LD 525
pg. 1
LD 525 Title Page An Act to Establish Recall Provisions for Elected County and Municipal Official... Page 2 of 3
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LR 1886
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 30-A MRSA §9 is enacted to read:

 
§9.__Recall of county officers

 
The qualified electors of any county may petition for the
recall of any elected county officer by filing a petition with
the county clerk or county administrator demanding the recall of
the elected official, except that counties that have adopted
charters that include a recall process are exempt from the
provisions of this section.

 
1.__Reasons for recall; petitions for recall.__An elected
official may be subject to recall for misfeasance, malfeasance or
nonfeasance in office. The petition must be signed by a number of
electors of the political subdivision represented by that elected
official equal to at least 15% of the vote cast during the last
regular county commissioner election within that political
subdivision. The recall petition must state the reason for which
removal is sought.

 
2. Sufficiency of petitions; calling of recall elections;
notification.__Within 3 days after the petition is offered for
filing, the clerk or administrator with whom the petition is left
shall determine by careful examination whether the petition is
sufficient and so state in a certificate attached to the
petition. If the petition is found to be insufficient, the
certificate must state the particulars creating the
insufficiency. The petition may be amended to correct any
insufficiency within 5 days following the affixing of the
original certificate. Within 2 days after the offering of the
amended petition for filing, it must again be carefully examined
to determine sufficiency and a certificate stating the findings
must be attached. Immediately upon finding an original or amended
petition sufficient, the clerk or administrator with whom the
petition is left shall file the petition with the county
commissioners.__The commissioners shall call a special recall
election to be held not less than 30 days nor more than 35 days
from the filing date. The elected county official against whom
the recall petition is filed must be notified of the special
election within 24 hours of the calling of the special election.

 
3.__Form of ballot.__Unless the county officer whose removal
is sought has resigned before the receipt by the county
commissioners of the certificate of sufficiency, a recall
election must be held.__The form of the ballot at such election
must follow the format:__"Shall (name of county official) be
recalled?" If a majority of those voting on this question votes
in favor of the recall, that official is removed and the county
commissioners shall order an election to fill the vacancy.


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