Maine Legislature, Session 125, LD 1321
Committee: State and Local Government
Sponsors: STRANG BURGESS, WOODBURY, GRAHAM

Legislative Document 
No. 1321 
H.P. 967 
House of Representatives, March 28, 2011 
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Allow for the Appointment of County Sheriffs, Judges 
and Registers of Probate 
Reference to the Committee on State and Local Government suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative STRANG BURGESS of Cumberland. 
Cosponsored by Senator WOODBURY of Cumberland and 
Representative: GRAHAM of North Yarmouth. 
Constitutional amendment. Resolved:  Two thirds of each branch of the 
Legislature concurring, that the following amendment to the Constitution of Maine be 
proposed: 
Constitution, Art. VI, §6 is amended to read: 
Section 6.  Judges and registers of probate, election and tenure; vacancies.  
Judges Except as provided in Section 7, judges and registers of probate shall be elected 
by the people of their respective counties, by a plurality of the votes given in, at the 
biennial election on the Tuesday following the first Monday of November, and shall hold 
their offices for 4 years, commencing on the first day of January next after their election.  
Vacancies occurring in said offices by death, resignation or otherwise, shall be filled by 
election in manner aforesaid at the November election, next after their occurrence; and in 
the meantime, the Governor may fill said vacancies by appointment, and the persons so 
appointed shall hold their offices until the first day of January next after the election 
aforesaid. 
Constitution, Art. VI, §7 is enacted to read: 
Section 7.  Appointment of judges and registers of probate; tenure; 
vacancies.  In a county with a county charter legally in effect that determines the 
structure of county government, the county commissioners of that county may appoint the 
judges and registers of probate for that county.  Judges and registers of probate appointed 
pursuant to this section hold their offices for 4 years.  If a vacancy occurs in those offices 
by death, resignation or otherwise, the county commissioners shall fill that vacancy by 
appointment for the remainder of the term of the person who vacated the office. 
Constitution, Art. IX, §10 is amended to read: 
Section 10.  Tenure of sheriffs.  Sheriffs shall be elected by the people of their 
respective counties, by a plurality of the votes given in on the Tuesday following the first 
Monday of November, and shall hold their offices for 4 years from the first day of 
January next after their election, unless sooner removed as hereinafter provided; except 
that, in a county with a county charter legally in effect that determines the structure of 
county government, the county commissioners of that county may appoint the sheriff, 
who shall hold the office for 4 years. 
Removal of sheriffs from office and replacement.  Whenever the Governor upon 
complaint, due notice and hearing shall find that a an elected sheriff is not faithfully or 
efficiently performing any duty imposed upon the sheriff by law, the Governor may 
remove such sheriff from office and appoint another sheriff to serve for the remainder of 
the term for which such removed sheriff was elected.  Whenever the county 
commissioners in a county in which the sheriff was appointed by the county 
commissioners, upon complaint, due notice and hearing, find that a sheriff is not 
faithfully or efficiently performing any duty imposed upon the sheriff by law, the county 
commissioners may remove such sheriff from office and appoint another sheriff to serve 
for the remainder of the term for which such removed sheriff was appointed.  All 
vacancies in the office of sheriff, other than those caused by removal in the manner 
aforesaid shall be filled in the same manner, either election or appointment, as is provided 
in that county in the case of judges and registers of probate. 
; 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 held in the month 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 in a county with a county charter in effect?" 
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.  If it appears that a majority of the legal votes are cast in favor of the 
amendment, the Governor shall proclaim that fact without delay and the amendment 
becomes part of the Constitution of Maine 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 resolution proposes to amend the Constitution of Maine to allow a county with a 
county charter that includes a provision for the county commissioners to appoint judges 
of probate, registers of probate and sheriffs.  It does not change the requirement for these 
positions to be elected if the county has not adopted a charter or has adopted a charter that 
does not provide for the appointment of these positions. 
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.