Lex Minucia de eiuratione magistratuum (Nova Roma)

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(Lex Minucia eiuratione magistratuum (CXIV))
 
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:'''I'''. The lex Cornelia et Maria De Civitate Eiuranda is hereby repealed.
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{{Praetores}}
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http://www.novaroma.org/tabularium/leges/2001-05-20-iii.html
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:'''II'''. The Lex Equitia de Civitate Eiuranda is hereby repealed.
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{|width="100%"
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http://www.novaroma.org/tabularium/letes/200410-07-v.html
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|-
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|__TOC__
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|align="right"|
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{{LexStatusActive}}
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{{LexPassed
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  | when={{Mar 28}} {{2006}}
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  | com=Comitia Populi Tributa
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  | yes=19 | no=10 | abs=0
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  }}
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|}
  
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:'''III.A'''. Citizenship from Nova Roma, as stated in paragraph II.A.4. in the Constitution of Nova Roma, may be voluntarily relinquished by notification of the Censors or by public statement before 3 or more witnesses. Messages posted to official Nova Roma e-mail lists or electronic message boards, or statements of an intent to resign citizenship that are made at a public function of Nova Roma meet the requirement for three witnesses to a resignation if and only if three witnesses to the resignation notify the Censors thereof within 72 hours of the initial proclamation. In accordance with the Constitution II.A.5 a parent or guardian, as above, may voluntarily rescind citizenship of Impuberes.
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<div class="scriptum">
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::'''B'''. The Censor(s) shall, at their earliest convenience, but no later than within seven days, issue to the citizen in writing or by electronic message an official acknowledgement of this intent to resign citizenship. Resignation becomes effective within 48 hours from the date and time the Censor(s) issue such acknowledgment.
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<onlyinclude>
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::'''C'''. Before such time that a resignation of citizenship would come into effect, a citizen may rescind his or her intention to resign, or a legal guardian may rescind the intention to resign of an impubere, by writing or by sending an electronic message to the Censors or to a Rogatoral designate of the Censors.
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:'''I.''' This Lex pursues the constitutional language of Section IV, headed 'Magistrates', which states that an office becomes vacant when a magistrate resigns or dies.  
  
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:'''IV'''. Failure to respond to a Nova Roma census, as per legal obligation, places an individual's citizenship in temporary suspension. A citizen under suspended citizenship may be given a designation other than citizen, as prevailing law provides. Suspended citizenship may be lifted by the individual notifying the Censors of his or her intent to renew active citizenship, by responding to the following census, or by paying annual dues within the following year. Individuals who are under suspended citizenship are not to be counted as assidui or as capiti censi, and thus temporarily lose the right vote, but retain all other rights of citizenship. If within a five-year period an individual member fails to respond to two consecutive censuses, the Censors may rescind the individual's citizenship and all its attendant rights.
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:'''II.''' This lex clarifies the legal definition of magisterial resignation, consequences of resignation, and those procedures legally necessary to validate and remedy magisterial vacancy due to resignation of office.
  
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:'''V'''. If citizenship is resigned without also stating that public offices are resigned, any and all public offices held by the citizen at that time become vacated when a resignation of citizenship comes into effect. No public offices, elected or appointed, carry over into a new citizenship if a resigning citizen should later seek to reacquire citizenship.
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:'''III.''' The language of this lex is binding on resignation of magisterial offices elected in the Comitia Centuriata, in the Comitia Populi Tributa and in the Comitia Plebis Tributa.
  
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:'''VI.A'''. A former citizen, in the event he or she desires to reacquire citizenship must reapply for citizenship to the Censors through prevailing legal procedures. Additionally, the former citizen is directed to state in his or her application the reasons behind the initial resignation of citizenship, and the nature of the reasons influencing the desire to have it reinstated.
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:'''IV.''' A tendered resignation from an elected office becomes legal and binding once receipt of same is acknowledged to the resigning Magistrate by an appropriate presiding official (defined below) of the comitia by which he or she was elected.
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::'''B'''. The Roman name of a returning citizen may be resumed if no other citizen of Nova Roma has taken it in his or her absence
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:'''VII'''. When a former citizen applies for reinstatement of citizenship (postliminium):
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::'''A.i.''' Resignation of an office elected in the Comitia Plebis Tributa is tendered in writing to the Tribuni Plebii or tendered in writing in the presence of three or more Plebian citizens, who shall witness and communicate the resignation to the Tribunes. Once advised of a resignation, the Tribuni Plebii shall respond in writing to the resigning magistrate within 24 hours, in order to acknowledge the tendered resignation, and a vacancy of that office is legally established.
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No office, religious or civil, held by the citizen at the time of his or her resignation, is regained if that person is granted citizenship once more. After ninety days of being reinstated into citizenship, the returning citizen may apply to the Collegium Pontificum for reappointment to any religious offices that he or she may have previously held. Only the Collegium Pontificum, or otherwise designated religious body, is authorized to reappoint a returning citizen to a religious office. Any titles, honors and/or effects of past public administrative offices shall be restored to the returning citizen only after a period of ninety days has passed from the date that citizenship is regained. Century points that are due to a returning citizen for any and all public and/or religious offices that he or she may have previously held shall be restored at the end of ninety days. Senatorial status may be resumed at the discretion of the Censors collegially
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::'''A.ii.''' Elections shall be held in the Comitia Plebis Tributa within 45 days of the established vacancy for a suffect magistrate,according to prevailing legal procedure governing elections of this comitia.
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::'''A.iii.''' This lex does not in itself restrict a former magistrate from standing for election in the Comitia Plebis Tributa to fill the vacancy caused by his or her resignation.
  
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:'''VIII'''. If a citizen resigns, is subsequently reinstated, and resigns a second time, this former citizen is barred for two years from reinstatement as a citizen of Nova Roma.
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::'''B.i.''' Resignations of offices elected in the Comitia Populi Tributa or the Comitia Centuriata are to be tendered in writing to the Consuls, or in the presence of three or more citizens,who shall acknowledge and communicate receipt of the resignation to the Consuls. Once advised of the resignation, the Consuls shall respond in writing within 24 hours to the resigning magistrate in order to acknowledge the tendered resignation, and a vacancy of that office is thereby legally established.
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::'''B.ii.''' Elections shall be held in the appropriate comitia within 45 days of the established vacancy for a suffect magistrate, according to the respective prevailing laws governing these comitia elections.
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::'''B.iii.''' This lex does not in itself restrict a former magistrate from standing for election in the appropriate comitia to fill the vacancy caused by his or her resignation.
  
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:'''IX.A'''. This lex does not influence in itself a returning citizen's lawfully established entitlements or restrictions to pursue official positions (via election or appointment) for which he or she would again become eligible. All rights of citizenship are restored in full to a returning citizen after ninety (90) days from when a censor re-enrolls a citizen. At the discretion of the Senate, the normal waiting period may be waived and full rights of citizenship restored prior to the ninety-day period.
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:'''V.''' Consuls may not accept resignations of offices elected of the Comitia Plebis Tributa.
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::'''B'''. Further, the language of this lex does not in itself serve to influence those established lawful authorities or parameters by which religious and/or legislative bodies may issue or fail to issue appointments relative to their respective roles and functions, in the consideration of any citizen's application.
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:'''X'''. The Censors will note the dates of submitted and withdrawn resignations in the censorial album civium.
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:'''VI.''' The presiding comitia magistrate who lawfully acknowledges receipt of a resignation of office to the tendering magistrate as detailed in Ai and Bi, shall be responsible for communicating this information to the Censors, the Magister Aranearius and the citizenry via public fora within 48 hours.
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:'''VII.''' Accreditation of century points for partial service of a term of office shall not be affected by this lex.
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Original text of lex as passed in comitia, maintained here for transparency and tracability:
 +
 
 +
This lex clarifies the legal definition of magisterial resignation,
 +
consequences of resignation, and those procedures legally necessary
 +
to validate and remedy magisterial vacancy due to a resignation of
 +
office, in accordance with the Constitution of Nova Roma, Section
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IV, on 'Magistrates', which states that an office becomes vacant
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when a magistrate resigns or dies while in office. The language of
 +
this lex is binding on resignation of magisterial offices elected in
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the in the Comitia Populi Tributa and in the Comitia Plebis Tributa.
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I.A: An elected magistrate resigns from office by tendering his or
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her notification of a resignation to the presiding official (defined
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below) of the comitia in which the resigning magistrate was elected.
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B: The Tribunes of the Plebs are the presiding officials of the
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Comitia Plebis Tributa. A resignation of an office that was elected
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in the Comitia Plebis Tributa may be tendered in writing directly to
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one or more Tribunes of the Plebs, or else is tendered to the
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Tribunes of the Plebs by posting a notice of resignation via the
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official Comitia Plebis Tributa list, or a list that is supported by
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Nova Roma as a Public Forum.
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C: The Consuls and Praetors are the presiding officials of the
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Comitia Populi Tributa. A resignation of an office that was
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elected in the Comitia Populi Tributa may be tendered in writing
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directly to one or both Consuls or Praetors, or else is tendered
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by posting a notice of resignation on a list that is supported by
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Nova Roma as
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a public Forum.
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II.A: A vacancy of office is legally established when an appropriate
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presiding official acknowledges in writing the receipt of a tendered
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resignation to the resigning magistrate. A vacancy may also be
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legally established when the Censors inform the presiding
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magistrates that a magistrate is unreachable after an absence of 45
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or more days.
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B: Within twenty-four (24) hours of receiving notification of a
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resignation, the presiding official of the respective comitia – any
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one of the Consuls or Praetors, or any one of the Tribunes of the
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Plebs, as the case may be, shall acknowledge receipt in writing to
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the resigning
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magistrate.
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C. Consuls shall not accept a resignation from office of a
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magistrate elected in the Comitia Plebis Tributa.
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D. Tribunes of the Plebs may only accept the resignation from office
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of a magistrate elected in the Comitia Populi Tributa as in II A and
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B when none of
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the Consuls or Praetors is available to accept the resignation on
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behalf of this comitia.
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III: Elections shall be held within 45 days of the established
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vacancy for a suffect magistrate in the legally appropriate comitia,
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according to prevailing legal procedures governing elections of
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that comitia.
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IV: This lex does not in itself restrict a former magistrate from
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standing for election in the Comitia Plebis Tributa or in the
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Comitia Populi Tributa to fill the vacancy caused by his or her
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resignation, and for which he or she is eligible to hold.
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V: The presiding official of a comitia who lawfully acknowledges
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receipt of a resignation from office of any magistrate who was
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elected in either the Comitia Plebis Tributa or Comitia Populi
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Tributa, as outlined in this lex, shall be responsible for
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communicating this information to the Censors, the Magister
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Aranearius and to the citizenry via public fora within the following
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forty-eight (48) hours from the time that the resignation goes into
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effect.
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</onlyinclude>
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</div>
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[[Category:Leges (Nova Roma)]]

Revision as of 04:26, 12 October 2020

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This lex is currently IN FORCE.

Approved by Comitia Populi Tributa
Yes: 19 No: 10 Abs.: 0
a.d. V Kal. Apr. ‡ K. Buteone Po. Minucia cos. ‡ MMDCCLIX a.u.c.


I. This Lex pursues the constitutional language of Section IV, headed 'Magistrates', which states that an office becomes vacant when a magistrate resigns or dies.
II. This lex clarifies the legal definition of magisterial resignation, consequences of resignation, and those procedures legally necessary to validate and remedy magisterial vacancy due to resignation of office.
III. The language of this lex is binding on resignation of magisterial offices elected in the Comitia Centuriata, in the Comitia Populi Tributa and in the Comitia Plebis Tributa.
IV. A tendered resignation from an elected office becomes legal and binding once receipt of same is acknowledged to the resigning Magistrate by an appropriate presiding official (defined below) of the comitia by which he or she was elected.
A.i. Resignation of an office elected in the Comitia Plebis Tributa is tendered in writing to the Tribuni Plebii or tendered in writing in the presence of three or more Plebian citizens, who shall witness and communicate the resignation to the Tribunes. Once advised of a resignation, the Tribuni Plebii shall respond in writing to the resigning magistrate within 24 hours, in order to acknowledge the tendered resignation, and a vacancy of that office is legally established.
A.ii. Elections shall be held in the Comitia Plebis Tributa within 45 days of the established vacancy for a suffect magistrate,according to prevailing legal procedure governing elections of this comitia.
A.iii. This lex does not in itself restrict a former magistrate from standing for election in the Comitia Plebis Tributa to fill the vacancy caused by his or her resignation.
B.i. Resignations of offices elected in the Comitia Populi Tributa or the Comitia Centuriata are to be tendered in writing to the Consuls, or in the presence of three or more citizens,who shall acknowledge and communicate receipt of the resignation to the Consuls. Once advised of the resignation, the Consuls shall respond in writing within 24 hours to the resigning magistrate in order to acknowledge the tendered resignation, and a vacancy of that office is thereby legally established.
B.ii. Elections shall be held in the appropriate comitia within 45 days of the established vacancy for a suffect magistrate, according to the respective prevailing laws governing these comitia elections.
B.iii. This lex does not in itself restrict a former magistrate from standing for election in the appropriate comitia to fill the vacancy caused by his or her resignation.
V. Consuls may not accept resignations of offices elected of the Comitia Plebis Tributa.
VI. The presiding comitia magistrate who lawfully acknowledges receipt of a resignation of office to the tendering magistrate as detailed in Ai and Bi, shall be responsible for communicating this information to the Censors, the Magister Aranearius and the citizenry via public fora within 48 hours.
VII. Accreditation of century points for partial service of a term of office shall not be affected by this lex.

Original text of lex as passed in comitia, maintained here for transparency and tracability:

This lex clarifies the legal definition of magisterial resignation, consequences of resignation, and those procedures legally necessary to validate and remedy magisterial vacancy due to a resignation of office, in accordance with the Constitution of Nova Roma, Section IV, on 'Magistrates', which states that an office becomes vacant when a magistrate resigns or dies while in office. The language of this lex is binding on resignation of magisterial offices elected in the in the Comitia Populi Tributa and in the Comitia Plebis Tributa.

I.A: An elected magistrate resigns from office by tendering his or her notification of a resignation to the presiding official (defined below) of the comitia in which the resigning magistrate was elected.

B: The Tribunes of the Plebs are the presiding officials of the Comitia Plebis Tributa. A resignation of an office that was elected in the Comitia Plebis Tributa may be tendered in writing directly to one or more Tribunes of the Plebs, or else is tendered to the Tribunes of the Plebs by posting a notice of resignation via the official Comitia Plebis Tributa list, or a list that is supported by Nova Roma as a Public Forum.

C: The Consuls and Praetors are the presiding officials of the Comitia Populi Tributa. A resignation of an office that was elected in the Comitia Populi Tributa may be tendered in writing directly to one or both Consuls or Praetors, or else is tendered by posting a notice of resignation on a list that is supported by Nova Roma as a public Forum.

II.A: A vacancy of office is legally established when an appropriate presiding official acknowledges in writing the receipt of a tendered resignation to the resigning magistrate. A vacancy may also be legally established when the Censors inform the presiding magistrates that a magistrate is unreachable after an absence of 45 or more days.


B: Within twenty-four (24) hours of receiving notification of a resignation, the presiding official of the respective comitia – any one of the Consuls or Praetors, or any one of the Tribunes of the Plebs, as the case may be, shall acknowledge receipt in writing to the resigning magistrate.

C. Consuls shall not accept a resignation from office of a magistrate elected in the Comitia Plebis Tributa.

D. Tribunes of the Plebs may only accept the resignation from office of a magistrate elected in the Comitia Populi Tributa as in II A and B when none of the Consuls or Praetors is available to accept the resignation on behalf of this comitia.

III: Elections shall be held within 45 days of the established vacancy for a suffect magistrate in the legally appropriate comitia, according to prevailing legal procedures governing elections of that comitia.

IV: This lex does not in itself restrict a former magistrate from standing for election in the Comitia Plebis Tributa or in the Comitia Populi Tributa to fill the vacancy caused by his or her resignation, and for which he or she is eligible to hold.

V: The presiding official of a comitia who lawfully acknowledges receipt of a resignation from office of any magistrate who was elected in either the Comitia Plebis Tributa or Comitia Populi Tributa, as outlined in this lex, shall be responsible for communicating this information to the Censors, the Magister Aranearius and to the citizenry via public fora within the following forty-eight (48) hours from the time that the resignation goes into effect.

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