2018.04.04 Council Agenda Item 02
Summary
Order to shorten the availability of nomination papers to fill the vacant Council seat in accordance with M.R.S.A. Title 30-A § 4(E).
A public comment period will be included with this item (3 minutes).
ACTION: Council action is anticipated.
Description
According to Sec. 211 of the Town Charter: Vacancies in Council. If a seat in the Council becomes vacant more than 6 months prior to the next regular Town election, the vacancy shall be filled for the unexpired term within 60 days from the date that the vacancy occurred by a special election, the warrant for which shall, upon the vote of the Town Council, be issued by a member of the Town Council, by vote designated for that duty.
Town staff and the Town Attorney agree that the position is to be filled at the June election if the seat was vacated less than 6 months before the election and if the state election laws could accommodate reasonable timing.
The attached order would shorten the availability of nomination papers to match the current filing deadline (Tuesday, April 17) for the June 12 election. The shortened filing deadline is permissible under state law and would allow for this position to be on the June 12 ballot.
The Town Attorney also indicated that the Council may have the right to schedule a special election in August or early September, but the Charter intent is to fill the seat at the June election if there is reasonable time and statutes allow it.
