Resolve, Authorizing the Establishment of Prosecutorial Districts in Downeast Maine

Sec. 1. Referendum procedure; form of question. Resolved: That the county commissioners of Hancock and Washington counties shall notify the inhabitants of their respective counties to meet, in the manner prescribed by law for holding a statewide election, at the statewide election held in the month of November 2020, to vote upon the following question:

The voters shall indicate their opinion on this question by a cross or check mark placed against the word "Yes" or "No."

The method of voting and the conduct of the referendum are governed by the Maine Revised Statutes, Title 21-A, and the county commissioners or county administrators shall perform the duties of the Secretary of State prescribed by Title 21-A in the same manner as the county commissioners are required to do in the case of a county bond referendum election held pursuant to Title 30-A, section 938.

Sec. 2. Certification filed with Secretary of State. Resolved: That the results of a referendum under section 1 must be declared by the county commissioners or county administrators of Hancock and Washington counties and due certificate filed by the county commissioners or county administrator of each county with the Secretary of State within 10 days after the date of the election.

Sec. 3. Submission of plan. Resolved: That, if the referendum question under section 1 passes by a majority vote in both Hancock and Washington counties, the county commissioners of each county shall submit a plan to the joint standing committee of the Legislature having jurisdiction over state and local government matters by February 1, 2021. The plan must state whether the county commissioners seek to form a new prosecutorial district or whether the commissioners intend the county to join a neighboring prosecutorial district. If a plan proposes that the county join a neighboring district, the plan must include a letter from the county commissioners of the neighboring district agreeing to the plan.

Sec. 4. Legislation. Resolved: That, if plans are submitted pursuant to section 3, the joint standing committee of the Legislature having jurisdiction over state and local government matters shall introduce legislation during the First or Second Regular Session of the 130th Legislature implementing the plans for Hancock and Washington counties for dissolving Prosecutorial District Number 7 and for each county to either establish a new prosecutorial district or join an existing district. The effective date of such legislation must be January 1, 2023.

Sec. 5. District Attorney for Prosecutorial District Number 7; term of office. Resolved: That, if the referendum question under section 1 passes by a majority vote in both Hancock and Washington counties and legislation is enacted as required in section 4, the district attorney for Prosecutorial District Number 7 shall continue to serve in that position until January 1, 2023.

summary

This resolve requires the county commissioners of Hancock and Washington counties to submit a referendum question to the voters at the statewide election in November 2020. The referendum question is whether the voters of each county desire to direct the county commissioners to dissolve Prosecutorial District Number 7 and develop a plan to either establish a separate prosecutorial district or join a neighboring prosecutorial district. If a majority of voters in both counties vote in favor of this referendum question, the county commissioners of both counties are directed to develop and submit a plan to the joint standing committee of the Legislature having jurisdiction over state and local government matters by February 1, 2021. If the county commissioners plan to join a neighboring prosecutorial district, the county commissioners of that neighboring district are required to submit a report to the committee stating their consent to the addition. The committee is directed to introduce legislation in the First or Second Regular Session of the 130th Legislature that implements the plans of the counties. The plans and the dissolution of Prosecutorial District Number 7 take effect January 1, 2023.