LD 1239
pg. 1
LD 1239 Title Page An Act to Clarify the Governance of Soil and Water Conservation Districts Page 2 of 3
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LR 2317
Item 1

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

 
Sec. 1. 12 MRSA §101, as amended by PL 1995, c. 532, §17, is
repealed and the following enacted in its place:

 
§101.__Nominations, elections and appointments of supervisors

 
1.__Elections of supervisors.__The governing body of each
district consists of a board of 5 supervisors.__Three of the
supervisors must be elected.__Petitions may be filed to nominate
candidates for election as supervisors of each district.__When
the district is first created, nominating petitions must be filed
with, and the election must be conducted by, the department.__
After the creation of the district, nominating petitions must be
filed with, and the election must be conducted by, each district.__
Nominating petitions must be subscribed by 25 or more registered
voters residing within the district, as certified and sworn by
the person submitting the petition and subject to such
verification as the department or district may require.__
Registered voters may sign petitions to nominate more than one
candidate for supervisor.__The department or district shall give
notice of the time for making nominations and the time and manner
in which the election will occur.__Registered voters residing
within the district are eligible to vote in an election.__When a
district is first created, the 3 nominated candidates who receive
the largest number of votes in the election are the elected
supervisors of the district.__Terms of elected supervisors are
staggered, with supervisors initially elected to one-, 2- and 3-
year terms respectively.__Following an election, the results must
be published in a newspaper of general circulation in the
district, and the names of those elected must be certified by the
commissioner.__The commissioner may adopt rules or prescribe
procedures governing elections, which may include elections by
mail or other procedures the commissioner finds to be fair and
efficient.__Rules adopted pursuant to this subsection are routine
technical rules pursuant to Title 5, chapter 375, subchapter II-
A.

 
2.__Appointments of supervisors.__In each district, 2
supervisors must be appointed by the commissioner, taking into
consideration the various interests of the district in
agriculture, forestry, wildlife, recreation and community and
regional development.__The appointees must be qualified by
training and experience to perform their duties.__The terms of
the appointed supervisors must be staggered, with supervisors
initially appointed to one-year or 2-year terms respectively.

 
3.__Tenure.__A supervisor shall continue to hold office until
the supervisor's successor has been elected or appointed and has
qualified pursuant to subsection 2.


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