An Act to Establish a Recall Process for Public School Board
Maine Legislature, Session 132, LD 0849
Committee: Education and Cultural Affairs
Sponsors: SAYRE, INGWERSEN
Amends: 20-A MRSA §1005, 30-A MRSA §2505

Legislative Document
No. 849
H.P. 535
House of Representatives, March 4, 2025
An Act to Establish a Recall Process for Public School Board 
Members
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative SAYRE of Kennebunk.
Cosponsored by Senator INGWERSEN of York and
Representatives: ANKELES of Brunswick, BRIDGEO of Augusta, ROLLINS of Augusta, 
Senator: RAFFERTY of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §1005 is enacted to read:
§1005.  Recall of school board members
1.  Grounds for recall.  Notwithstanding any provision of law, ordinance or municipal 
charter to the contrary, a school board member may not be recalled unless the school board 
member:
A. Has been convicted of a crime punishable under the laws of this State or another 
jurisdiction by imprisonment for a term of one year or longer, the conduct of which 
occurred during the school board member's term of office;
B. Has failed to perform duties prescribed by law; or
C.  Has willfully misused, converted or misappropriated, without legal authority, public 
property or public funds.
A school board member's performance of a required duty or a discretionary duty is not a 
ground for recall.
2.  Petition for recall.  A written petition to recall a school board member must be 
signed: 
A. If the school board member was elected by the voters of a municipality, by a number 
of voters equal to at least 25% of the number of voters in that municipality who voted 
in the last gubernatorial election; or
B.  If the school board member was elected as a school board member-at-large in a 
school administrative unit, by a number of voters equal to at least 25% of the number 
of voters in the school administrative unit who voted in the last gubernatorial election.
3.  Notice of intention.  In order to initiate a recall election under subsection 2, the 
initiator of the petition shall file a notice of intention of recall with the municipal clerk of 
the municipality in which the school board member was elected or with each municipal 
clerk of all municipalities in a school administrative unit, if the school board member was 
elected at large. A notice of intention of recall under this subsection must include the name, 
address and contact information of the person filing the notice, the name of the school board 
member subject to recall under this section and the reason for the recall initiative, which 
must comply with subsection 1. Only a person registered to vote in the municipality in 
which the school board member was elected, or in a municipality in the school 
administrative unit if the school board member was elected at large, may file a notice of 
intention of recall under this subsection.
4.  Petition forms.  Within 3 business days of receipt of a notice of intention of recall 
under subsection 3, the municipal clerk shall prepare petition forms for the collection of 
signatures under subsection 5 and send notice to the initiator of the petition under 
subsection 3 that the petition forms are available. If the school board member was elected 
at large, the municipalities shall coordinate in preparing and providing the petition forms 
and sending notice and shall designate one municipal clerk to handle the submission of 
signatures under subsection 5. A municipality may charge the initiator of the petition a 
reasonable fee for preparing and providing the petition forms under this subsection. A 
petition form under this subsection must include:
A.  At the top of the form, the name of the school board member subject to recall, the 
name and contact information of the initiator of the petition and the date by which the 
signatures must be submitted to the municipal clerk under subsection 5;
B.  The reason for the recall initiative;
C.  Spaces for each voter's signature, street address and printed name; and
D.  Space at the bottom of the form for the name, address and signature of the person 
circulating the petition form.
5.  Collection and submission of signatures.  A petition form under subsection 4 may 
be circulated or signed only by registered voters of the municipality in which the school 
member was elected, or of a municipality within the school administrative unit if the school 
board member was elected at large.  A circulator of a petition form shall oversee the 
collection of signatures and ensure that the information required under subsection 4, 
paragraph C is accurate and complete. The initiator of the petition under subsection 3 shall 
collect the petition forms from all circulators and submit the signed petition forms to the 
municipal clerk who prepared the petition forms within 14 days of receipt of notice from 
the municipal clerk that the petition forms are available under subsection 4. A municipal 
clerk may not accept a petition form submitted more than 14 days after sending notice of 
availability to the initiator under subsection 4, and any voter signatures on that petition 
form are invalid.
6.  Petition certification and notification.  Within 7 business days of receiving 
petition forms under subsection 5, the municipal clerk shall determine whether the petition 
forms meet the criteria under subsection 5 and certify the validity of any signatures on the 
petition forms. If the municipal clerk finds that the number of valid signatures submitted 
under subsection 5 meets or exceeds the requirements under subsection 2, the municipal 
clerk shall certify the petition and immediately send notification of the certification to the 
appropriate municipal officers, the initiator of the petition and the school board member 
subject to the recall. If the municipal clerk finds that the number of valid signatures 
submitted under subsection 5 does not meet the requirements for a petition under subsection 
2, the municipal clerk shall file the petition and the petition forms in the municipal clerk's 
office and notify the initiator of the petition and, if the school board member was elected 
at large, the clerks of the other municipalities within the school administrative unit that the 
number of valid signatures does not meet the requirements for a petition under subsection 
2.
7.  Scheduling recall election.  Within 21 business days of certification of the petition 
under subsection 6, the municipal officers shall schedule a recall election to determine 
whether the school board member subject to the petition should be recalled.  The election 
must be held no less than 45 days and no more than 75 days after certification of the petition 
under subsection 6 unless a regular municipal election is scheduled to be held within 90 
days of the certification of the petition under subsection 6, in which case the recall election 
must be held on the date of the regular municipal election. If the municipal officers fail to 
schedule a recall election within 21 business days of certification of the petition under 
subsection 6, the municipal clerk shall schedule, or in the case of an at-large election, the 
municipal clerks of the municipalities within the school administrative unit shall jointly 
schedule the recall election in accordance with the requirements of this subsection.
8.  Ballots for recall election.  If the school board member subject to the recall does 
not resign from the school board member's position within 21 business days of certification 
of the petition under subsection 6, the ballots for the recall election under subsection 7 must 
be printed. A ballot for a recall election under this section must read: 
"Do you authorize the recall of (name of school board member) from the 
(school administrative unit) school board?
Yes        No"
9. Valid election.  The recall must be approved by a majority of voters in an election 
in which the total number of ballots is at least 35% of the number of votes cast in the 
municipality in the last gubernatorial election or, if the school board member was elected 
as a school board member-at-large, 35% of the number of votes cast in the school 
administrative unit in the last gubernatorial election.
10.  Results of recall election.  Within 2 business days of a recall election under this 
section, the municipal clerk, or, if the election was for a school board member-at-large, the 
municipal clerks of each municipality within the school administrative unit, shall certify 
and record the election results and notify the municipal officers of those results. If a 
majority of voters vote to remove the school board member, the recall takes effect on the 
date the election results are recorded pursuant to this subsection.
Sec. 2.  30-A MRSA §2505, first ¶, as enacted by PL 2011, c. 324, §1, is amended 
to read:
Except as otherwise provided by the municipality's ordinances or charter, an elected 
official of a municipality may be recalled from office pursuant to this section. For purposes 
of this section, "official" has the same meaning as in section 2604, subsection 2, except that 
"official" does not include a member of a school board whose recall is governed by Title 
20-A, section 1005.
SUMMARY
This bill provides that public school board members may be recalled only for specified 
behavior or misconduct and may not be recalled for the performance of a required duty or 
a discretionary duty. The petition to recall the school board member must be signed by at 
least 25% of the voters who voted in the last gubernatorial election in the municipality or, 
if the school board member was elected as a school board member-at-large, by at least 25% 
of the voters who voted in the school administrative unit in the last gubernatorial election.  
The recall must be approved by a majority of voters in an election in which the total number 
of ballots is at least 35% of the number of votes cast in the municipality or, if applicable, 
the school administrative unit in the last gubernatorial election.