Lepidus was elected as
consul prior for 78 BC with
Quintus Lutatius Catulus as his colleague.
Ronald Syme believed that there were only two candidates that year, but it is likely that the election was freely contested. According to
Plutarch,
Pompey supported his election and canvassed for him, against the wishes of Sulla, who did not trust Lepidus. Plutarch's claims about the importance of Pompey's help cannot be taken at face value, due to his "tendency to exaggerate the impact of the major players"; Lepidus' noble ancestry, public work on the
basilica Aemilia, and possible bribery (per Sallust) also played to his advantage in the election. It also is unclear whether Sulla in fact opposed Lepidus' candidature. During his term, Lepidus exploited the grievances of those who had lost the civil war against Sulla, campaigning against a public funeral for Sulla, who had died that year, and also for a
damnatio memoriae on the dictator. However, his consular colleague
Quintus Lutatius Catulus, with the support of Pompey, was successful in securing the dictator a lavish public funeral, perhaps out of the interest of the post-Sullan victors to legitimise Sulla's laws and reforms. Lepidus continued however to agitate for the restoration of confiscated property, re-enfranchisement of those who lost their civil or political rights under Sulla, recall of exiled citizens, and repeal of Sullan legislation. Many of those who had profited or otherwise benefitted from the proscriptions opposed recall of the exiles, fearing that the exiles would initiate prosecutions or demand return of their former property. Lepidus also was successful in securing the passage of a
lex frumentaria (law providing for the distribution of grain) to the urban plebs. He opposed, however, restoration of the political rights of the tribunes, arguing – in a now lost speech – that restoration would not be in the public interest. He also quarrelled with his colleague over the appointment of an urban prefect. Lepidus' populist rhetoric "brought results, perhaps even unforeseen results" when, at Faesulae in Etruria, the townsmen attacked Sulla's veteran colonies. Lepidus and his colleague Catulus were assigned by the
senate to deal with the emergency. Gruen remarks explicitly that "evidently the senate did not feel that Lepidus'... pronouncements had compromised him to the point where he could not be sent to stifle an insurrection inspired by his own propaganda". Lepidus had expected to widen his political support after Sulla's death by canvassing with opponents of the dictator, actions which were not seen by the senate as indicative of revolutionary sedition. Soon after arriving in Etruria, however, the insurgents acclaimed Lepidus as their leader, a position he accepted in the face of mass popular support in the region. Even after Lepidus had sided with the rebels, the senate did not act against him, awarding him the provinces of Gallia Transalpina and Cisalpina by regular procedure and instructed the two consuls not to engage in conflict with each other. This indicates substantial support for Lepidus still existed in the senate. It was only when Lepidus was ordered to return home to conduct consular elections did the senate turn against him: he demanded a consecutive consulship, "a condition which he must have known was unacceptable", and refused. ==Rebellion==