EX DOMO M HORATIUS CONSUL ITERUM SVR SODALIBUS SPD:
EDICTUM CONSULARIS De VACUITATE
In the event of a magisterial vacancy the Senate, acting through the consules, may at its discretion decide to appoint a replacement in accordance with the following provisions.
I. Notification of a magisterial vacancy is to be made in the Senate. Any senator may give such notification. Vacancies occur when
a. A magistratus resigns from office.
b. A magistratus is recalled from office.
c. A magistratus is removed from office by an adjudicial decision.
d. A magistratus gives notice to the Senate of a temporay absence to exceed one month.
e. A magistratus without prior notification to the Senate becomes inactive for more than four weeks and does not respond to any communications made by members of the Senate. Such a vacancy shall be considered temporary with the magistratus allowed to return to office. If however a magistratus remains inactive and incommunicato for more than twelve (12) weeks the Senate may at its discretion declare the office vacated and remove the magistratus from office.
II. When the Senate has agreed that a vacancy in office exists, the consul currently chairing the Senate will then call for recommendations by the Senate on individuals who may fill such vacancies. The Senate may also discuss, and decide whether to fill the vacancy or leave it open until the following elections of the Comitia Generalis.
III.a. The consules will then collegially select an individual sodalis from among those recommended by the Senate to fill the vacancy as a magistratus suffectus for a period not to exceed six (6) months. In the event where a temporary vacancy exceeding one month but less than six months would occur, with the elected magistratus then expected to resume his or her office, the consules may at their discretion, and with the approval of a majority of those voting in the Senate, appoint a magistratus suffectus for the duration of the absence or otherwise allow the vacancy. If the elected magistratus is expected to be absent for more than four months, any senator may request a vote of the Senate to vacate the office. If a two-thirds majority of the votes cast in the Senate are in favor of vacating the office, then the magistratus is removed from office and the consules are to proceed with appointing a magistratus suffectus by seeking the recommendations of the Senate.
III.b. If a vacancy occurs within the first six months of the year, January through June, and if the office is so declared by the authority of the Senate to be vacated, with or without a magistratus suffectus having been appointed, the consules shall declare the office open and call for candidates in an election by the Comitia Generalis of a new magistratus suffectus for the remaining portion of the term of office. The elections will be held in concurrance with collegial elections of rectores. An appointed magistratus suffectus may stand as a candidate for the same office that he or she holds by consular appointment.
IV. The consules will submit to the censores the name of any individual they have appointed to fill a magisterial vacancy. Either censor may reject the appointment and the consules would then have to make an alternative selection to submit to the censores. If therefore the censores do not object to the candidate, or do not give any opinion, the consular appointment of a magistratus suffectus shall be regarded as approved and the individual admitted in office and to the Senate. [Clarification: Either censor may, in effect, veto a particular candidate for appointment as a magistratus suffectus, but may not veto the Senate's decision to vacate the office or its decision to appoint some sodalis as a magistratus suffectus.]
V. Rectores are not magistrates. Vacancies of rectorships may occur in a similar manner as with magisterial offices. A declaration of a rectorial vacancy is made in the Senate. The procedures for filling vacant rectorships, however, consists of the consules collegially appointing a prorector, or else acting as joint prorectores themselves. Advice and consent of the Senate and/or the censores is not required for the appointment of a prorector. A prorector is authorized solely to hold elections in a collegium for a new rector. The prorector is not authorized to act as a rector. A prorector may not be a candidate in an election that he or she oversees. A vacant rectorship is filled solely by election in the respective collegium.
QBFF Sit
XVI KAL OCT MMDCCLVI