An Act To Provide for Nonpartisan Elections for Sheriffs
Maine Legislature, Session 123, LD 0953
Committee: Legal and Veterans Affairs
Sponsors: COURTNEY, McCORMICK, DUPREY
Amends: 21-A MRSA §331, 21-A MRSA §351, 30-A MRSA §371-B

Legislative Document 
No. 953 
S.P.304 
March 1, 2007 
An Act To Provide for Nonpartisan Elections for Sheriffs 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Senator COURTNEY of York. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senator: McCORMICK of Kennebec, Representative: DUPREY of Hampden. 
Printed on recycled paper 
De it enacted by the People of the State of MaiM' as follows: 
Sec. I. 21-A MRSA §331, sub-§2, ~, as enacted by PL 1985, c. 161, §6, is 
amended to read: 
B. Nominations to fill vacancies under subchapter HI 1; and 
Sec. 2. 21-A MRSA §331, sub-§2, ~C, as enacted by PL 1985, c. 161, §6, is 
amended to read: 
C. Nominations by petition under subchapter Ih 2; and 
Sec. 3. 21-A MRSA §331, sub-§2, ~ 
is enacted to read: 
D. Nominations for sheriff. 
Sec. 4. 21-A MRSA §351, sub-§2, as enacted by PL 1985, c. 161, §6, is amended 
to read: 
2. Limited to one method. A person may file as a candidate for any federal, state or 
county office either by primary election or nomination petition, except as provided in 
subseetion subsections 3 and 4, but not by both methods. 
Sec. 5. 21-A MRSA §351, sub-§4 is enacted to read: 
4. Sheriff. A candidate for the office of sheriff must file as a candidate by petition 
and may not file as a candidate by primary election. A candidate for sheriff may not file 
with a party affiliation. 
Sec. 6. 30-A MRS A §371-B, sub-§I, as repealed and replaced by PL 1997, c. 
562, Pt. D, §6 and affected by § 11, is amended to read: 
1. Manner of election or appointment. Sheriffs are elected or appointed and hold 
their offices according to the Constitution of Maine. Their election must be conducted 
and determined as is provided for county commissioners except that a candidate for the 
office of sheriff must file as a candidate by petition and may not file as a candidate by 
primary election. Sheriffs take office on the first day of January following their election. 
Sec. 7. 30-A MRSA §371-B, sub-§2, as repealed and replaced by PL 1997, c. 
562, Pt. D, §6 and affected by § 11, is amended to read: 
2. Filling vacancies. Vacancies in the office of sheriff caused by death, resignation, 
removal from the county, permanent incapacity or any other reason must be filled as 
provided in the Constitution of Maine. In the ease of a vaeaney in the term of a sheriff 
1 
who was nominatee b~' primary eleetion before the general eleetion the sheriff appointee 
b~' the GO>t'ernor to fill the '/aeane~' until a sueeessor is ehosen at eleetion must be 
enrollee in the same politieal pa~' as the sheriff 'Hhose term is vaeant. In making the 
appointment, the Governor shall ehoose from any reeommeneations submittee to the 
Go't'ernor b~' the eounty eommittee of the politieal party' from whieh the appointment is 
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Page I - 123LR0557(Ol)-1 
SUMMARY 
This bill allows for sheriffs to be elected on a nonpartisan basis. A candidate for 
sheriff would not be allowed to file as a candidate during the primaries.