Statutory Recall Process Almost Never Applicable

Training for: Legal Notes

Recently, we’ve received a slew of inquiries from municipal officials who assume they must follow recall procedures set out in a rarely applicable statute (30-A M.R.S. § 2505) whenever citizens seek recall of an elected municipal official.

Let’s be clear: this is not the case.

Maine law contains no generally applicable recall procedure allowing for the removal of an elected municipal official. However, state law, at 30-A M.R.S. § 2505, does provide a recall process in one extremely rare circumstance. Section 2505 and its procedures apply ONLY in cases where no local charter or ordinance authorizes recall and ONLY IF the official in question was convicted of a crime committed while in office, the victim of which is the municipality itself. The procedures in section 2505 do not apply in any other circumstance.

In all other situations, an elected municipal official may be recalled only if a locally adopted recall procedure has been established. A municipality is not required to provide for recall at all; however, if desired, 30-A M.R.S. § 2602(2) authorizes any municipality, under its home rule authority, to provide for the recall of any elected official other than a school committee member by either charter or ordinance. A school committee member may be recalled only pursuant to a municipal charter provision.

Except in the rare circumstance covered by 30-A M.R.S. § 2505, all aspects of a local recall process (e.g., content and filing of petitions, conduct of recall election) is governed solely by the municipality’s charter or recall ordinance – if any.

For more on recalls see Maine Townsman, “Legal Notes,” “Recall of Local Officials: A Primer,” October 2013, and “Recall Revisited,” September 2011. (S.F.P.) 

Recently, we’ve received a slew of inquiries from municipal officials who assume they must follow recall procedures set out in a rarely applicable statute (30-A M.R.S. § 2505) whenever citizens seek recall of an elected municipal official.

Let’s be clear: this is not the case.

Maine law contains no generally applicable recall procedure allowing for the removal of an elected municipal official. However, state law, at 30-A M.R.S. § 2505, does provide a recall process in one extremely rare circumstance. Section 2505 and its procedures apply ONLY in cases where no local charter or ordinance authorizes recall and ONLY IF the official in question was convicted of a crime committed while in office, the victim of which is the municipality itself. The procedures in section 2505 do not apply in any other circumstance.

In all other situations, an elected municipal official may be recalled only if a locally adopted recall procedure has been established. A municipality is not required to provide for recall at all; however, if desired, 30-A M.R.S. § 2602(2) authorizes any municipality, under its home rule authority, to provide for the recall of any elected official other than a school committee member by either charter or ordinance. A school committee member may be recalled only pursuant to a municipal charter provision.

Except in the rare circumstance covered by 30-A M.R.S. § 2505, all aspects of a local recall process (e.g., content and filing of petitions, conduct of recall election) is governed solely by the municipality’s charter or recall ordinance – if any.

For more on recalls see Maine Townsman, “Legal Notes,” “Recall of Local Officials: A Primer,” October 2013, and “Recall Revisited,” September 2011. (S.F.P.)