An Act To Provide for the Nonpartisan Election of County Commissioners
Maine Legislature, Session 123, LD 0129
Committee: State and Local Government
Sponsors: HOTHAM, COURTNEY, HAYES, SA VIELLO, TARDY, HASTINGS
Amends: 21-A MRSA §331, 21-A MRSA §335, 21-A MRSA §351, 30-A MRSA §63, 30-A MRSA §64

Legislative Document 
No. 129 
H.P. 121 
House of Representatives, January 9,2007 
An Act To Provide for the Nonpartisan Election of County 
Commissioners 
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 
!Jl~ 
frl.1l?t1C~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: HAYES of Buckfield, SA VIELLO of Wilton, TARDY of Newport, Senator: 
HASTINGS of Oxford. 
Pnllieu tIll recyded p.lper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 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 ill J; afM:i 
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.J.h 2; and 
Sec. 3. 21-A MRSA §331, sub-§2, ~ 
is enacted to read: 
D. Nominations for county commissioners. 
Sec. 4. 21-A MRS A §335, sub-§l, ~A, as enacted by PL 1985, c. 161, §6, is 
amended to read: 
A. 
When 2 United States Senators or 2 eOl:lntj' eommissioners are to be nominated, 
the primary petition must contain the term of office sought by the candidate. 
Sec. 5. 21-A MRSA §335, sub-§5,~, as amended by PL 1991, c. 362, §1, is 
repealed. 
Sec. 6. 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 
sl:lbseetion subsections 3 and 4, but not by both methods. 
Sec. 7. 21-A MRSA §351, sub-§4 is enacted to read: 
4. County commissioners. A candidate for the office of county commissioner must 
file as a candidate by petition and may not file as a candidate by primary election. 
Candidates for county commissioner may not file with a party affiliation. 
Sec. 8. 30-A MRSA §63, 2nd ~, as amended by PL 1995, c. 245, §3, is repealed. 
Sec. 9. 30-A MRSA §64, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, § 1 06 
and as amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further 
amended to read: 
§64. Military or naval service; substitutes 
Whenever a county commissioner during the commissioner's term of office in time of 
war, contemplated war or emergency, enlists, enrolls, is called or ordered or drafted into 
the military or naval service of the United States, that commissioner is not deemed to 
have thereby resigned from or abandoned the office, nor is the commissioner removable 
from that office during the period of military or naval service, except that the term of 
Page I - 123LR0805(OI)-1 
I 
office is not lengthened because of this section. From the time of induction into service, 
the commissioner is regarded as on leave of absence without pay from the office, and the 
Governor shall appoint a competent citizen, a resident of the same county, to fill the 
office while the county commissioner is in the federal service, but not for a longer period 
than the remaining portion of that commissioner's term. In the case of a vacancy in the 
term of a commissioner 'who 'Nas 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 was vacant. During the period of military 
or naval service, the county shall pay to the substitute county commissioner a salary at the 
same rate as the rate of pay of the county commissioner~ and amounts so paid shall must 
II 
be deducted from the salary of the county commissioner. The citizen appointed to fill the 
temporary vacancy has the title of "substitute county commissioner" and possesses all the 
rights and powers and is subject to all the duties and obligations of the county 
commISSIOner. 
SUMMARY 
This bill allows for county commissioners to be elected on a nonpartisan basis. A 
candidate for county commissioner may not file as a candidate during the primaries.