Nomination Paper Reminders

Training for: Legal Notes

January has arrived and planning for spring elections is well underway across the state. Below are some brief reminders about nomination papers for municipalities that have adopted secret (Australian) ballot election procedures (30-A M.R.S. § 2528), or that have voted to require nomination papers even though elections are held on the floor of an open town meeting (30-A M.R.S. § 2527).

Unless otherwise provided by municipal charter, time frames for availability and filing of nomination papers are governed by 30-A M.R.S. § 2528. Nomination papers must be filed with the municipal clerk by the 60th day before the election. If the filing deadline falls on a weekend or holiday, the deadline is the next day that is not a Saturday, Sunday, or holiday. Nomination papers must be available for circulation 40 days before the filing deadline, which usually equates to the 100th day before the election (unless the filing deadline was modified because it fell on a holiday or weekend).

Remember, nomination papers may only be issued by the municipal clerk, who must write the name of the candidate and the title and term of the office sought on each sheet. We recommend that papers also contain: (1) the last day and time by which papers may be filed (i.e., the close of business hours on the 60th day before election day); (2) a reminder that a signed candidate’s consent must be filed with the nomination paper(s); and (3) a prominent statement that the original papers and consent must be delivered in hand or by mail (faxed or e-mailed copies cannot be accepted). Candidates may not create, or make additional copies of, their own papers. It is also strongly suggested that the clerk maintain a list of all papers issued and to whom issued.

It is especially important to include the term of office on nomination papers when there are multiple seats available on the same board or committee. Separate papers (and separate ballot questions) are required when openings on the same board carry different terms (e.g., one seat is for 3-years, another is for 1-year).

Nomination papers must be signed by between 3 and 100 registered voters depending on the municipality’s population. See 30-A M.R.S. § 2528(4). Voters must include their residence and street number (if any) along with their signature. Voters may sign as many nomination papers as they wish for each vacant office.

Any person may request and circulate papers on behalf of a candidate – it need not be with the candidate’s knowledge or consent, although the candidate’s consent must accompany papers when filed. A circulator may circulate papers for multiple candidates or offices. The circulator need not witness signatures, vouch for the signer’s identity, or execute an affidavit or statement of any kind.

For more information and sample forms, see MMA Legal Services Town Meeting & Elections Manual available free to members at www.memun.org. (S.F.P.)

January has arrived and planning for spring elections is well underway across the state. Below are some brief reminders about nomination papers for municipalities that have adopted secret (Australian) ballot election procedures (30-A M.R.S. § 2528), or that have voted to require nomination papers even though elections are held on the floor of an open town meeting (30-A M.R.S. § 2527).

Unless otherwise provided by municipal charter, time frames for availability and filing of nomination papers are governed by 30-A M.R.S. § 2528. Nomination papers must be filed with the municipal clerk by the 60th day before the election. If the filing deadline falls on a weekend or holiday, the deadline is the next day that is not a Saturday, Sunday, or holiday. Nomination papers must be available for circulation 40 days before the filing deadline, which usually equates to the 100th day before the election (unless the filing deadline was modified because it fell on a holiday or weekend).

Remember, nomination papers may only be issued by the municipal clerk, who must write the name of the candidate and the title and term of the office sought on each sheet. We recommend that papers also contain: (1) the last day and time by which papers may be filed (i.e., the close of business hours on the 60th day before election day); (2) a reminder that a signed candidate’s consent must be filed with the nomination paper(s); and (3) a prominent statement that the original papers and consent must be delivered in hand or by mail (faxed or e-mailed copies cannot be accepted). Candidates may not create, or make additional copies of, their own papers. It is also strongly suggested that the clerk maintain a list of all papers issued and to whom issued.

It is especially important to include the term of office on nomination papers when there are multiple seats available on the same board or committee. Separate papers (and separate ballot questions) are required when openings on the same board carry different terms (e.g., one seat is for 3-years, another is for 1-year).

Nomination papers must be signed by between 3 and 100 registered voters depending on the municipality’s population. See 30-A M.R.S. § 2528(4). Voters must include their residence and street number (if any) along with their signature. Voters may sign as many nomination papers as they wish for each vacant office.

Any person may request and circulate papers on behalf of a candidate – it need not be with the candidate’s knowledge or consent, although the candidate’s consent must accompany papers when filed. A circulator may circulate papers for multiple candidates or offices. The circulator need not witness signatures, vouch for the signer’s identity, or execute an affidavit or statement of any kind.

For more information and sample forms, see MMA Legal Services Town Meeting & Elections Manual available free to members at www.memun.org. (S.F.P.)