Town Meeting Warrants – Posted Vs. Published

Training for: Legal Notes

(Reprinted as revised from the January 2010 Maine Townsman “Legal Notes.”)

Question: We publish our town meeting warrant in our annual town report in addition to posting it around town. Which is the “official” version?

Answer: The posted warrant. State law requires that an attested copy of a town meeting warrant be posted in a conspicuous, public place in the town at least seven days before the meeting. 30-A M.R.S. § ٢٥٢٣(٤). State law does not require that a warrant be published in the annual report (or anywhere else for that matter).

Many towns, as a matter of custom and convenience to residents, include a copy of the warrant in their annual reports, but this is not the official or legal version – only the posted warrant is. If a discrepancy exists between the posted and the published warrant, the posted warrant controls.

Since annual reports are usually prepared far ahead of the warrant’s posting, it is not uncommon for the warrant, if published, to be revised before posting. This is perfectly legal and legitimate and often necessary due to last-minute developments or changed circumstances. Once again, it is the posted warrant that controls.

If the published warrant is altered before posting, it may be advisable for the moderator to point out the changes before the business of the meeting begins. In addition, or in the alternative, copies of the posted warrant may be made available at or prior to the meeting. However, neither of these actions is legally required since the posting of the warrant is the only mandated notice or “warning” of the meeting and its business.

Confusion can also be avoided by including a conspicuous disclaimer on the draft warrant published in the annual report notifying voters that the published version is only a draft and directing voters to check the posted version for final wording.

For more on town meeting warrants, see MMA Legal Services’ Town Meeting & Elections Manual, available free to members at www.memun.org. (By R.P.F./S.F.P.)

(Reprinted as revised from the January 2010 Maine Townsman “Legal Notes.”)

Question: We publish our town meeting warrant in our annual town report in addition to posting it around town. Which is the “official” version?

Answer: The posted warrant. State law requires that an attested copy of a town meeting warrant be posted in a conspicuous, public place in the town at least seven days before the meeting. 30-A M.R.S. § 2523(4). State law does not require that a warrant be published in the annual report (or anywhere else for that matter).

Many towns, as a matter of custom and convenience to residents, include a copy of the warrant in their annual reports, but this is not the official or legal version – only the posted warrant is. If a discrepancy exists between the posted and the published warrant, the posted warrant controls.

Since annual reports are usually prepared far ahead of the warrant’s posting, it is not uncommon for the warrant, if published, to be revised before posting. This is perfectly legal and legitimate and often necessary due to last-minute developments or changed circumstances. Once again, it is the posted warrant that controls.

If the published warrant is altered before posting, it may be advisable for the moderator to point out the changes before the business of the meeting begins. In addition, or in the alternative, copies of the posted warrant may be made available at or prior to the meeting. However, neither of these actions is legally required since the posting of the warrant is the only mandated notice or “warning” of the meeting and its business.

Confusion can also be avoided by including a conspicuous disclaimer on the draft warrant published in the annual report notifying voters that the published version is only a draft and directing voters to check the posted version for final wording.

For more on town meeting warrants, see MMA Legal Services’ Town Meeting & Elections Manual, available free to members at www.memun.org. (By R.P.F./S.F.P.)