Cancelling Town Meeting Due to Inclement Weather

Training for: Legal Notes

(Reprinted from the February 2009 Maine Townsman Legal Notes.)

We know town meetings can sometimes be “stormy” affairs, but what if last-minute bad weather makes it impossible (or unsafe) for people to attend?

There is no procedure under Maine law for cancelling or postponing a town meeting once it has been “called” (that is, once a warrant has been posted for at least seven days). The meeting must proceed at the time and place specified in the posted warrant. But if the municipal officers (selectmen or councilors) decide that weather conditions make it imprudent to conduct any business, they can proceed with as few as two voters and the clerk to open the meeting, elect and swear in a moderator and then adjourn without acting on any other articles. This effectively “cancels” or “postpones” the meeting.

The municipal officers may even advertise the meeting as being cancelled or postponed provided they arrange for a trusted few to actually be present and open and close the meeting. It would be foolish to neglect this last part since other voters could still show up and make political mischief if they were so inclined.

If a town meeting is opened and then immediately adjourned due to the weather, we recommend that a new warrant be posted even if the meeting was adjourned to a date certain (where, technically, a new warrant is not required). This is because most voters will expect to see a new warrant, and a new warrant will likely be the most effective way of notifying them of a rescheduled meeting.

The ability to truncate a town meeting by opening and closing it without acting on any business applies only to traditional “open” town meetings. Secret ballot elections cannot be opened and then adjourned without holding the election. A secret ballot election must proceed as scheduled, with the polls open for the full time specified in the posted warrant. If the turnout is exceptionally low, the municipal officers can schedule another election in most cases (except for the election of officials, which is final).

For more on town meetings, see our Town Meeting & Elections Manual, available free to members at www.memun.org. (By R.P.F.)

(Reprinted from the February 2009 Maine Townsman Legal Notes.)

We know town meetings can sometimes be “stormy” affairs, but what if last-minute bad weather makes it impossible (or unsafe) for people to attend?

There is no procedure under Maine law for cancelling or postponing a town meeting once it has been “called” (that is, once a warrant has been posted for at least seven days). The meeting must proceed at the time and place specified in the posted warrant. But if the municipal officers (selectmen or councilors) decide that weather conditions make it imprudent to conduct any business, they can proceed with as few as two voters and the clerk to open the meeting, elect and swear in a moderator and then adjourn without acting on any other articles. This effectively “cancels” or “postpones” the meeting.

The municipal officers may even advertise the meeting as being cancelled or postponed provided they arrange for a trusted few to actually be present and open and close the meeting. It would be foolish to neglect this last part since other voters could still show up and make political mischief if they were so inclined.

If a town meeting is opened and then immediately adjourned due to the weather, we recommend that a new warrant be posted even if the meeting was adjourned to a date certain (where, technically, a new warrant is not required). This is because most voters will expect to see a new warrant, and a new warrant will likely be the most effective way of notifying them of a rescheduled meeting.

The ability to truncate a town meeting by opening and closing it without acting on any business applies only to traditional “open” town meetings. Secret ballot elections cannot be opened and then adjourned without holding the election. A secret ballot election must proceed as scheduled, with the polls open for the full time specified in the posted warrant. If the turnout is exceptionally low, the municipal officers can schedule another election in most cases (except for the election of officials, which is final).

For more on town meetings, see our Town Meeting & Elections Manual, available free to members at www.memun.org. (By R.P.F.)