Shorter Nominations for Special Elections

Training for: Legal Notes

For municipalities that elect officials by secret ballot, there is a statute that authorizes the municipal officers (selectmen or councilors) to shorten the normal nomination process when they decide to fill an unanticipated vacancy that can only be filled by election. (Generally this applies only to the office of selectman or councilor and only to vacancies due to death, resignation, etc.)

Under these specific circumstances, 30-A M.R.S.A. § 2528(4)(E) permits the municipal officers to shorten the normal 40-day period for the availability of nomination papers to as few as 10 days. They may also shorten the normal 45-day [now 60-day] filing deadline to as few as 14 days before the election. Thus, the total 85-day [now 100-day] nomination process can be shortened to as few as 24 days.

If the municipal officers do decide to shorten the nomination process, this should be done by motion and vote at a properly noticed public meeting of the board. Also, the municipal clerk should be notified immediately so that the clerk will know which nomination papers to prepare and what time periods govern them.

There are two other procedural requirements as well. Notice of the shorter times must be posted wherever town meeting warrants are posted, and local representatives of the media must be notified.

One unanswered question is how absentee ballots can be made available for a full 30 days before the election, as required by 21-A M.R.S.A. § 752, if the filing deadline for nomination papers has been shortened to less than 30 days (even to as few as 14 days) before the election. The law is totally silent on this dilemma. Perhaps the best answer is to set at least a 30-day filing deadline if possible; if not, the clerk should endeavor to have absentee ballots prepared as soon as possible after nomination papers have been filed.

For more on the secret ballot nomination process, see Chapter 8 of our Town Meeting & Elections Manual, available free to members at www.memun.org. (By R.P.F.)

For municipalities that elect officials by secret ballot, there is a statute that authorizes the municipal officers (selectmen or councilors) to shorten the normal nomination process when they decide to fill an unanticipated vacancy that can only be filled by election. (Generally this applies only to the office of selectman or councilor and only to vacancies due to death, resignation, etc.)

Under these specific circumstances, 30-A M.R.S.A. § 2528(4)(E) permits the municipal officers to shorten the normal 40-day period for the availability of nomination papers to as few as 10 days. They may also shorten the normal 45-day [now 60-day] filing deadline to as few as 14 days before the election. Thus, the total 85-day [now 100-day] nomination process can be shortened to as few as 24 days.

If the municipal officers do decide to shorten the nomination process, this should be done by motion and vote at a properly noticed public meeting of the board. Also, the municipal clerk should be notified immediately so that the clerk will know which nomination papers to prepare and what time periods govern them.

There are two other procedural requirements as well. Notice of the shorter times must be posted wherever town meeting warrants are posted, and local representatives of the media must be notified.

One unanswered question is how absentee ballots can be made available for a full 30 days before the election, as required by 21-A M.R.S.A. § 752, if the filing deadline for nomination papers has been shortened to less than 30 days (even to as few as 14 days) before the election. The law is totally silent on this dilemma. Perhaps the best answer is to set at least a 30-day filing deadline if possible; if not, the clerk should endeavor to have absentee ballots prepared as soon as possible after nomination papers have been filed.

For more on the secret ballot nomination process, see Chapter 8 of our Town Meeting & Elections Manual, available free to members at www.memun.org. (By R.P.F.)