An Act To Provide for the Nonpartisan Election of County Officials

Sec. 1. 30-A MRSA §61, sub-§2,  as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:

Sec. 2. 30-A MRSA §63,  as amended by PL 1995, c. 245, §3 and c. 683, §4, is further amended to read:

§ 63. Vacancies during other times

When no choice is effected or a vacancy happens in the office of county commissioner by death, resignation, removal from the county, permanent incapacity or for any other reason, the Governor shall appoint a person to fill the vacancy without regard to political affiliation. That person shall hold office until the first day of January following the next biennial election at which a person is elected to fill the office.

In the case of a vacancy in the term of a commissioner who was nominated by primary election before the general election, the commissioner appointed by the Governor must be enrolled in the same political party as the commissioner whose term is vacant. In making the appointment, the Governor shall choose from any recommendations submitted by the county committee of the political party from which the appointment is to be made.

Sec. 3. 30-A MRSA §151, first ¶,  as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:

Except as provided in section 156, the voters of each county shall elect a county treasurer on a nonpartisan ballot.

Sec. 4. 30-A MRSA §151, sub-§3,  as amended by PL 1995, c. 683, §5, is further amended to read:

Sec. 5. 30-A MRSA §251, sub-§1,  as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:

Sec. 6. 30-A MRSA §252, sub-§2,  as amended by PL 1995, c. 245, §5, is further amended to read:

Sec. 7. 30-A MRSA §371-B, sub-§§1 and 2,  as repealed and replaced by PL 1997, c. 562, Pt. D, §6 and affected by §11, are amended to read:

Sec. 8. 33 MRSA §601,  as amended by PL 1995, c. 683, §8, is further amended to read:

§ 601. Election of register; vacancies

A register of deeds shall must be elected on a nonpartisan ballot for each county and in each registry district by the legally qualified voters thereof of the county, and who shall serve serves for a term of 4 years.

Vacancies caused by death, resignation, removal from the county, permanent incapacity as defined in Title 30-A, section 1, subsection 2-A or any other reason must be filled for the unexpired term by election on a nonpartisan ballot as provided for in section 602 at the next general election, as defined in Title 21-A, section 1, subsection 19, after their occurrence. In the meantime, the Governor may fill vacancies by appointment without regard to political affiliation, and the person so appointed shall hold holds office until the first day of January next after the election. Until a vacancy is filled by appointment by the Governor, the deputy register serves as acting register as provided in section 605.

In the case of a vacancy in the term of a register of deeds who was nominated by primary election before the general election, the register of deeds appointed by the Governor must be enrolled in the same political party as the register of deeds whose term is vacant. In making the appointment, the Governor shall choose from any recommendations submitted by the county committee of the political party from which the appointment is to be made.

SUMMARY

This bill requires that a county commissioner, county treasurer, district attorney, sheriff and register of deeds must all be elected on a nonpartisan ballot and that a vacancy in any of those offices must be filled without regard to political affiliation.