An Act To Facilitate State Employee Service in the Legislature
Maine Legislature, Session 129, LD 0370
Committee: State and Local Government
Sponsors: POULIOT, MARTIN, CLAXTON, KEIM, REED
Amends: 5 MRSA §7056-A, 5 MRSA §7073

Legislative Document
No. 370
S.P. 111
In Senate, January 24, 2019
An Act To Facilitate State Employee Service in the Legislature
Reference to the Committee on State and Local Government suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator POULIOT of Kennebec.
Cosponsored by Representative MARTIN of Sinclair and
Senators: CLAXTON of Androscoggin, KEIM of Oxford, Representative: REED of Carmel.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §7056-A, sub-§4, as amended by PL 2007, c. 130, §1, is further 
amended to read:
4.  Candidacy for elective office.  An Except as provided in subsection 6, paragraph 
F, an officer or employee in the classified service or an employee from the executive 
branch in the unclassified service of this State, except for an officer or enlisted person in 
the Maine National Guard, may not be a candidate for elective office in a partisan public 
election other than for a local office.  This subsection may not be construed as prohibiting 
an officer or employee of the State from being a candidate in an election if none of the 
candidates is nominated or elected at that election as representing a party whose 
candidates for presidential elector received votes in the last preceding election during 
which presidential electors were selected.  Law enforcement officers continue to be 
subject to departmental rules regarding procedures on candidacy.
Sec. 2.  5 MRSA §7056-A, sub-§6, as enacted by PL 1997, c. 498, §6, is amended 
to read:
6.  Rights of participation in political organizations and activities.  An officer or 
an employee of the classified service or an employee from the executive branch in the 
unclassified service of this State may:
A.  Campaign for and hold an elective office in political clubs and organizations;
B.  Contribute money to political organizations or attend political fundraising 
functions;
C.  Donate personal time and service to a political cause;
D.  Be a candidate for public office in a nonpartisan election; and
E.  Participate in any other activity not specifically prohibited by state or federal law.; 
and
F.  Campaign for and hold a partisan elective office in the Legislature.  An officer or 
employee under this paragraph shall resign or request and take a leave of absence 
under section 7073 from the officer's or employee's position in the classified and 
unclassified service prior to becoming a candidate for or hold legislative office and 
may not engage in or influence any activities of the officer's or employee's former 
position while a candidate for or serving in the Legislature.
Sec. 3.  5 MRSA §7073 is enacted to read:
§7073.  Unpaid leave during legislative service
An officer or employee in the classified service or an employee from the executive 
branch in the unclassified service of this State who campaigns for or serves in the 
Legislature under section 7056-A, subsection 6, paragraph F may be granted an unpaid 
leave of absence pursuant to Title 26, section 821.
SUMMARY
This bill allows an officer or employee in classified and unclassified service of the 
State to campaign for and serve in partisan elective office in the Legislature if the officer 
or employee first resigns or requests and takes a leave of absence from the classified or 
unclassified service.  The officer or employee may be granted unpaid leave while serving 
in the Legislature under the same provision of law that allows employees in general to be 
granted a leave of absence from their employment during their service in the Legislature.