An Act To Provide for a Method To Remove an Elected Municipal Official
Maine Legislature, Session 125, LD 1533
Senate Amendment SA_A_S264 (Senate)

SENATE AMENDMENT" A "to H.P. 1125, L.D. 1533, Bill, "An Act To Provide 
for a Method To Remove an Elected Municipal Official" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Provide for a Method To Remove an Elected Official' 
Amend the bill by inserting after the enacting clause and before section 1 the 
following: 
'PART A' 
Amend the bill by inserting after section 4 the following: 
'PART B 
Sec. B-1. 21-A MRSA c.17 is enacted to read: 
CHAPTER 17 
RECALL 
§1301. Recall 
Every elected official in the State, with the exception of municipal officials subject to 
the provisions of Title 30-A, section 2505, is subject to recall by the voters of the district 
in which the official is elected as provided in this chapter. A petition may be filed against 
an elected official only for neglect of duty, misconduct or malfeasance in office. A 
petition for recall may not be filed against an elected official until the elected official has 
actually performed the duties of the office to which elected for a period of 6 months 
during the current term of that office. A petition may not be filed against an elected 
official during the last 6 months of the official's term of office. An elected official sought 
to be recalled shall continue to perform duties of the office until the result of the recall 
election is certified. 
SEN>ftfE AMENDMENT 
SENATE AMENDMENT "A "to H.P. 1125, L.D. 1533 
§1302. Recall petition; number of signatures 
A petition to recall an elected official must be signed by a number of voters equal to 
not less than 10% of the number of votes cast for candidates for that office at the last 
preceding election in the electoral district of the elected official sought to be recalled. 
§1303. 
Recall of Governor, senators, representatives or county officials; filing 
petitions 
A petition with the signatures required under section 1302 demanding the recall of 
the Governor, a State Senator, a State Representative or a county official except a county 
commissioner must be filed with the Secretary of State. 
§1304. Recall of elected county commissioner; filing petition 
A petition with the signatures required under section 1302 demanding the recall of an 
elected county commissioner must be filed with the county clerk of the county in which 
the largest portion of the registered voters in the electoral district reside. 
§1305. Sufficiency or insufficiency of recall petition; determination; notice; special 
election 
1. Determination of sufficiency. Within 35 days after the filing of a recall petition 
under this chapter, the filing official with whom the recall petition is filed shall make an 
official declaration of the sufficiency or insufficiency of the petition. If the recall petition 
is determined to be insufficient, the filing official shall notify the person or organization 
sponsoring the recall of the insufficiency of the petition. It is not necessary to give 
notification unless the person or organization sponsoring the recall files with the filing 
official a written notice of sponsorship and a mailing address. 
2. Calling of recall election. Immediately upon determining pursuant to subsection 
that a petition is sufficient, but not later than 35 days after the date of filing the petition, 
the filing official with whom the petition is filed shall call a recall election to determine 
whether the voters will recall the official whose recall is sought. The election must be 
held on the next regular election date that is not less than 95 days after the date the 
petition is filed. 
§1306. Recall election procedure 
The procedure governing a recall election under this chapter is the same, so far as 
possible and unless otherwise provided in rules adopted implementing this chapter, as 
that by which the relevant elected official was elected to office. If the filing official with 
whom the petition is filed is not required to give public notice of an election concerning 
the office in question, the filing official shall give notice to the official or officials 
required by law to give public notice of the election, cause the ballots to be printed, 
provide election supplies and do all things necessary to conduct the election in the 
manner provided in this· chapter. Fewer precinct election officials than the number 
otherwise required under the law may be assigned to duty if it appears that the votes to be 
cast will not necessitate the number of precinct election officials otherwise so required. 
SENA TE AMENDMENT 
~. ()\ '0. 
SENATEAMENDMENT"A "toH.P.1125,L.D.1533 
§1307. Recall of elected official; vacancy 
After the recall election held pursuant to section 1306, if the results support the recall 
of the elected official, the official empowered by law to perform the duties of that 
recalled official in the event of that official's absence, death, illness or inability to act 
shall perform and discharge the duties of the office vacated until the successor to fill the 
vacancy is duly elected and qualified. If the power to fill a vacancy by appointment 
exists, the office must be filled in the same manner by temporary appointment until a 
successor is duly elected and qualified. If there is no official empowered by law to 
perform the duties of the recalled official and there is no existing power to fill the 
vacancy by appointment, the Governor may fill the vacancy until the recalled official's 
successor is elected and qualified. 
§1308. Rulemaking 
The Secretary of State shall adopt rules implementing this chapter. Rules adopted 
pursuant to this section are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
e bill, establishes a procedure to recall elected officials. 
SPONSOREDBY:~~~~~ __ ~~~=-~ 
__ _ 
(Senator DILL) 
COUNTY: Cumbe 
FISCAL :\OTE REQLlRED 
(See attached) 
SENATE AMENDMENT 
Approved: 06/06/11 
;:.t!?/aC!. 
LD 1533 
LR2113(05) 
An Act To Provide for a Method To Remove an Elected Municipal Official 
Fiscal Note for Senate Amendment" A" S - 2'=>'f 
Sponsor: Sen. Dill of Cumberland 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium cost increase - General Fund 
Referendum Costs 
MonthlYear 
Election Type 
Question 
Length 
Nov-II 
Special 
Referendum 
Standard 
The Secretary of State's budget includes sufficient funds to accommodate one ballot of average length for the general 
election in November. If the number or size of the referendum questions requires production and delivery ofa second 
ballot, an additional appropriation of$107,250 may be required. If the timing of the recall required a special election, 
the Secretary of State estimates that ballot and other election costs would be approximately $200,000 for a sp~cial 
primary election and $250,000 for the special election. 
·Fiscal Detail and Notes 
Additional costs to the Department of Secretary of State associated with verifYing recall petitions can be absorbed 
with existing staff and within existing budgeted resources. 
/