Maine § 30-A §2602 Vacancy in municipal office

Maine Statutes

§ 30-A §2602 — Vacancy in municipal office

Maine § 30-A §2602

Title 30-AMUNICIPALITIES AND COUNTIES

Part 2MUNICIPALITIES

Ch. 123MUNICIPAL OFFICIALS

This text of Maine § 30-A §2602 (Vacancy in municipal office) is published on Counsel Stack Legal Research, covering Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Me. Rev. Stat. tit. 30-A, § 30-A §2602 (2026).

Text

1.When vacancy exists. A vacancy in a municipal office may occur by the following means:

2.Vacancy in office other than member of select board or school committee. When there is a vacancy in a town office other than a vacancy on the select board or school committee, the select board may appoint a qualified person to fill the vacancy.

3.Vacancy in office of member of select board. When there is a vacancy on the select board, the select board may call a town meeting to elect a qualified person to fill the vacancy.

4.Vacancy in school committee. A vacancy in a municipality's school committee shall be filled as provided in Title 20‑A, section 2305, subsection 4.

5.Person appointed qualifies. The person appointed to fill a vacant office must qualify in the same manner as one chosen in the

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1.
When vacancy exists.
A vacancy in a municipal office may occur by the following means:
2.
Vacancy in office other than member of select board or school committee.
When there is a vacancy in a town office other than a vacancy on the select board or school committee, the select board may appoint a qualified person to fill the vacancy.
3.
Vacancy in office of member of select board.
When there is a vacancy on the select board, the select board may call a town meeting to elect a qualified person to fill the vacancy.
4.
Vacancy in school committee.
A vacancy in a municipality's school committee shall be filled as provided in Title 20‑A, section 2305, subsection 4.
5.
Person appointed qualifies.
The person appointed to fill a vacant office must qualify in the same manner as one chosen in the regular course of municipal activity.
6.
Home rule authority.
Under its home rule authority, a municipality may apply different provisions governing the existence of vacancies in municipal offices and the method of filling those vacancies as follows:
7.
Authority to act.
Words in any statute, charter or ordinance giving authority to 3 or more persons authorize a majority to act when the statute, charter or ordinance does not otherwise specify. Notwithstanding any law to the contrary, a vacancy on an elected or appointed municipal or quasi-municipal body does not in itself impair the authority of the remaining members to act unless a statute, charter or ordinance expressly prohibits the municipal or quasi-municipal body from acting during the period of any vacancy and does not in itself affect the validity of any action no matter when taken.

Legislative History

PL 1987, c. 737, §§A2,C106 (NEW). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,10 (AMD). PL 1991, c. 270, §3 (AMD). PL 1993, c. 369, §1 (AMD). PL 2007, c. 396, §3 (AMD). PL 2007, c. 396, §4 (AFF). PL 2011, c. 324, §§2-4 (AMD). PL 2021, c. 275, §§34, 35 (AMD).