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voting...

The Comitia Plebis Tributa is open for voting.... (elects the Tribunes Plebes and Aediles Plebes)


LEX DIDIA GEMINA DE POTESTATE TRIBUNICIA


I. IUS AGENDA CUM SENATU
(Concerning Calling the Senate.)

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


II. IUS AUXILII LATIO
(Concerning Defending the Res Publica and the Citizenship.)

A. Since the Ius Auxilii Ferendi is a fundamental prerogative of a Tribunus Plebis as set in IV.7.A of our Constitutio, in order for an act of intercessio to be valid the following procedure must be followed whether it is requested by a citizen or by ex-officio.

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


a. The official name(s) of the citizen(s) who has requested the Tribunus Plebis to issue the intercessio, or the official name(s) of the citizen(s) on whose behalf the Tribunus has provided auxilium ex officio.

b. The official name and office of the magistrate(s) against whose act(s) or acts the intercessio or auxilium has been interposed.

c. The article(s) of the Constitution or the leges violated by the magistrate's act(s).

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

3. When a Tribunus Plebis issues an intercessio against the act(s) of another Tribunus Plebis, it must include the following elements:

a. The official name and office of the Tribuni Plebis against whose act(s) that intercessio is interposed.

b. The article(s) of the Constitution or the leges violated by the Tribunus Plebis' act(s).

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

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

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

C. Resolving Disputes Among the Plebs.

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


III. TRIBUNICIA POTESTAS.
(Concerning the Defence of the Tribunus Plebis)

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

A. Summa Coercendi Potestas.

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


B. Potestas Sacrosancta.

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

(VOTED YES)

LEX MORAVIA DE NUNTIANDO TRIBUNICIO SENATUSCONSULTA

Preamble:
The purpose of this law is to define the procedures that the Tribunes shall follow when reporting the Senate meetings to the citizens of Nova Roma. The Tribunus Plebis shall hereby be referred to as the reporting Tribune.

I. Procedures for reporting the Senate's Call to order

A. The reporting Tribune) shall publish the agenda of the Senate's meeting in the Nova Roma and the Comitia Plebis Tributa fora within 72 hours of the presiding magistrate's call to order of the Senate.

B. Within this announcement to the people, the Tribune shall include:
i. The date that the Senate has been called to order as well as the date when voting shall begin and the date when voting shall end.
ii. A summary of the items on the Senate's agenda which shall be discussed and voted on iii. Any additional comments that the reporting Tribune feels are necessary for the people's better
understanding of the agenda.
iv. If the Senate will be voting on an item which is of a confidential nature (for example the dismissal of a citizen) for the protection of the citizen(s) in question, the reporting Tribune should confer with the Senate as to what details of the vote should be reported to the citizens.

II. Procedures for reporting the results of the Senate's meetings

A. The reporting Tribune shall report the results of the Senate meeting in the Nova Roma and the Comitia Plebis Tributa fora within 168 hours (7 days) of the close of voting of the Senate.

B. Within the report to the people, the Tribune shall include:
1. The date that the Senate was called to order as well as the date that voting began and the date that voting ended.
2. A list of the full names and initials of all Senators who voted.
3. The full name of the Senators who were empowered by fellow Senators to present his/her vote by proxy.
4. The full name of the Senators who did not vote.
5. The number of yes ('vti rogas') votes necessary in order for an agenda item to be passed

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

(VOTED YES)

LEX MORAVIA DE SVFFRAGIIS

IN COMITIA PLEBIS TRIBVTA ET RATIONE COMITIORUM PLEBIS TRIBUTORUM


Preamble: Whereas this year Nova Roma has suffered through seemingly endless runoff elections in the Comitia Plebis Tributa, the current laws relating to electoral procedure have been proven inefficient. The LEX MORAVIA DE SVFFRAGIIS IN COMITIA PLEBIS TRIBVTA ET RATIONE COMITIORUM PLEBIS TRIBUTORUM is hereby enacted to define the procedures by which the Comitia Plebis Tributa shall conduct the business of electing magistrates, voting on a Plebiscite(s) or to conduct a trial.

I. The Lex Salicia de Suffragiis in Comitia Plebis Tributa is hereby repealed.

II. The Lex Labiena de Ratione Comitiorum Plebis Tributorum is hereby repealed.

III. 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 COMITIA PLEBIS TRIBVTA ET RATIONE COMITIORUM PLEBIS TRIBUTORUM. Where they are in conflict, the LEX MORAVIA DE SVFFRAGIIS IN COMITIA PLEBIS TRIBVTA ET RATIONE COMITIORUM PLEBIS TRIBUTORUM 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.


1.

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 is 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.

Any special instructions that are relevant to the mechanics of the vote, if any.



1.

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



1.

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 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 office for which they are running
3.

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

The proposed dates of the contio and the voting.


2.

Should the auspices be favourable, the presiding magistrate shall call the Comitia Plebis Tributa to order.


C. 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 on.


1. In the event that, in an election for a magisterial ofice, 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 shall be shortened to 24 hours.


E. During the Contio, those Constitutionally empowered to do so may exercise their powers of intercessio, nuntiatio 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 vote at a later time.

F. The period between the start and end of the voting in a magisterial election or on Plebiscites(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 Rogatores shall tally the vote and shall deliver the results to the presiding magistrate within 48 hours of the close of the voting period.


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


VI. Voting Procedures for Magisterial Elections


1.

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.


1.

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.


1.

Each voter shall be given opportunity to cast their vote in the manner which as follows:

1.

The ballot shall consist of a listing of the candidates for office listed in alphabetical order based on the candidates' Nomen, Praenomen, and where applicable cognomen and agnomen(s). 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 open vacancies, a new election shall be called within 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:

1.

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.
2.

If the above does not settle the tie then the Rogators are instructed to cast lots in a manner that gives each tied candidate equal odds of winning the tie.
3.

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. & VI.d.2.ii)



VII. Voting procedures for Plebiscite(s)s


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 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.


1.

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


1.

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).


5.

In order for a Plebiscite(s) to be enacted as law the Plebiscite(s) 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 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.


2.

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. The ballot shall be constructed as follows:


1. The name of the accused, and the charges and specifications of which they are accused.

1.

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

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

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. In order for a citizen to be convicted, no fewer than 18 of the 35 tribes shall vote 'condemno'.


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


10.

A ballot that is a mix of Election for Office, 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.


10.

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


(VOTED YES)



submitting vote... (note to self: tacking code is 1257)

Comments

( 2 comments — Leave a comment )
sleepybluekitty
Nov. 9th, 2003 05:39 am (UTC)
wow
that is some long set of rules! Is this a club for star trek that you belong to? I went to the website but I don't think I quite got what it is all about.
( 2 comments — Leave a comment )