Readers Questions Answered. How Does One Elected Office Require an Election to Fill, and Another Not Show on the Ballot??

There have been many questions regarding the Selectmen's vote on Thursday evening June 11 as to the legality of the Selectmen naming Tom Torno as Acting Road Commissioner to fulfill the term his father Larry Torno was elected to fill, which was left vacant by his Valentines Day death.
The questions have included why the position was not included on the June 9th Town Election ballot and why when the Selectmen's postion was vacant, the position was put on the ballot to elect someone to fill the term of Selectman Karen Gerrish when she was elected into the State Representative's positon.
The answer is.........
According to the State of Maine Rules for Governing Municipalities and Counties, if a Elected Department head vacates their position for any number of reasons, the Selectmen MAY opt to name someone to serve the remainder of the term. They MAY opt to oversee that department themselves.
The documentation also states that if the office of Selectmen is vacated for any number of reasons, the Selectmen MAY opt to call a Town Meeting to elect someone to fill the vacancy until the remainder of the elected term.

 

 

 Here are the direct rules governing those policies as set by the State of Maine............

2. Vacancy in office other than selectman or school committee. When there is a vacancy in a town

office other than that of selectman or school committee, the selectmen may appoint a qualified person to fill
the vacancy.
 

[ 1991, c. 270, §3 (AMD) .]

 

3. Vacancy in office of selectman. When there is a vacancy in the office of selectman, the selectmen

may call a town meeting to elect a qualified person to fill the vacancy.
 [ 1991, c. 270, §3 (AMD) .]



You can find the entire document regarding the Rules for governing municipalities and counties on the maine .gov site HERE:

http://legislature.maine.gov/statutes/30-A/title30-Ach123.pdf

Hope this helps!!!