Talk:Lex Fabia de ratione comitiorum populi tributorum (Nova Roma)
IV.B : Commentary
Discretion of presiding magistrate
It is implied, of course, that if a candidate does not have "whatever qualifications are required by law" the presiding magistrate must exclude him from the ballot. That the presiding magistrate has the power to do so is undoubted.
Moreover, it appears that, as in the ancient republic, the presiding magistrate has a discretionary power to exclude a candidate from the ballot if he considers it proper to do so, even if the candidate meets all the technical requirements laid down in the relevant leges. For example, M. Arminius tribunus plebis a. d. V Kal. Dec. M. Octavio L. Sulla (II) cos. ‡ MMDCCLV a.u.c., said in the forum (message 5701 in the archive):
- Yes, i plan to mantain the same candidates in the ballot for the next elections for Tribunus Plebis. But i will accept new names for Aedilis Plebeius, since we have a free position.