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

 
4.__Procedure on refusal to call vote on recall.__Failure by the
county commissioners to call an election required under subsection
3 within 10 days of the filing of the recall petition is deemed to
be a final agency action that may be appealed under Title 5,
chapter 375, subchapter VII.

 
5.__Limit on recall attempts.__After one recall petition and
recall election, a further recall petition may not be filed
against the same official for the same reason during the term for
which the official was elected.

 
Sec. 2. 30-A MRSA §2505 is enacted to read:

 
§2505.__Recall of elected officials

 
The qualified electors of any municipality may petition for
the recall of any elected official by filing a petition with the
municipal clerk demanding the recall of the elected official,
except that municipalities that have adopted a charter that
includes 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 municipal 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 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 with whom
the petition is left shall file the petition with the municipal
council or board.__The council or board 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 municipal 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.


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