An Act Relating to Selection of Constitutional Officers and the State Auditor
Maine Legislature, Session 125, LD 1261
Committee: State and Local Government
Sponsors: PLOWMAN, FREDETTE
Amends: 5 MRSA §241, 21-A MRSA §1, 21-A MRSA §335, 21-A MRSA §354, 21-A MRSA §365, 21-A MRSA §372, 21-A MRSA §373, 21-A MRSA §374-A, 21-A MRSA §376, 21-A MRSA §601

Legislative Document 
No. 1261 
S.P. 382 
In Senate, March 22, 2011 
An Act Relating to Selection of Constitutional Officers and the State 
Auditor 
Reference to the Committee on State and Local Government suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator PLOWMAN of Penobscot. 
Cosponsored by Representative FREDETTE of Newport. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §241, as amended by PL 1997, c. 516, §1, is further amended to 
read: 
§241.  State Auditor; salary 
The State Auditor shall be is the head of the Department of Audit, as heretofore 
established. He shall The State Auditor must be a certified public accountant or a college 
graduate with not less than 6 years of experience as a professional accountant or auditor, 
including not less than 5 years of auditing experience, of which not less than 4 years shall 
have been must be in a supervisory capacity. He shall The State Auditor must be elected 
by the Legislature by a joint ballot of the Senators and Representatives in convention 
voters pursuant to Title 21-A and shall hold holds office for a term of 4 years or until his 
a successor is elected and qualified. He The State Auditor shall exercise such the powers 
and perform such duties as are set forth out in this chapter. In case the office of State 
Auditor shall become vacant during a period when the Legislature is not in session, the 
appointment of a person to fill such vacancy shall be made immediately by the President 
of the Senate or if that office be vacant, by the Speaker of the House, said person to hold 
office until such time as the Legislature shall meet in regular or special session, and either 
confirm the appointment of said person or choose another person to fill the office during 
the unexpired term. 
If a person elected to the office of State Auditor is not qualified as, or has not 
successfully completed or passed the examination for, a certified public accountant, 
public accountant or certified internal auditor at the time of election and fails to become 
so qualified within 9 months of being sworn into office, as required by section 242, that 
person may no longer serve as State Auditor and is ineligible for reelection by the same 
Legislature and the office of State Auditor is deemed vacant. 
A vacancy in the office of State Auditor must be filled in the same manner as a 
vacancy in the office of Treasurer of State. 
Sec. 2.  21-A MRSA §1, sub-§42, as enacted by PL 1985, c. 161, §6, is amended 
to read: 
42.  State office.  "State office" means the office of Governor, State Senator, 
Representative to the State Legislature, Secretary of State, Treasurer of State, Attorney 
General, State Auditor or presidential elector. 
Sec. 3.  21-A MRSA §335, sub-§5, ¶B-2 is enacted to read: 
B-2.  For a candidate for Secretary of State, Treasurer of State or Attorney General, at 
least 2,000 and not more than 3,000 voters; 
Sec. 4.  21-A MRSA §354, sub-§5, ¶C-1 is enacted to read: 
C-1.  For a candidate for State Auditor, at least 2,000 and not more than 3,000 voters; 
Sec. 5.  21-A MRSA §365, sub-§4, as enacted by PL 1985, c. 161, §6, is amended 
to read: 
4.  State committee.  A state committee makes choices for Governor, United States 
Senator, State Auditor and presidential elector. 
Sec. 6.  21-A MRSA §372, as enacted by PL 1985, c. 161, §6, is amended to read: 
§372.  Nominees; 60 days or more before election 
If a person nominated for United States Senator, Representative to Congress, State 
Auditor or Governor at a primary election dies, withdraws or becomes disqualified at 
least 60 days before the general election, the Governor shall issue a proclamation 
declaring the vacancy and ordering a special primary election under section 366. 
Sec. 7.  21-A MRSA §373, as amended by PL 2001, c. 310, §23, is further 
amended to read: 
§373.  Nominees; less than 60 days before election 
If a person nominated for United States Senator, Representative to Congress, State 
Auditor or Governor at a primary election or by a political committee dies, withdraws or 
becomes disqualified less than 60 days before the general election, the Secretary of State 
shall declare the vacancy under section 362-A. 
Sec. 8.  21-A MRSA §374-A, sub-§1, as amended by PL 2001, c. 310, §24, is 
further amended to read: 
1.  Withdrawal and replacement of nominees.  The Secretary of State shall declare 
the vacancy as provided in section 362-A and a political committee may make a 
replacement nomination following a candidate's withdrawal only if a person nominated 
for an office, other than United States Senator, Representative to Congress, State Auditor 
or Governor, at a primary election or by a political committee: 
A.  Withdraws on or before 5 p.m. of the 2nd Monday in July preceding the general 
election; 
B.  Withdraws because of a catastrophic illness that has permanently and 
continuously incapacitated the candidate and would prevent performance of the 
duties of the office sought, provided if the candidate or a member of the candidate's 
immediate family files with the Secretary of State a certificate accompanying the 
withdrawal request, which that describes the illness and is signed by at least 2 
licensed physicians; or 
C.  Dies prior to the general election. 
Sec. 9.  21-A MRSA §376, sub-§1, as amended by PL 1997, c. 436, §55, is 
further amended to read: 
1.  Federal or gubernatorial office or State Auditor.  If a candidate or nominee for 
a federal or gubernatorial office or State Auditor withdraws less than 60 days before any 
election, the Secretary of State is not required to produce new ballots. 
Sec. 10.  21-A MRSA §376, sub-§2, as amended by PL 1997, c. 436, §55, is 
further amended to read: 
2.  Certain state offices.  The Secretary of State is required to produce new ballots 
only if a candidate for an office, other than United States Senator, Representative to 
Congress, State Auditor or Governor, withdraws in accordance with section 374-A, 
subsection 1, paragraph A, B or C, a replacement candidate is nominated and a 
notification is filed with the Secretary of State by the appropriate committee of the 
political party making the nomination no later than 60 days before the election. 
Sec. 11.  21-A MRSA §601, sub-§3, as amended by PL 2007, c. 455, §19, is 
further amended to read: 
3.  Order of offices.  The order of offices on the ballot is as follows:  President, 
United States Senator, Governor, Representative to Congress, State Senator and, 
Representative to the Legislature and State Auditor, and the county offices in the 
following order: judge of probate, register of probate, county treasurer, register of deeds, 
sheriff, district attorney and county commissioner. 
Sec. 12.  21-A MRSA c. 17 is enacted to read: 
CHAPTER 17 
CONSTITUTIONAL OFFICERS 
§1301.  Referendum 
A statewide referendum must be held every 2 years, at the same time as the general 
election, permitting the voters to express a choice of candidates for the offices of 
Secretary of State, Treasurer of State and Attorney General.  Except as otherwise 
provided, the requirements and process of nomination, party qualification and manner of 
filling candidate vacancies are the same as the requirements and process for Governor 
under chapter 5. 
The Secretary of State shall notify each Legislature, on the date of its first convening, 
of the number of votes cast at the referendum under this section for each candidate for 
Secretary of State, Treasurer of State and Attorney General.  The Legislature shall select 
those officers in the manner provided in the Constitution of Maine and legislative 
procedures.  The results of the referendum are not binding on the Legislature. 
SUMMARY 
This bill provides a mechanism for a voter referendum on candidates for Secretary of 
State, Treasurer of State and Attorney General.  Nomination, party qualification and 
manner of filling vacancies leading up to the referendum are conducted in the same 
manner as for candidates for Governor.  The selection of individuals to hold the offices of 
Secretary of State, Treasurer of State and Attorney General continues to be made by the 
Legislature as provided in the Constitution of Maine. 
The bill also provides for the election of the State Auditor by the voters.