| HP0967 LD 1321 |
First Regular Session - 125th Maine Legislature |
LR 1966 Item 1 |
|
| Bill Tracking, Additional Documents | Chamber Status | ||
RESOLUTION, Proposing an Amendment to the Constitution of Maine To Allow for the Appointment of County Sheriffs, Judges and Registers of Probate
Constitutional amendment. Resolved: Two thirds of each branch of the Legislature concurring, that the following amendment to the Constitution of Maine be proposed:
Constitution, Art. VI, §6 is amended to read:
Section 6. Judges and registers of probate, election and tenure; vacancies. Judges Except as provided in Section 7, judges and registers of probate shall be elected by the people of their respective counties, by a plurality of the votes given in, at the biennial election on the Tuesday following the first Monday of November, and shall hold their offices for 4 years, commencing on the first day of January next after their election. Vacancies occurring in said offices by death, resignation or otherwise, shall be filled by election in manner aforesaid at the November election, next after their occurrence; and in the meantime, the Governor may fill said vacancies by appointment, and the persons so appointed shall hold their offices until the first day of January next after the election aforesaid.
Constitution, Art. VI, §7 is enacted to read:
Section 7. Appointment of judges and registers of probate; tenure; vacancies. In a county with a county charter legally in effect that determines the structure of county government, the county commissioners of that county may appoint the judges and registers of probate for that county. Judges and registers of probate appointed pursuant to this section hold their offices for 4 years. If a vacancy occurs in those offices by death, resignation or otherwise, the county commissioners shall fill that vacancy by appointment for the remainder of the term of the person who vacated the office.
Constitution, Art. IX, §10 is amended to read:
Section 10. Tenure of sheriffs. Sheriffs shall be elected by the people of their respective counties, by a plurality of the votes given in on the Tuesday following the first Monday of November, and shall hold their offices for 4 years from the first day of January next after their election, unless sooner removed as hereinafter provided ; except that, in a county with a county charter legally in effect that determines the structure of county government, the county commissioners of that county may appoint the sheriff, who shall hold the office for 4 years.
Removal of sheriffs from office and replacement. Whenever the Governor upon complaint, due notice and hearing shall find that a an elected sheriff is not faithfully or efficiently performing any duty imposed upon the sheriff by law, the Governor may remove such sheriff from office and appoint another sheriff to serve for the remainder of the term for which such removed sheriff was elected. Whenever the county commissioners in a county in which the sheriff was appointed by the county commissioners, upon complaint, due notice and hearing, find that a sheriff is not faithfully or efficiently performing any duty imposed upon the sheriff by law, the county commissioners may remove such sheriff from office and appoint another sheriff to serve for the remainder of the term for which such removed sheriff was appointed. All vacancies in the office of sheriff, other than those caused by removal in the manner aforesaid shall be filled in the same manner , either election or appointment, as is provided in that county in the case of judges and registers of probate.
"Do you favor amending the Constitution of Maine to allow for the appointment of judges of probate, registers of probate and sheriffs by the county commissioners in a county with a county charter in effect?"
The legal voters of each city, town and plantation shall vote by ballot on this question and designate their choice by a cross or check mark placed within the corresponding square below the word "Yes" or "No." The ballots must be received, sorted, counted and declared in open ward, town and plantation meetings and returns made to the Secretary of State in the same manner as votes for members of the Legislature. The Governor shall review the returns. If it appears that a majority of the legal votes are cast in favor of the amendment, the Governor shall proclaim that fact without delay and the amendment becomes part of the Constitution of Maine on the date of the proclamation; and be it further
Secretary of State shall prepare ballots. Resolved: That the Secretary of State shall prepare and furnish to each city, town and plantation all ballots, returns and copies of this resolution necessary to carry out the purposes of this referendum.
SUMMARY
This resolution proposes to amend the Constitution of Maine to allow a county with a county charter that includes a provision for the county commissioners to appoint judges of probate, registers of probate and sheriffs. It does not change the requirement for these positions to be elected if the county has not adopted a charter or has adopted a charter that does not provide for the appointment of these positions.
Resolve 1967, chapter 77 repealed the Constitution of Maine, Article VI, Section 6, regarding the election of judges and registers of probate, contingent upon the Legislature’s enactment of a different Probate Court system with full-time judges. That contingency has not occurred, allowing for this amendment.