SP0111, LD 370, item 1, An Act To Facilitate State Employee Service in the Legislature

An Act To Facilitate State Employee Service in the Legislature

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 5 MRSA §7056-A, sub-§4, as amended by PL 2007, c. 130, §1, is further amended to read:

4. Candidacy for elective office. An Except as provided in subsection 6, paragraph F, an officer or employee in the classified service or an employee from the executive branch in the unclassified service of this State, except for an officer or enlisted person in the Maine National Guard, may not be a candidate for elective office in a partisan public election other than for a local office. This subsection may not be construed as prohibiting an officer or employee of the State from being a candidate in an election if none of the candidates is nominated or elected at that election as representing a party whose candidates for presidential elector received votes in the last preceding election during which presidential electors were selected. Law enforcement officers continue to be subject to departmental rules regarding procedures on candidacy.

Sec. 2. 5 MRSA §7056-A, sub-§6, as enacted by PL 1997, c. 498, §6, is amended to read:

6. Rights of participation in political organizations and activities. An officer or an employee of the classified service or an employee from the executive branch in the unclassified service of this State may:

A. Campaign for and hold an elective office in political clubs and organizations;

B. Contribute money to political organizations or attend political fundraising functions;

C. Donate personal time and service to a political cause;

D. Be a candidate for public office in a nonpartisan election; and

E. Participate in any other activity not specifically prohibited by state or federal law . ; and

F. Campaign for and hold a partisan elective office in the Legislature. An officer or employee under this paragraph shall resign or request and take a leave of absence under section 7073 from the officer's or employee's position in the classified and unclassified service prior to becoming a candidate for or hold legislative office and may not engage in or influence any activities of the officer's or employee's former position while a candidate for or serving in the Legislature.

Sec. 3. 5 MRSA §7073 is enacted to read:

§ 7073. Unpaid leave during legislative service

An officer or employee in the classified service or an employee from the executive branch in the unclassified service of this State who campaigns for or serves in the Legislature under section 7056-A, subsection 6, paragraph F may be granted an unpaid leave of absence pursuant to Title 26, section 821.

summary

This bill allows an officer or employee in classified and unclassified service of the State to campaign for and serve in partisan elective office in the Legislature if the officer or employee first resigns or requests and takes a leave of absence from the classified or unclassified service. The officer or employee may be granted unpaid leave while serving in the Legislature under the same provision of law that allows employees in general to be granted a leave of absence from their employment during their service in the Legislature.

SP0111 LD 370	Session - 129th Maine Legislature		LR 768 Item 1
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