An Act To Provide for the Nonpartisan Election of County Officials
Maine Legislature, Session 127, LD 0972
Committee: Veterans and Legal Affairs
Sponsors: DILLINGHAM, HAMPER, CHENETTE, COREY, LUCHINI, MAKER, SKOLFIELD, TIMBERLAKE, TUELL, WILLETTE
Amends: 30-A MRSA §61, 30-A MRSA §63, 30-A MRSA §151, 30-A MRSA §251, 30-A MRSA §252, 30-A MRSA §371-B, 33 MRSA §601

Legislative Document 
No. 972 
H.P. 669 
House of Representatives, March 18, 2015 
An Act To Provide for the Nonpartisan Election of County Officials 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative DILLINGHAM of Oxford. 
Cosponsored by Senator HAMPER of Oxford and 
Representatives: CHENETTE of Saco, COREY of Windham, LUCHINI of Ellsworth, 
MAKER of Calais, SKOLFIELD of Weld, TIMBERLAKE of Turner, TUELL of East 
Machias, Senator: WILLETTE of Aroostook. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  30-A MRSA §61, sub-§2, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. 
C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further 
amended to read: 
2.  Mode of election.  County commissioners shall must be elected on a nonpartisan 
ballot on the Tuesday following the first Monday of November in each even-numbered 
year.  The votes shall must be received, sorted, counted and declared in the same manner 
as votes for Representatives.  The municipal clerk shall record in the municipal records 
the names of the persons voted for, the number of votes for each and the whole number of 
ballots received.  The municipal clerk shall send true copies of these records, sealed and 
attested in the same manner as returns of votes for Senators, to the Secretary of State. 
Sec. 2.  30-A MRSA §63, as amended by PL 1995, c. 245, §3 and c. 683, §4, is 
further amended to read: 
§63.  Vacancies during other times 
When no choice is effected or a vacancy happens in the office of county 
commissioner by death, resignation, removal from the county, permanent incapacity or 
for any other reason, the Governor shall appoint a person to fill the vacancy without 
regard to political affiliation.  That person shall hold office until the first day of January 
following the next biennial election at which a person is elected to fill the office. 
In the case of a vacancy in the term of a commissioner who was 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 is vacant.  In 
making the appointment, the Governor shall choose from any recommendations 
submitted by the county committee of the political party from which the appointment is to 
be made. 
Sec. 3.  30-A MRSA §151, first ¶, as enacted by PL 1987, c. 737, Pt. A, §2 and 
Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is 
further amended to read: 
Except as provided in section 156, the voters of each county shall elect a county 
treasurer on a nonpartisan ballot. 
Sec. 4.  30-A MRSA §151, sub-§3, as amended by PL 1995, c. 683, §5, is further 
amended to read: 
3.  Vacancy.  If a person chosen treasurer as provided in subsection 1 declines to 
accept or a vacancy occurs by reason of death, resignation, removal from the county, 
permanent incapacity or for any other reason, the Governor may appoint a suitable 
resident of the county to serve as treasurer without regard to political affiliation.  When 
that person has accepted the office, provided a bond and been sworn, that person is 
treasurer until the first day of January following the next biennial election, at which 
election a treasurer must be chosen for the remainder of the term, if any; but, in any 
event, that person holds office until another is chosen and qualified. 
A.  In the case of a vacancy in the term of a treasurer who was nominated by primary 
election before the general election, the treasurer appointed by the Governor must be 
enrolled in the same political party as the treasurer whose term is vacant.  In making 
the appointment, the Governor shall choose from any recommendations submitted to 
the Governor by the county committee of the political party from which the 
appointment is to be made. 
Sec. 5.  30-A MRSA §251, sub-§1, as enacted by PL 1987, c. 737, Pt. A, §2 and 
Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is 
further amended to read: 
1.  Election.  The district attorneys shall must be elected on a nonpartisan ballot on 
the Tuesday following the first Monday of November in every 4th year, by the voters of 
the respective prosecutorial districts.  The votes shall must be received, sorted, counted 
and declared in the same manner as votes for Representatives.  The names of the persons 
voted for, the number of votes for each and the whole number of ballots received shall 
must be recorded by the clerk of each municipality within the prosecutorial district.  The 
clerk shall send true copies of these names and totals, sealed and attested as returns of 
votes for Senators, to the Secretary of State. 
Sec. 6.  30-A MRSA §252, sub-§2, as amended by PL 1995, c. 245, §5, is further 
amended to read: 
2.  Vacancies caused by other reasons.  When no person is elected or a vacancy 
happens in the office of district attorney, other than as provided in subsection 1, the 
Governor shall appoint, without regard to political affiliation, a competent attorney, a 
resident of the prosecutorial district affected, to serve as a substitute district attorney until 
the first day of January following the next biennial election.  At that election, a person 
shall must be elected to the office of district attorney to serve for the remainder of the 
unexpired term.  When the office of district attorney becomes vacant after the first day of 
October in the 2nd year after the election of a district attorney under section 251, a new 
election shall may not be held to fill the vacancy, but the substitute district attorney shall 
serve for the remainder of the unexpired term. 
A.  In the case of a vacancy in the term of a district attorney who was nominated by 
primary election before the general election, the district attorney appointed by the 
Governor must be enrolled in the same political party as the district attorney whose 
term is vacant.  In making the appointment, the Governor shall choose from any 
recommendations submitted by the county committee or committees of the political 
party from which the appointment is to be made. 
Sec. 7.  30-A MRSA §371-B, sub-§§1 and 2, as repealed and replaced by PL 
1997, c. 562, Pt. D, §6 and affected by §11, are amended to read: 
1.  Manner of election or appointment.  Sheriffs are elected on a nonpartisan ballot 
or appointed and hold their offices according to the Constitution of Maine.  Their election 
must be conducted and determined as is provided for county commissioners.  Sheriffs 
take office on the first day of January following their election. 
2.  Filling vacancies.  Vacancies in the office of sheriff caused by death, resignation, 
removal from the county, permanent incapacity or any other reason must be filled as 
provided in the Constitution of Maine and without regard to political affiliation.  In the 
case of a vacancy in the term of a sheriff who was nominated by primary election before 
the general election the sheriff appointed by the Governor to fill the vacancy until a 
successor is chosen at election must be enrolled in the same political party as the sheriff 
whose term is vacant.  In making the appointment, the Governor shall choose from any 
recommendations submitted to the Governor by the county committee of the political 
party from which the appointment is made. 
Sec. 8.  33 MRSA §601, as amended by PL 1995, c. 683, §8, is further amended to 
read: 
§601.  Election of register; vacancies 
A register of deeds shall must be elected on a nonpartisan ballot for each county and 
in each registry district by the legally qualified voters thereof of the county, and who shall 
serve serves for a term of 4 years. 
Vacancies caused by death, resignation, removal from the county, permanent 
incapacity as defined in Title 30-A, section 1, subsection 2-A or any other reason must be 
filled for the unexpired term by election on a nonpartisan ballot as provided for in section 
at the next general election, as defined in Title 21-A, section 1, subsection 19, after 
their occurrence.  In the meantime, the Governor may fill vacancies by appointment 
without regard to political affiliation, and the person so appointed shall hold holds office 
until the first day of January next after the election.  Until a vacancy is filled by 
appointment by the Governor, the deputy register serves as acting register as provided in 
section 605. 
In the case of a vacancy in the term of a register of deeds who was nominated by 
primary election before the general election, the register of deeds appointed by the 
Governor must be enrolled in the same political party as the register of deeds whose term 
is vacant.  In making the appointment, the Governor shall choose from any 
recommendations submitted by the county committee of the political party from which 
the appointment is to be made. 
SUMMARY 
This bill requires that a county commissioner, county treasurer, district attorney, 
sheriff and register of deeds must all be elected on a nonpartisan ballot and that a vacancy 
in any of those offices must be filled without regard to political affiliation.