, and shall announce the result no later than 48 hours after the beginning of the voting period.

3. Forty-eight (48) hours after the beginning of the voting period, the rest of the centuries in the first class shall be permitted to vote; members of the century selected under B.1 above who have not yet voted shall still be permitted to vote.

4. Ninety-six (96) hours after the beginning of the voting period, the diribitores shall tally the votes of all those who have voted so far according to the method set out in A.1 above, and shall announce the results no later than 120 hours after the beginning of the voting period.

5. One hundred twenty (120) hours after the beginning of the voting period, everyone who is eligible to vote but has not yet done so shall be permitted to vote. All voting shall cease no less than 216 hours after the beginning of the voting period."

[Pr. Memmius Nov. a.d. XVII Kal. Dec. 2762 auc]

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