By MARJORIE NEEDHAM
When First Selectwoman-elect Jennifer Mahr was sworn in December 1, her seat as a selectwoman became vacant and needed to be filled. Although the town charter outlines a procedure for doing so, determining exactly how this will be done has required Mahr and Town Clerk Brigitte Bessette to delve deeper, carefully researching applicable state statutes. Working together, they developed the following plan, which Mahr said she has shared with the chairs of both town committees. The steps include references to the applicable town charter section and Connecticut General Statutes (CGS). The town charter is available online at Middlebury-CT.org and the state statutes are online at www.cga.ct.gov/current/pub/titles.htm.
At the first meeting of the new Board of Selectmen (Mahr and Selectman J. Paul Vance Jr.) on December 3, 2025, Mahr declared the selectman seat vacant as described in Step 1. All the steps, including Step 1, are as follows:
Step 1. Vacancy
The seat became vacant 12/1/2025. At the first Board of Selectmen meeting after 12/1/2025:
Remaining members formally declare vacancy exists – Town Charter Sec. 302 C(2).
Remaining members begin vacancy-filling process under CGS § 9-222.
The Board of Selectmen met Wednesday, December 3, 2025.
Step 2. Remaining Selectmen to Fill Vacancy
Statute: CGS § 9-222
Deadline: 12/31/2025
Remaining selectmen to appoint a replacement within 30 days of the vacancy.
IF the remaining selectmen fill the vacancy before 12/31/2025:
Option – Special-Election Petition
- A petition may be filed within 15 days after the appointment.
- Petition must contain signatures of electors equal to 5% of the last completed registry list.
- Upon valid filing, the town clerk calls a special election.
IF the remaining selectmen do NOT fill the vacancy by 12/31/2025:
Step 3. Town Clerk Action (10-Day Deadline)
Deadline: 1/10/2026
- Town clerk must notify all elective town officers that the vacancy was not filled.
- Elective Town Officers are the Town Clerk, Tax Collector, Treasurer and Registrars of Voters
Step 4. Elective Town Officers to Fill Vacancy
Deadline: 1/30/2026
Elective town officers must fill the vacancy within 60 days after the date of occurrence.
IF the elective town officers fill the vacancy by 1/30/2026:
Option Special-Election Petition
- A petition may be filed within 15 days after appointment.
- Requires signatures of electors equal to 5% of the last completed registry list.
- Upon filing, the town clerk calls a special election.
Step 5. Term of Appointee
- Appointee serves until 12/6/2027, OR
- Until a special election is triggered by a valid petition (must be filed within 15 days of appointment by remaining selectmen or such elective town officers).
Step 6. Special Election (If Petition Is Filed)
- Board of Selectmen sets the special election date.
- Board of Selectmen files notice of the election date with the municipal clerk.
- • Special election is held according to:
o CGS § 9-164(B)(b)
o CGS § 9-450
o CGS § 9-459
