Lex Moravia de suffragiis in comitiis plebis tributis et ratione comitiorum plebis tributorum (Nova Roma)

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Contents

This lex has been REPEALED.

Approved by Comitia Plebis Tributa
Yes: 22 No: 8 Abs.: 5
a.d. XVII Kal. Dec. K. Fabio T. Labieno cos. MMDCCLVI a.u.c.


I. ((Repeal))

The Lex Salicia de suffragiis in comitiis plebis tributis is hereby repealed.

II. ((Repeal))

The Lex Labiena de ratione comitiorum plebis tributorum is hereby repealed.

III. ((Conflict with previous leges))

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

IV. Calling the Comitia to Order

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

A. The Comitia Plebis Tributa shall be called to order by making a public announcement in those public fora which shall have been designated for such purposes. The announcement must include:
1. The names of candidates for office and the office for which they are running (when the Comitia Plebis Tributa are being called for magisterial elections).
2. Date of Citizenship of each candidate.
3. The full text of any plebiscite(s) which will be voted on (when the Comitia Plebis Tributa is being called to vote on legislation).
4. In the case of a trial, the name of the accused, and the charges and specifications of which they are accused.
5. The dates on which the contio shall begin and end, and the dates on which the members of the Comitia Plebis Tributa shall begin and end voting.
6. The dates appropriate for voting according to the guidelines set by the Collegium Pontificum.
7. Special instructions that are relevant to the mechanics of the vote, if any.
B. In the case of a magisterial election, the presiding magistrate shall have the responsibility for taking all reasonable precautions to ensure that the candidates meet all candidacy requirements as established by law. The Censores shall assist in such efforts as to the best of their ability.

V. Timing of the Vote

A. (Sub-section repealed by the Lex Arminia de Ratione Comitiorum Plebis Tributorum) Before calling the Comitia Plebis Tributa to order, the presiding magistrate shall request of the Collegium Augurum that the auspices be taken to ensure that the contio and voting dates are auspicious. This shall be done approximately five (5) days before the presiding magistrate plans on calling the Comitia Plebis Tributa to order. This request shall include:
1. In the case of legislation, the full text of the proposed plebiscite(s) to be voted on.
2. In the case of a magisterial election, the full names of the candidates and the offices for which they are running.
3. In the case of a trial, the name of the accused, and the charges and specifications of which he or she is accused.
4. The proposed dates of the contio and the voting.
B. (Sub-section repealed by the Lex Arminia de Ratione Comitiorum Plebis Tributorum) Should the auspices be favourable, the presiding magistrate shall call the Comitia Plebis Tributa to order.
C. (Sub-section repealed by the Lex Arminia de Ratione Comitiorum Plebis Tributorum) Should the auspices be found unfavourable, the presiding magistrate shall choose new dates and shall request of the Collegium Augurum that the auspices be retaken (including the items mentioned in V.A.1, 2, 3 & 4 above).
D. The announcement containing the call to vote shall be issued a minimum of 72 hours (3 days) prior to the start of the vote. This period shall be known as the Contio, and shall be used for formal discussion of the issues and/or candidates on which the citizens of the Comitia Plebis Tributa shall vote.
In the event that, in an election for a magisterial office, there are not enough candidates elected to fill all vacancies in that office, the presiding magistrate may call for a follow-up election among those same candidates who failed to obtain that office in the previous election. For these follow-up elections, the 120-hour (5-day) requirement for the length of the Contio shall be shortened to twenty-four (24) hours.
E. During the Contio, those Constitutionally empowered to do so may exercise their powers of intercessio, nuntiatio or obnuntiatio.
Intercessio may be exercised against either the entire election or vote, or against one or more individual items on the ballot. If there are any items on the ballot that have not been subjected to intercessio, voting on them shall proceed normally. The removal of an item from the ballot due to intercessio shall not prevent that item from being placed upon the ballot for a vote at a later time.
F. The period between the start and end of the voting in a magisterial election or on plebiscite(s) must last a minimum of 120 hours (5 days).
G. In the case of a vote on the guilt or innocence of an accused citizen tried before the Comitia Plebis Tributa, the period between the start and end of the voting must last no less than 192 hours (8 days).
H. No citizen who is registered as a patrician by the Censors shall be permitted to cast a vote in the Comita Plebis Tributa.
I. The ability to vote during the voting period may be impacted and/or suspended due to calendrical issues as enacted by decreta of the Collegium Pontificum. The presiding magistrate shall then by decree extend or move the original start and ending times of the contio and/or voting times.
J. The diribitores shall tally the vote and shall deliver the results to the presiding magistrate within forty-eight (48) hours of the close of the voting period.
K. The presiding magistrate shall announce the results of the vote within forty-eight (48) hours of receiving the results from the diribitores, in at least the same venues as the original announcement calling the vote was published.

VI. Voting Procedures for Magisterial Elections

A. The Censors shall issue to each citizen a unique voter identification code. This code shall be used to maintain anonymity in the voting process, and to minimize the possibility of vote fraud. In a timely fashion prior to the vote, the Censors shall make available to the diribitores a list of valid voter identification codes and the tribes with which they are associated. The diribitores shall not have access to the names of the citizens associated with particular voter identification codes.
B. In consultation with the diribitores, the magister aranearius shall make available a cista, a secure web-based form, to allow citizens to vote directly through the official Nova Roma web site. This form shall record the voter identification code and desired vote(s) of the individual. The information thus collected will either be forwarded to the diribitores as it is gathered, or at the end of the process, at their discretion. Alternative methods of voting may be enacted by other legislation as required.
C. Each voter shall be given opportunity to cast his or her vote in the following manner:
1. The ballot shall consist of a listing of the candidates for office listed in alphabetical order based on the candidates' nomina, praenomina, and, where applicable, cognomina and agnomina. The list shall be placed on the ballot in a single column.
2. Beside the name of each candidate the voter shall be able to mark his or her approval of the candidate.
3. A voter may vote for the number of candidates equal to the number of vacant positions. A voter may choose to vote for only some of the candidates or none of the candidates.
4. There shall be an area on the ballot for a write-in candidate should the voter wish to cast a vote for a candidate not listed on the ballot.
5. There shall be an area on the ballot for an abstention, should the voter wish to waive their right to cast any votes for a given magistracy.
6. Once cast, no vote can be altered, even with the correct voter identification code. Should a voter cast subsequent ballots with the same voter identification code, only the first ballot shall be counted and all subsequent ballots shall be considered null and void.
D. Procedures for counting votes.
1. Votes shall be according to tribes.
2. Each tribe shall cast the number of votes equal to the number of vacancies available for a given office. The vote of the tribe shall be counted as the candidates who receive the highest amount of votes equal to the number of vacancies within that tribe.
3. The candidates equal to the number of vacancies who receive the highest amount of tribal votes shall be declared elected.
4. Should there not be enough candidates to fill all of the vacancies, a new election shall be called within thirty (30) days from the end of the current election following the procedures stated in V. above.
5. Ties within the tribe shall be resolved as follows:
a. The tied candidates shall have their ties resolved by awarding the tied tribe to the candidate(s) that received the most votes of the Tribes in total.
b. If the above does not settle the tie then the custodes are instructed to cast lots in a manner that gives each tied candidate equal odds of winning the tie.
c. Should a tie occur between candidates in excess of the number of vacancies the ties shall be resolved in the same manner as stated above (VI. D. 2. i. and VI. d. 2. ii)

VII. Voting Procedures for Plebiscites

A. The Censors shall issue to each citizen a unique voter identification code. This code is to be used to maintain anonymity in the voting process, and to minimize the possibility of vote fraud. In a timely fashion prior to the vote, the Censors shall make available to the diribitores a list of valid voter identification codes and the tribes with which they are associated. The diribitores shall not have access to the names of the citizens associated with particular voter identification codes.
B. In consultation with the diribitores, the magister aranearius shall make available a cista, a secure web-based form, to allow citizens to vote directly through the official Nova Roma web site. This form shall record the voter identification code and desired vote(s) of the individual. The information thus collected will either be forwarded to the diribitores as it is gathered, or at the end of the process, at their discretion. Alternative methods of voting may be enacted by other legislation as required.
C. The ballot shall be constructed as follows:
1. The full text of the plebiscite(s) shall appear on the ballot.
2. Beside the title of each plebiscite, the voter shall be able to mark his or her approval of the plebiscite.
3. There shall be an area on the ballot for an abstention, should the voter wish to waive their right to cast a vote for a given plebiscite(s).
4. Once cast, no vote can be altered, even with the correct voter identification code. Should a voter cast subsequent ballots with the same voter identification code, only the first ballot shall be counted and all subsequent ballots shall be considered null and void.
D. Procedures for counting votes.
1. Votes shall be counted according to tribes.
2. Should a majority of the votes within a tribe approve of the plebiscite(s) that tribe shall cast one vote of approval for that plebiscite(s).
3. Should a majority of the votes within a tribe disapprove the plebiscite(s) or a tie occur within that tribe, that tribe shall cast one vote of disapproval for that plebiscite(s).
E. (Sub-section repealed by the Lex Arminia de Suffragiis in Comitiis Tributis) In order for a plebiscite to be enacted as law the plebiscite must receive approval of no fewer than 18 of the 35 tribes.

VIII. Voting Procedures in the case of a Trial

A. The Censors shall issue to each citizen a unique voter identification code. This code is to be used to maintain anonymity in the voting process, and to minimize the possibility of vote fraud. In a timely fashion prior to the vote, the Censors shall make available to the diribitores a list of valid voter identification codes and the tribes with which they are associated. The diribitores shall not have access to the names of the citizens associated with particular voter identification codes.
B. In consultation with the diribitores, the magister aranearius shall make available a cista, a secure web-based form, to allow citizens to vote directly through the official Nova Roma web site. This form shall record the voter identification number and desired vote(s) of the individual. The information thus collected will either be forwarded to the diribitores as it is gathered, or at the end of the process, at their discretion. Alternative methods of voting may be enacted by other legislation as required
C. The ballot shall be constructed as follows:
1. The name of the accused, and the charges and specifications of which he or she is accused.
2. There shall be an area on the ballot where each voter shall have the option to vote "absolvo" (absolve, innocent), or "condemno" (condemn, guilty).
3. There shall be an area on the ballot for an abstention, should the voter wish to waive his or her right to vote on the accused's guilt or innocence.
4. Once cast, no vote can be altered, even with the correct voter identification code. Should a voter cast subsequent ballots with the same voter identification code, only the first ballot shall be counted and all subsequent ballots shall be considered null and void.
D. Procedures for counting votes.
1. Votes shall be counted according to tribes.
2. In the case of a vote on the guilt or innocence of a citizen tried before the Comitia Plebis Tributa, each tribe shall vote for conviction if a majority of the votes received from members of that tribe are marked condemno. Ties within a tribe will result in that tribe voting for acquittal.
E. (Sub-section repealed by the Lex Arminia de Suffragiis in Comitiis Tributis) In order for a citizen to be convicted, no fewer than 18 of the 35 tribes shall vote 'condemno'.

IX. ((Mechanical counting))

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

X. ((Order of business))

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

XI. ((Reporting))

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


[In accordance with subsequent law and praetorian edictum, the titles "rogatores" and "curator araneum" have been replaced by the more correct "diribitores" and "custodes" for the former, and "magister aranearius" for the latter. The diribitores count votes, the custodes break ties and certify elections, and the rogatores, who used to perform both functions, now register new citizens in conjunction with the censores].

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

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