An Act To Establish a Recall Procedure for Elected Officials
Maine Legislature, Session 128, LD 1125
Committee: Veterans and Legal Affairs
Sponsors: CHENETTE, COOPER

Legislative Document
No. 1125
S.P. 375
In Senate, March 23, 2017
An Act To Establish a Recall Procedure for Elected Officials
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator CHENETTE of York.
Cosponsored by Representative COOPER of Yarmouth.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  21-A MRSA c. 17 is enacted to read: 
CHAPTER 17 
RECALL 
§1301.  Recall; grounds for recall 
Every elected official in the State is subject to recall by the voters of the district in 
which the official is elected as provided in this chapter. Grounds for recall are neglect of 
duty, misuse of office or incompetence in the performance of duties when that neglect of 
duty, misuse of office or incompetence in the performance of duties has a material and 
adverse effect upon the conduct of the office; conviction of a drug-related crime; criminal 
conduct; corruption; misappropriation of public funds; obstruction of voter-approved 
initiatives; or violations of ethics laws.  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 who is the subject of a petition shall continue to perform 
duties of the office until the result of the recall election is certified. 
§1302.  Recall petition; number of signatures 
A petition to recall an elected official must be signed by a number of voters of the 
district in which the official is elected equal to not less than 15% of the number of votes 
cast for candidates for that office at the last preceding election in the electoral district of 
the elected official.  The party affiliation of signatories to a petition must be proportional 
to the party affiliation of the voters who cast votes for candidates for that office at the last 
preceding election in the electoral district of the elected official. 
§1303.  Recall of senators, representatives, elected state officials and certain county 
officials; filing petition 
A petition with the signatures required under section 1302 demanding the recall of a 
United States Senator, a Representative to Congress, the Governor, a State Senator, a 
State Representative or an elected county official other than a county commissioner must 
be filed with the Secretary of State and reviewed for compliance with section 1301 and 
this chapter by the Commission on Governmental Ethics and Election Practices. 
§1304.  Recall of elected county commissioner or municipal official; filing petition 
A petition with the signatures required under section 1302 demanding the recall of an 
elected county commissioner or municipal officer 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 the filing of 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. 
§1307.  Recall of elected official; vacancy 
After a 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 a successor 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 appoint a person to fill the vacancy until the recalled official's successor is 
elected and qualified. 
§1308.  Rulemaking 
The Maine Commission on Governmental Ethics and Election Practices and 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. 
SUMMARY 
This bill establishes a recall procedure for federal, state and local elected officials and 
specifies grounds for such a recall.