An Act To Remove Vacancy Provisions for Certain Positions in County Government
Maine Legislature, Session 129, LD 1302
Committee: State and Local Government
Sponsors: SAMPSON, DOLLOFF, MARTIN, O'CONNOR, ORDWAY, STETKIS, WHITE
Amends: 4 MRSA §301, 18-C MRSA §1, 30-A MRSA §63, 30-A MRSA §64, 30-A MRSA §151, 30-A MRSA §252, 30-A MRSA §371-B, 33 MRSA §601

Legislative Document
No. 1302
H.P. 945
House of Representatives, March 19, 2019
An Act To Remove Vacancy Provisions for Certain Positions in 
County Government
Reference to the Committee on State and Local Government suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SAMPSON of Alfred.
Cosponsored by Representatives: DOLLOFF of Rumford, MARTIN of Greene, O'CONNOR 
of Berwick, ORDWAY of Standish, STETKIS of Canaan, WHITE of Washburn.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  4 MRSA §301, first ¶, as amended by PL 1995, c. 683, §1, is further 
amended to read:
Judges of probate under Title 18-C, section 1-309 are elected or appointed as 
provided in the Constitution of Maine.  Only attorneys at law admitted to the general 
practice of law in this State and resident in this State may be elected or appointed as 
judges of probate. Their election is effected and determined as is provided respecting 
county commissioners; and they enter upon the discharge of their duties on the first day 
of January following their election; but, when appointed to fill vacancies, their terms 
commence on their appointment.  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 as provided in the Constitution of Maine.  In the case of a 
vacancy in the term of a judge of probate who was nominated by primary election before 
the general election, the judge of probate 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 
judge of probate 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. 2.  18-C MRSA §1-501, sub-§3, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by Pt. F, §1, is amended to read:
3.  Vacancies.  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 as provided in the Constitution of Maine.  In the case of a vacancy 
in the term of a register who was nominated by primary election before the general 
election, the register 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 register 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. 3.  30-A MRSA §63, last ¶, as amended by PL 1995, c. 245, §3, is repealed.
Sec. 4.  30-A MRSA §64, 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:
§64.  Military or naval service; substitutes
Whenever a county commissioner during the commissioner's term of office in time of 
war, contemplated war or emergency, enlists, enrolls, is called or ordered or drafted into 
the military or naval service of the United States, that commissioner is not deemed to 
have thereby resigned from or abandoned the office, nor is the commissioner removable 
from that office during the period of military or naval service except that the term of 
office is not lengthened because of this section.  From the time of induction into service, 
the commissioner is regarded as on leave of absence without pay from the office, and the 
Governor shall appoint a competent citizen, a resident of the same county, to fill the 
office while the county commissioner is in the federal service, but not for a longer period 
than the remaining portion of that commissioner's term.  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 was vacant.  During the period of military 
or naval service, the county shall pay to the substitute county commissioner a salary at the 
same rate as the rate of pay of the county commissioner and amounts so paid shall must 
be deducted from the salary of the county commissioner.  The citizen appointed to fill the 
temporary vacancy has the title of "substitute county commissioner" and possesses all the 
rights and powers and is subject to all the duties and obligations of the county 
commissioner.
Sec. 5.  30-A MRSA §151, sub-§3, ¶A, as enacted by PL 1995, c. 245, §4, is 
repealed.
Sec. 6.  30-A MRSA §252, sub-§2, ¶A, as amended by PL 1995, c. 245, §5, is 
repealed.
Sec. 7.  30-A MRSA §371-B, sub-§2, as repealed and replaced by PL 1997, c. 
562, Pt. D, §6 and affected by §11, is amended to read:
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.  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, last ¶, as enacted by PL 1995, c. 245, §7, is repealed.
SUMMARY
Current law provides that vacancies in county offices that had originally been filled 
by nomination by primary election before the general election must be filled by the 
Governor with a successor from the same political party.  This bill repeals those 
provisions.