When to Post a Warrant

Training for: Legal Notes

The person to whom a town meeting warrant is directed (either a town constable or a town resident by name) must post an attested copy “in some conspicuous, public place in the town at least seven days before the meeting” unless otherwise provided by municipal charter (see 30-A M.R.S.A. § 2523(4).

Under this language, the day of the meeting itself is not included in the seven-day period, so to calculate the seventh day before the meeting, start with the day before and count back seven days, including weekends and holidays – this will be the last day on which the warrant can legally be posted.

Even so, what is not clear is whether the law requires at least seven 24-hour days’ notice before the meeting, or whether a posting at, say, 11:59 p.m. of the seventh day would be legally sufficient. We’d like to think a court would not interpret the statute this strictly, but to avoid the argument, the warrant could be posted on the seventh day no later than the hour specified for the meeting, or even better, the warrant could be posted eight days before the meeting.

If a town meeting warrant is not posted at least seven days before the meeting, the meeting will be illegal, and all action taken will be void (see, e.g., State v. Williams, 25 Me. 561 (1846)).

Incidentally, the same seven-day posting requirement applies whether it’s an annual or a special town meeting.

For more on what must be in a warrant and who can post it, see the last two issues of this magazine. For more on where to post it, see the next issue. (By R.P.F.)

The person to whom a town meeting warrant is directed (either a town constable or a town resident by name) must post an attested copy “in some conspicuous, public place in the town at least seven days before the meeting” unless otherwise provided by municipal charter (see 30-A M.R.S.A. § 2523(4).

Under this language, the day of the meeting itself is not included in the seven-day period, so to calculate the seventh day before the meeting, start with the day before and count back seven days, including weekends and holidays – this will be the last day on which the warrant can legally be posted.

Even so, what is not clear is whether the law requires at least seven 24-hour days’ notice before the meeting, or whether a posting at, say, 11:59 p.m. of the seventh day would be legally sufficient. We’d like to think a court would not interpret the statute this strictly, but to avoid the argument, the warrant could be posted on the seventh day no later than the hour specified for the meeting, or even better, the warrant could be posted eight days before the meeting.

If a town meeting warrant is not posted at least seven days before the meeting, the meeting will be illegal, and all action taken will be void (see, e.g., State v. Williams, 25 Me. 561 (1846)).

Incidentally, the same seven-day posting requirement applies whether it’s an annual or a special town meeting.

For more on what must be in a warrant and who can post it, see the last two issues of this magazine. For more on where to post it, see the next issue. (By R.P.F.)