An Act To Allow County Commissioners To Appoint Registers of Deeds
Maine Legislature, Session 123, LD 0130
Committee: State and Local Government
Sponsors: HOTHAM, COURTNEY, HAYES, SA VIELLO, TARDY
Amends: 33 MRSA §612

Legislative Document 
No. 130 
H.P. 122 
House of Representatives, January 9,2007 
An Act To Allow County Commissioners To Appoint Registers of 
Deeds 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative HOTHAM of Dixfield. 
Cosponsored by Senator COURTNEY of York and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: HAYES of Buckfield, SA VIELLO of Wilton, TARDY of Newport. 
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Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 33 MRSA §612 is enacted to read: 
§612. Creation of position of appointed county register of deeds 
1. County commissioners' decision. Notwithstanding sections 601 and 602, the 
county commissioners may decide to change the county register of deeds position from 
elected to appointed. This decision is not effective until approved by the voters of the 
county under subsection 3. 
II 
2. Alternative method; petition by voters. As an alternative to the procedure in 
subsection I, on the written petition of a number of voters equal to at least 10% of the 
number of votes cast in the county at the last gubernatorial election, the county 
commissioners, by order, shall provide for changing the county register of deeds position 
from elected to appointed in the form and manner provided in this section. 
l3 
A. The petition procedure of Title 30-A, section 1321, subsection 3 must be used, 
except that the legend at the top of each petition form must read as follows: 
"County of ............. . 
Each of the undersigned voters respectively requests the county commissioners to 
change the county register of deeds position from elected to appointed by the 
county commissioners." 
B. The procedure after the petition is filed is the same as that under Title 30-A. 
section 1321, subsection 4. 
3. Election procedure. Within 30 days after a decision under subsection I or the 
receipt of a certificate or final determination of sufficiency under subsection 2, paragraph 
B, the county commissioners, by order, shall submit the question of changing the county 
register of deeds position from elected to appointed to the voters of the county at the next 
regular or special statewide election. The question to be submitted to the voters must be 
in substance as follows: 
"Do you favor changing the county register of deeds position from elected to 
appointed by the county commissioners?" 
If a majority of those voting on this question vote in the affirmative, the position of 
elected county register of deeds is changed after the term of the current elected county 
register of deeds expires, and the county commissioners shall appoint a register of deeds 
under subsection 4. 
4. Term; compensation; authority. Upon changing the position of elected county 
register of deeds under this section, the county commissioners shall appoint a register of 
deeds to serve at their will and, notwithstanding section 604, with the compensation they 
set. The appointed register of deeds has all authority granted to registers of deeds under 
this chapter and is subject to all the requirements of this chapter. 
Page I - t23LR0797(Ot)-t 
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SUMMARY 
This bill allows county commissioners to change the position of elected register of 
deeds to appointed register of deeds. It follows the process available to commissioners to 
replace elected treasurers with appointed treasurers by requiring a countywide vote on the 
question . 
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