Maine Revised Statutes Title 30-A. Municipalities and Counties § 2602. Vacancy in municipal office

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.