Maine Legislature, Session 121, LD 1012
Committee: State and Local Government
Sponsors: BULL

12lst MAINE LEGISLATURE 
Legislative Document 
No. 1012 
H.P.733 
House of Representatives, February 25, 2003 
RESOLUTION, Proposing Amendments to the Constitution of 
Maine To Require the Appointment of County Sheriffs, Judges and 
Registers of Probate 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative BULL of Freeport. 
Printed on recycled paper 
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MILLICENT M. MacFARLAND 
Clerk 
Constitutional amendments. 
Resolved: 
Two 
thirds 
branch 
of 
the 
Legislature 
concurring, 
that 
the 
amendments to the Constitution of Maine be proposed: 
of 
each 
following 
Constitution, Art. VI, §6, as repealed and affected by Resolve 
1967, c. 77, is repealed and the following enacted in its place: 
Section 6. 
Judges and registers of probate, appointment and 
terms; vacancies. 
Judges and registers of probate are appointed 
by the county commissioners of their respective counties and hold 
their offices for 4 years. 
Vacancies occurring in said offices 
by death, resignation or otherwise are filled by appointment, and 
the appointees hold office for the remainder of the term for 
which they were appointed. 
Constitution, Art. IX, §10 
is 
repealed 
and 
the 
following 
enacted in its place: 
Section 10. 
Appointment of sheriffs; vacancies. 
Sheriffs 
are appointed by the county commissioners of their respective 
counties and hold their offices for 4 years. 
Vacancies in the 
office of sheriff are filled by appointment and appointees hold 
office for 
the 
remainder 
of 
the 
terms 
for 
which they were 
appointed. 
and be it further 
Constitutional referendum procedure: form of question: effective 
date. Resolved: 
That the municipal officers of this State shall 
notify the inhabitants of their respective cities, 
towns 
and 
plantations 
to meet, in the manner prescribed by law for holding a statewide 
election, at a statewide election, on the Tuesday following the 
first 
Monday 
of 
November 
following 
the 
passage 
of 
this 
resolution, 
to vote 
upon 
the 
ratification of 
the 
amendment 
proposed in this resolution by voting upon the following question: 
"Do you favor amending the Constitution of Maine to allow 
for 
the 
appointment of 
judges of probate, 
registers of 
probate and sheriffs by the county commissioners of their 
respective counties?" 
The legal voters of each city, town and plantation shall 
vote by ballot on this question and designate their choice by a 
cross or check mark placed within the corresponding square below 
the word "Yes" or "No." 
The ballots must be received, sorted, 
counted and declared in open ward, town and plantation meetings 
and returns made to the Secretary of State in the same manner as 
votes for members of the Legislature. 
The Governor shall review 
the returns and, if it appears that a majority of the legal votes 
are cast in favor of the amendment, the Governor shall proclaim 
Page l-LR1845(1) 
that fact without delay and the amendment becomes part of the 
Constitution on the date of the proclamation; and be it further 
Secretary of State shall prepare ballots. Resolved: 
That 
the 
Secretary of State shall prepare and furnish to each city, town 
and plantation all ballots, returns and copies of this resolution 
necessary to carry out the purposes of this referendum. 
SUMMARY 
This constitutional resolution allows for the appointment of 
judges of probate, 
registers of probate and sheriffs by the 
county commissioners of their respective counties. 
Resolve 1967, chapter 77 repealed the Constitution of Maine, 
Article VI, 
Section 6, 
regarding the election of 
judges 
and 
registers of probate, contingent upon the Legislature's enactment 
of a different Probate Court system with full-time judges. 
That 
contingency has not occurred, allowing for this amendment.