Legal Definitions - directory statute

A directory statute is a type of law that provides guidance or a recommended procedure for how something should be done, but does not strictly require absolute, perfect compliance. Unlike a "mandatory statute" where every detail must be followed precisely, a directory statute allows for minor deviations from the prescribed method without invalidating the action taken, as long as the essential purpose of the law is achieved.

Courts often determine whether a statute is directory by examining the legislature's intent, the language used (e.g., "may" versus "shall"), and the consequences of strict versus lenient interpretation. If the core objective of the law is met despite a slight departure from the specified procedure, a court is likely to consider the statute directory.

• Example 1: Public Meeting Notices

  Imagine a local ordinance stating that notices for city council meetings "should be posted on the municipal bulletin board at least 24 hours before the meeting." If, due to an unforeseen technical issue, a notice is posted 23 hours and 45 minutes in advance, but is also widely publicized on the city's website and social media, and the public is clearly aware of the meeting, a court might consider the "24 hours" and "municipal bulletin board" provisions to be directory. The essential purpose of informing the public was fulfilled, despite a minor deviation from the exact procedure.

• Example 2: Administrative Filing Requirements

  Consider a state regulation for obtaining a specific business license that states applications "are encouraged to be submitted in a blue folder with a cover sheet listing all enclosed documents." If an applicant submits their complete application in a clear folder without a cover sheet, but all required information and documents are present and easily identifiable by the agency, a court would likely view the color of the folder and the cover sheet as directory requirements. The core objective of receiving a complete application was met, and the minor procedural difference does not hinder the agency's ability to process it.

• Example 3: Minor Election Procedures

  A statute might specify that election officials "shall endeavor to use red ink when signing ballot envelopes." If, on election day, an official inadvertently uses blue ink for a few envelopes because red ink pens ran out, and there is no evidence of fraud or tampering, a court would likely interpret the "red ink" provision as directory. The fundamental purpose of the signature (to authenticate the envelope) was achieved, and the color of the ink does not compromise the integrity of the election process.