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shall not be held to fill the vacancy, but the substitute | district attorney shall serve for the remainder of the unexpired | term. |
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| | A. In the case of a vacancy in the term of a district | attorney who was nominated by primary election before the | general election, the district attorney appointed by the | Governor must be enrolled in the same political party as | the district attorney whose term is vacant. In making the | appointment, the Governor shall choose from any | recommendations submitted by the county committee or | committees of the political party from which the | appointment is to be made. |
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| | | Sec. 13. 30-A MRSA §253, as enacted by PL 1987, c. 737, Pt. A, §2 | | and Pt. C, §106 and amended by PL 1989, c. 6, c. 9, §2 and c. | | 104, Pt. C, §§8 and 10, is further amended to read: |
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| | | §253. Military or naval service; substitutes |
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| | | Whenever a district attorney during the district attorney's | | term of office in time of war, contemplated war or emergency, | | enlists, enrolls, is called or drafted into the military | | service of the United States, that district attorney is not | deemed to have thereby resigned from or abandoned the office; | | nor is the district attorney removable from that office during | | military service except that the term of office may not be | | held to have been lengthened because of this section. From | | the time of induction into service, the district attorney is | | regarded as on leave of absence without pay from the office | and the Governor county commissioners of the prosecutorial | | district shall appoint a competent attorney, a resident of the | | same prosecutorial district, to fill the office while the | | district attorney is in the federal service, but not for a | | longer period than the remaining portion of the district | | attorney's term. During the period of military or naval | | service, the Treasurer of State shall pay to the substitute | | attorney a salary at the same rate as the rate of pay of the | district attorney and amounts so paid shall must be deducted | | from the salary of the district attorney. The attorney so | | appointed to fill the temporary vacancy has the title of | | "substitute district attorney" and possesses all the rights | | and powers and is subject to all the duties and obligations of | | the district attorney. |
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| | | Sec. 14. 30-A MRSA §1352, sub-§1, ¶¶B, C and E, as enacted by PL 1987, c. | | 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6, | | c. 9, §2 and c. 104, Pt. C, §§8 and 10, are further amended to | | read: |
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| | B. Chapter 1, subchapter II 2, sections 61 to 82; |
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