An Act To Amend the Laws Governing Nominations of County Commissioners, the Terms of County Commissioners and County Commissioner Districts
Sec. 1. 21-A MRSA §365, sub-§2, as enacted by PL 1985, c. 161, §6, is amended to read:
Sec. 2. 30-A MRSA §63, as amended by PL 1995, 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 until the next biennial election. That person shall hold office until the first day of January following the next biennial election at which a person is must be elected to fill the office , and, if a portion of the initial term of office remains unexpired at the time of the next biennial election, the election for that county commissioner must be conducted within the district boundaries that existed when the initial election of county commissioner for that term was conducted.
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 members of the county committee of the political party from which the appointment is to be made who reside within the district boundaries that existed when the initial election of county commissioner for that term was conducted.
Sec. 3. 30-A MRSA §65, sub-§4 is enacted to read:
Sec. 4. 30-A MRSA §66-B, as amended by PL 2013, c. 457, §§14 to 16, is further amended to read:
§ 66-B. County commissioner districts
Sec. 5. Term of office of county commissioners. Notwithstanding the provisions of the Maine Revised Statutes, Title 30-A, section 62, subsection 1, the term of office of a county commissioner elected in 2020 is 2 years, expiring in 2022.
summary
This bill amends the provisions regarding the election and appointment of county commissioners in the following ways:
1. It requires that, in the case when a party is eligible to choose a candidate or nominee for a primary, general or special election for county commissioner by political committee, the members of the county political committee who reside within the boundaries of the district subject to the election make the choice of candidate or nominee;
2. It clarifies that, in the case of a vacancy during the term of office of a county commissioner that occurs prior to the general election held in the 2nd year of the term, a special election must be held to elect a new county commissioner for that district for the last 2 years of the term, and requires that the election be held within the boundaries that existed at the time of the original election for that term;
3. It requires that when a county commissioner appointed by the Governor to fill a vacancy must be enrolled in the same political party as the commissioner whose term is vacant, the Governor is required to choose from any recommendations submitted by the members of the county committee of the political party from which the appointment is to be made who reside within the boundaries of the district with the vacancy that existed at the time of the initial election for that term;
4. It requires that, for the apportionment plan of county districts after a decennial census, the plan take effect on the 2nd year after the decennial census for the year 2020 and every 20 years thereafter and the plan take effect on the 4th year after the decennial census for the year 2030 and every 20 years thereafter; and
5. It amends the provisions creating each county's commissioner districts to eliminate staggered terms of commissioners so that, beginning in 2022, each 4-year commissioner term expires in a year in which there is a gubernatorial election.