Drafting Warrant Articles

Training for: Legal Notes

For an overwhelming majority of Maine’s 486 municipalities, the town meeting is the municipal legislative body, empowered to elect officials and adopt ordinances and budgets. The town meeting “warrant” calls the town meeting, notifies voters to assemble and simultaneously warns and assures voters of the potential reach of the town meeting’s actions. The select board must approve and sign the warrant. The board has final say on which articles will be included and their precise wording – absent a municipal charter or a binding voter petition.

Below are some guidelines for drafting warrant articles:

• All intended items of business must be stated in distinct articles on the warrant; no other business may be conducted by the town meeting.

• Articles should be clear, concise, and involve only one subject. Traditionally, open town meeting articles begin with: “To see if the Town will vote to . . .”

• The first article on every warrant, including warrants calling secret ballot elections, must call for the election of a moderator by written ballot.

• Special wording is required for articles proposing ordinances for enactment. An attested copy of the ordinance must be posted with the warrant, or if over 10 pages, must be available in the clerk’s office.

• State law also specifies the wording of and method of voting on some articles (e.g., liquor option, school budget, charter adoption/amendment/revision).

• The select board may draft articles broadly or narrowly depending on how much flexibility the board wishes to allow voters. A broadly worded article generally seeks voter discussion on a range of options; it is appropriate if the select board wants voters to determine priorities and choose among options. Narrowly worded articles are used when the board has already determined the best course of action and seeks approval or denial of a specific proposal.

• Voters have limited ability to amend articles from the floor of the meeting, depending largely on how the select board has drafted the question. Amendments may not alter the substance of the article but may clarify details. Generally, the more specific the article, the less ability voters have to amend it. Articles proposing ordinances for enactment cannot be amended from the floor of the meeting.

• “Capped” budget articles state a specific dollar amount in the text of the article, which may be decreased by amendment but not increased. “Uncapped” or open-ended budget articles state no dollar amount in the article, although a specific recommendation may appear below the article. A motion from the floor is required to specify the amount and (usually) the funding source; voters may approve any dollar amount, including an amount greater than the amount recommended.

• Referendum questions must appear on the warrant exactly as they will appear on the ballot. They should be phrased as “yes” or “no” questions and contain all necessary information, including specific appropriation amounts and funding sources. Referendum questions typically begin with: “Shall the Town . . .” or “Do you favor. . . ”

• Before finalizing an article, the select board should confirm that the proposed action is legal, is within the town’s home rule authority, is supported by a public purpose, and complies with any applicable time frames.

• Explanatory notes and recommendations may accompany any open meeting articles. Recommendations should be s

For an overwhelming majority of Maine’s 486 municipalities, the town meeting is the municipal legislative body, empowered to elect officials and adopt ordinances and budgets. The town meeting “warrant” calls the town meeting, notifies voters to assemble and simultaneously warns and assures voters of the potential reach of the town meeting’s actions. The select board must approve and sign the warrant. The board has final say on which articles will be included and their precise wording – absent a municipal charter or a binding voter petition.

Below are some guidelines for drafting warrant articles:

• All intended items of business must be stated in distinct articles on the warrant; no other business may be conducted by the town meeting.

• Articles should be clear, concise, and involve only one subject. Traditionally, open town meeting articles begin with: “To see if the Town will vote to . . .”

• The first article on every warrant, including warrants calling secret ballot elections, must call for the election of a moderator by written ballot.

• Special wording is required for articles proposing ordinances for enactment. An attested copy of the ordinance must be posted with the warrant, or if over 10 pages, must be available in the clerk’s office.

• State law also specifies the wording of and method of voting on some articles (e.g., liquor option, school budget, charter adoption/amendment/revision).

• The select board may draft articles broadly or narrowly depending on how much flexibility the board wishes to allow voters. A broadly worded article generally seeks voter discussion on a range of options; it is appropriate if the select board wants voters to determine priorities and choose among options. Narrowly worded articles are used when the board has already determined the best course of action and seeks approval or denial of a specific proposal.

• Voters have limited ability to amend articles from the floor of the meeting, depending largely on how the select board has drafted the question. Amendments may not alter the substance of the article but may clarify details. Generally, the more specific the article, the less ability voters have to amend it. Articles proposing ordinances for enactment cannot be amended from the floor of the meeting.

• “Capped” budget articles state a specific dollar amount in the text of the article, which may be decreased by amendment but not increased. “Uncapped” or open-ended budget articles state no dollar amount in the article, although a specific recommendation may appear below the article. A motion from the floor is required to specify the amount and (usually) the funding source; voters may approve any dollar amount, including an amount greater than the amount recommended.

• Referendum questions must appear on the warrant exactly as they will appear on the ballot. They should be phrased as “yes” or “no” questions and contain all necessary information, including specific appropriation amounts and funding sources. Referendum questions typically begin with: “Shall the Town . . .” or “Do you favor. . . ”

• Before finalizing an article, the select board should confirm that the proposed action is legal, is within the town’s home rule authority, is supported by a public purpose, and complies with any applicable time frames.

• Explanatory notes and recommendations may accompany any open meeting articles. Recommendations should be separated from the text of the article and clearly identify their source. Note that referendum questions seeking an appropriation must include select board and budget committee recommendations, as well as school committee recommendations on school budget questions. Otherwise, no notes, explanations or recommendations should appear on a referendum ballot.

• Town meeting warrants need not be published in the annual town report; the report may include a draft warrant as a courtesy to voters, but this is not binding on the select board. The only warrant with any legal significance is a properly signed, attested, and posted warrant.

Sample article formats appear in the image below. For more information see MMA Legal Services’ Moderator’s Manual and Town Meeting & Elections Manual or contact us with questions. (By S.F.P.)

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SAMPLE WARRANT ARTICLE FORMATS:

Broadly Worded Article:

“To see what action the Town will take concerning the purchase of a fire vehicle and what funding, if any, shall be raised and/or appropriated.”

(Note: This article may be amended to take almost any related action, including to purchase a new or used fire vehicle of any specific type, set a purchase limit and funding source, and require specific purchasing procedures.)

Narrowly Worded Article:

“To see if the Town will vote to approve the purchase of a new ladder truck for the fire department and to appropriate up to $100,000 from unappropriated surplus for said purchase.”

(Note: This article cannot be amended to change the funding source, increase the purchase price, or change the type of vehicle proposed. The voters may clarify unaddressed details such as vehicle make and model, may decrease the purchase limit, and add details such as required purchase procedures.)

Capped Budget Article:

“To see if the Town will vote to raise and/or appropriate $100,000 for road maintenance.”

(Note: The amount may be decreased but not increased; the funding source is left open and may be determined by amendment.)

Uncapped Budget Article:

“To see what sum the Town will vote to raise and/ or appropriate for road maintenance.”

(Note: The article requires a motion from the floor to state the amount and source of funding. Any amount and funding source may be specified by amendment even if a specific recommendation accompanies the article.)

Ordinance Article:

“Shall an ordinance entitled ‘Anytown Land Use Ordinance’ be enacted?”

(An attested copy of the ordinance is attached to, and posted with, the warrant.)”

 

(Note: A “yes” or “no” vote is required; the ordinance cannot be amended from the floor.)

(By S.F.P.)