Town of Casco, ME
Cumberland County
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[HISTORY: Adopted by the Town of Casco as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-2-2010 by referendum]
This article is adopted pursuant to 30-A M.R.S.A. § 2602(6).
Any elected member of the Selectboard of the Town of Casco may be recalled and removed from office as herein provided for.
The petition for recall must contain only signatures of the registered voters of the Town of Casco, equal to 10% of the number of votes cast in the last gubernatorial election but in all cases no fewer than 10.
The petition shall be addressed to those members of the Selectboard having no interest in the subject matter of the petition; if petition for the recall of all members of the Selectboard is submitted, then the petition will be addressed to the Town Clerk.
The petition shall state the name and office of the person whose removal is being sought.
If recall of more than one official is being sought there shall be a separate petition for each official whose removal is being sought.
Each page of the petition shall provide a space for the voter's signature, address and printed name.
All petition pages thereof shall be filed as one document.
Within 10 days of receipt of the petition, the Town Clerk shall certify the signatures contained on the petition and shall determine if the petition meets all of the qualifications as set forth in § 40-3 of this article. Should the petition be found insufficient, the petition will be filed in the Town Clerk's office and the voter who filed the petition will be notified.
If the petition is certified by the Town Clerk to be sufficient, he or she will submit the same with his or her certification to the Selectboard at its next regular meeting and shall notify the official or officials whose removal is being sought of such action.
The Selectboard, upon receipt of the certified petition, shall within 10 days' time of receipt order an election by secret ballot, pursuant to 30-A M.R.S.A. § 2528, to be held not less than 45 nor more than 60 days thereafter, provided that a regular municipal election will not be held within 90 days of receipt of the certified petition; in this case, the Selectboard may at its discretion provide for the holding of the recall election on the date of the regular municipal election.
In the event that the Selectboard fails or refuses to order an election as herein provided, the Town Clerk shall call the election to be held not less than 45 days nor more than 60 days following the Selectboard's failure or refusal to order the required election.
Unless the official or officials whose removal is being sought have resigned within 10 days of receipt of the petition by the Selectboard or Town Clerk, the ballots shall be printed and shall read, "SHALL __________ BE RECALLED?," with the name of the official whose recall is being sought inserted in the blank space.
In the event of an affirmative vote for removal, such vote shall take effect as of the recording of the vote tabulation into the records.
Any vacancy resulting from removal from office under this article shall be filled in accordance with the provisions contained in the Maine state statutes.