With only eight days until the 2010 municipal nominations close, two of Dufferin’s three town councils will avoid becoming “lame ducks” and be able to carry on business as usual – at least until Oct. 25, the date of the election.

The lame duck rule, for both the lower and uppertier councils, requires that a clear 75% or more of incumbents must have filed on or before nomination date. If that percentage is achieved, the council does not become “lame duck.”

But it is put to the same test following the election. If at least 75% of incumbents are not re-elected, that council become a lame duck until the swearing in of the new council.

On nomination date, the test of the 75% rule is whether it is a certainty that the required number could not be returned to the council. It matters not that they might not be.

As all lower-tier mayors and deputies except Mayor Debbie Fawcett of Melancthon have filed, there could be a return of 13 of the 14 members of county council. This more than satisfies the 75% rule, so the upper tier will not be lame duck prior to the election.

Both Shelburne and Orangeville have nominations from at least 75% of their present members of council, but Mono would have only three of its present five members on the new council as nominations stood Wednesday.

In Mono’s case, four of the five present members - or 80% — have filed nominations. But Councillor Laura Ryan is running against Mayor Lorie Haddock.

Thus, as things stand, it would be impossible to reelect 75% of the present members.

“The use of the word ‘will’ (in the Municipal Act) suggests that there is a determination that the council will with certainty have less than 75 per cent of the members of the old council - not that it ‘may’ have less,” says municipal law specialist Fred Dean, writing for Municipal World.

In Shelburne, all present members of the council except Councillor A.J. Cavey have filed. Both the mayor and deputy have been acclaimed to date, but there are two persons running against the four incumbent councillors who have filed.

In Orangeville, the required six of seven incumbents are nominated. This satisfies the 75% requirement to avoid lame duck status between Sept. 10 and Oct. 25, but anything can happen in the election as there are seven challengers for all seats except the mayor’s.

Amaranth will not be a lame duck council on nomination day.

There, all five members are looking to return, except that Councillor Percy Way is challenging Deputy Mayor Walter Kolodziechuk. That leaves a possibility that four of the five members could be re-elected.s

Melancthon council, where a group of citizens has been waging a virtual war in favour of enacting a demolition bylaw and designating a Specialty Crops area, is certain to be a lame duck as only two members have filed.

Of those, Deputy Mayor Bill Hill is vying for mayor and Councillor Darren White want to move to the deputy’s chair. Both are opposed by newcomers.

But things could change. The council would not be lame duck if Mayor Debbie Fawcett and Councillor John Crowe were to file for council seats. Four would be the magic number.

Mulmur is in a similar position. It would become a lame duck unless at least Councillor Jeff Sedgwick files. At the moment, there are four running, but Councillor Rhonda Campbell Moon is challenging Deputy Sue Snider. This means that only three could be elected.

East Luther Grand Valley appears headed for lame duck status as only three of its incumbent members could possibly be elected.

In East Garafraxa, all members except Allan Boynton are filing filing for re-election.

Only three of those could be elected as Councillor Tom Nevills is challenging Mayor Allen Taylor. The council will be lame duck as of Sept. 10.

Lame duck councils cannot appointment or remove from office of any officer of the municipality; or the hire or dismiss of any employee of the municipality.

As well, except for emergencies or items that have been included in the budget, they cannot dispose of property, spend or borrow to a value of more than $50,000, according to the Act.