VTCODE

CHAPTER 1. DEFINITIONS

Sec.

§ 1. Repealed. 1977, No. 269 (Adj. Sess.), § 4(a).

History

Former § 1. Former § 1, relating to general definitions, was derived from 1955, No. 282 ; 1951, No. 2 , §§ 1, 22; V.S. 1947, §§ 98, 99; 1935, No. 4 , § 1; P.L. §§ 80, 81; G.L. §§ 69, 70; 1917, No. 254 , § 73; P.S. §§ 65, 66; 1904, No. 57 , § 1; 1904, No. 58 , § 1; 1902, No. 90 , § 99; 1896, No. 4 , § 1; V.S. §§ 57, 59; 1894, No. 162 , § 57; 1893, No. 52 , § 1 1886, No. 90 , § 2 and amended by 1965, No. 187 , § 1; 1973, No. 172 (Adj. Sess.), § 13; 1975, No. 189 (Adj. Sess.), § 14. The subject matter is now covered by § 2103 of this title.

CHAPTER 3. RIGHTS AND QUALIFICATIONS OF VOTERS

Sec.

§§ 61-69. Repealed. 1977, No. 269 (Adj. Sess.), § 4(a).

History

Former §§ 61-69. Former § 61, relating to citizenship, was derived from V.S. 1947, § 100; P.L. § 82; G.L. § 71; P.S. § 67; V.S. § 60; R.L. § 61. The subject matter is now covered by §§ 2121-2125 of this title.

Former § 62, relating to voters at general election, was derived from 1957, No. 51 , § 1; V.S. 1947, § 101; P.L. § 83; 1921, No. 5 , § 1; G.L. § 72; 1912, No. 3 , § 1; P.S. § 68; V.S. § 61; 1884, No. 60 , § 1; R.L. § 62; G.S. 1, §§ 1, 2, 3; 1860, No. 20 , § 1; R.S. 1, §§ 1, 2, 3; 1812, p. 129, § 1; R. 1797, p. 550, § 5; 1793, p. 16, § 3; R. 1787, p. 50, § 3 and amended by 1971, No. 90 , § 9; 1973, No. 172 (Adj. Sess.), § 1. The subject matter is now covered by § 2121 of this title.

Former § 63, relating to nonresidence, was derived from V.S. 1947, § 102; P.L. § 84; G.L. § 73; P.S. § 69; V.S. § 62; 1884, No. 60 , § 1; R.L. § 62; G.S. 1, § 6; 1864, No. 72 ; R.S. 1, § 6; 1812, p. 129, § 2 and amended by 1971, No. 90 , § 10. The subject matter is now covered by § 2125 of this title.

Former § 64, relating to residence, was derived from 1957, No. 51 , § 2; 1951, No. 2 , § 2; V.S. 1947, § 103; P.L. § 85; G.L. § 74; P.S. § 70; V.S. § 63; 1888, No. 151 , § 1; R.L. § 63; G.S. 1, § 5; R.S. 1, § 5; 1812, p. 129, § 1 and amended by 1971, No. 90 , § 11; 1971, No. 184 (Adj. Sess.), §§ 4, 26; 1973, No. 172 (Adj. Sess.), § 2. The subject matter is now covered by §§ 2121-2125 of this title.

Former § 65, relating to retaining residence, was derived from V.S. 1947, § 104; 1935, No. 5 , § 1; P.L. § 86; 1925, No. 2 ; G.L. § 75; 1917, No. 254 , § 79; 1915, No. 2 ; P.S. § 71; V.S. § 64; 1888, No. 151 , § 1; R.L. § 63 and previously repealed by 1973, No. 172 (Adj. Sess.), § 15. The subject matter is now covered by §§ 2121-2125 of this title.

Former § 66, relating to residence in special cases, was derived from V.S. 1947, § 105; P.L. § 87; G.L. § 77; 1915, No. 1 , § 6; P.S. § 73; V.S. § 65; 1888, No. 155 , §§ 1, 2, 3; R.L. § 63; 1876, No. 94 ; 1870, No. 2 , § 9 and amended by 1971, No. 90 , § 12; 1975, No. 189 (Adj. Sess.), § 1. The subject matter is now covered by § 2122 of this title.

Former § 67, relating to retention of voting rights upon removal from State, was derived from 1957, No. 224 , § 1 and previously repealed by 1973, No. 172 (Adj. Sess.), § 15. The subject matter is now covered by §§ 2121-2125 of this title.

Former § 68, relating to the freeman's oath, was derived from 1951, No. 2 , § 3; V.S. 1947, § 106; P.L. § 88; 1929, No. 3 ; G.L. § 78; 1912, No. 3 , § 2; P.S. § 74; V.S. § 66; R.L. § 64; G.S. 1, § 4; R.S. 1, § 4; 1812, p. 130, § 3; R. 1797, p. 550, § 5; R. 1787, p. 50, § 4. The subject matter is now covered by § 2124 of this title.

Former § 69, relating to the number of qualified voters, was derived from V.S. 1947, § 107; P.L. § 89; 1933, No. 157 , § 45 and amended by 1965, No. 187 , § 4. The subject matter is now covered by §§ 2121-2125 of this title.

Annotations From Former § 61

1. Citizenship and domicile distinguished.

Citizenship and domicile are not identical, nor does either necessarily control the other; and a mere change of domicile does not effect a change of allegiance. State ex rel. Phelps v. Jackson, 79 Vt. 504, 65 A. 657, 54 Harv. L. Rev. 870 (1907).

2. Citizenship .

Where it appears only that a person is a resident of this State, he will be presumed to be also a citizen thereof. State ex rel. Phelps v. Jackson, 79 Vt. 504, 65 A. 657, 54 Harv. L. Rev. 870 (1907).

Where it appears that a resident of this State was born in a foreign country, it will be presumed that he is still a citizen of that country, notwithstanding his residence here. State ex rel. Phelps v. Jackson, 79 Vt. 504, 65 A. 657, 54 Harv. L. Rev. 870 (1907).

To overcome the presumption of continuance of allegiance proved to have existed at a certain time, evidence must be adduced of actual removal or continued residence abroad, with a fixed purpose to terminate former allegiance. State ex rel. Phelps v. Jackson, 79 Vt. 504, 65 A. 657, 54 Harv. L. Rev. 870 (1907).

*3. Evidence.

Declarations of deceased person, who was born an American citizen, made while he was residing abroad and evincing intention to adhere to allegiance of his birth, were admissible upon question of his then citizenship. State ex rel. Phelps v. Jackson, 79 Vt. 504, 65 A. 657, 54 Harv. L. Rev. 870 (1907).

4. Poll taxes.

Neither the State of Vermont nor a city within the State can make the payment of a poll tax a prerequisite to voting. 1964-66 Op. Atty. Gen. 188.

Annotations From Former § 62

1. Constitutionality.

In considering whether a one year residency requirement for all elections, provided by this section prior to amendment by Act 1971, No. 90 , § 9, constituted a violation of equal protection, a fundamental right, the right to vote, was at stake, and the standard of review to be applied was that the discriminatory classification could be upheld only if it was necessary in the service of some compelling State interest. Kohn v. Davis, 320 F. Supp. 246 (D. Vt. 1970), aff'd, 405 U.S. 1034, 92 S. Ct. 1305, 31 L. Ed. 2d 576 (1972).

In an action for injunctive and declaratory relief, restraining operation of Vermont laws and officials, presenting the question whether a one year residency requirement for voting in all elections violated the Equal Protection Clause by preventing plaintiffs from exercising their fundamental right to vote, there was no presumption of constitutionality in defendants' favor, and defendants had the burden of proving that the discriminatory classification was necessary in the service of some compelling State interest. Kohn v. Davis, 320 F. Supp. 246 (D. Vt. 1970), aff'd, 405 U.S. 1034, 92 S. Ct. 1305, 31 L. Ed. 2d 576 (1972).

The Constitution of the United States proscribes a treatment differential promoted by the state in limiting the rights of a bona fide resident simply because he is a recent arrival. Kohn v. Davis, 320 F. Supp. 246 (D. Vt. 1970), aff'd, 405 U.S. 1034, 92 S. Ct. 1305, 31 L. Ed. 2d 576 (1972).

Vermont one year residency requirement to vote in elections penalized recent arrivals from other states who had not fulfilled the requirement even though they had become bona fide residents, thereby hampering their fundamental right to travel interstate, and State officials named defendants in challenge to requirement had burden of proving that the restriction was justified as being necessary in the service of some compelling State interest. Kohn v. Davis, 320 F. Supp. 246 (D. Vt. 1970), aff'd, 405 U.S. 1034, 92 S. Ct. 1305, 31 L. Ed. 2d 576 (1972).

The one year durational residency required by this section and § 63 of this title as they read prior to amendment by Act 1971, No. 90 , §§ 9, 10, and by section 34 of Chapter II of the Vermont Constitution, as a condition precedent to the right to vote in Vermont was an unconstitutional limitation on the fundamental rights to vote and travel interstate. Kohn v. Davis, 320 F. Supp. 246 (D. Vt. 1970), aff'd, 405 U.S. 1034, 92 S. Ct. 1305, 31 L. Ed. 2d 576 (1972).

2. Construction.

Election laws, particularly those relating to voter eligibility, are to be liberally construed to the end that persons shall not be arbitrarily disenfranchised. 1971 Op. Atty. Gen. No. 781-F.

3. Municipal residence.

Under subsec. (a) of this section, a citizen who has resided in Vermont for 30 days next preceding a general election may vote in that election, in the municipality in which he has his legal domicile, for electors of President and Vice President, regardless of how short or long a period of time he may have had his residence in the municipality. 1971 Op. Atty. Gen. No. 798-F.

Under subsec. (b) of this section, a citizen who has resided in Vermont for 90 days next preceding a primary or general election may vote in such election, in the municipality in which he has his legal domicile, for U.S. Senators and the Representative to Congress and for all officers elected by the entire State, regardless of how short or long the time period of his residence in that municipality. 1971 Op. Atty. Gen. No. 798-F.

Under subsec. (c) of this section, a citizen who has resided in a county, State senatorial district, or State representative district for 90 days next preceding a general or primary election, whose legal domicile on the date of such election is in such county or district, is eligible to vote there for officers to be nominated or elected within the county, senatorial district, or representative district, as the case may be, regardless of how long or short a time period he may have resided in the municipality where he is then legally domiciled. 1971 Op. Atty. Gen. No. 798-F.

The only instances in which the time a person has resided in the municipality where his legal domicile is situated is significant and controls his eligibility to vote are the election for justices of the peace for his town, in which, under subsec. (d) of this section, he can vote if he has resided in such town for 90 days next preceding the election, and annual or special municipal meetings, at which, under 24 V.S.A. § 701, he may vote if he has resided in such municipality as his legal domicile for 180 days. 1971 Op. Atty. Gen. No. 798-F.

The municipality in which a person claims the right to vote must, in fact, be his legal domicile. 1971 Op. Atty. Gen. No. 798-F.

4. Naturalization.

Foreigners who have resided in the State the prescribed period of time are entitled to vote immediately upon being naturalized. 1968 Op. Atty. Gen. No. 78.

5. Reapportionment.

Reapportionment legislation did not change the law concerning the eligibility of voters. 1964-66 Op. Atty. Gen. 297.

Annotations From Former § 63

1. Constitutionality.

The one year durational residency required by this section and § 62 of this title as they read prior to amendment by Act 1971, No. 90 , §§ 9, 10, and section 34 of Chapter II of the Vermont Constitution, as a condition precedent to the right to vote in Vermont was an unconstitutional limitation on the fundamental rights to vote and travel interstate. Kohn v. Davis, 320 F. Supp. 246 (D. Vt. 1970), aff'd, 405 U.S. 1034, 92 S. Ct. 1305, 31 L. Ed. 2d 576 (1972).

Annotations From Former § 64

1. Construction with other laws.

This section and § 66 of this title should be read together as part of single system of law. 1956-58 Op. Atty. Gen. 226.

2. Determination of residence or domicile .

Subsec. (a) of this section requires only an intent to reside in a town indefinitely, not permanently. Shivelhood v. Davis, 336 F. Supp. 1111 (D. Vt. 1971).

In determining "intention of remaining there indefinitely" under subsec. (a) of this section, it is the actual and good faith intent which is to be determined, from all surrounding circumstances, not the apparent probability or likelihood of a change in that intent in the near or distant future. 1971 Op. Atty. Gen. No. 781-F.

Those charged with determining matter of intent should do so with an open mind and exclusively on the basis of the evidence before them, and if that evidence, including the credibility of claimant and other witnesses, would persuade a reasonable man, or fail to satisfy him, they should make their determination accordingly. 1971 Op. Atty. Gen. No. 781-F.

Legal domicile is a mixed question of law and fact, primarily of fact, to be determined in the last analysis by the intent of the claimant as evidenced by all visible evidence tending to show intent, and not necessarily only by what claimant says his intent is. 1971 Op. Atty. Gen. No. 781-F.

In determining legal domicile, intent to return to a town from which one is absent but in which one is domiciled cannot necessarily be measured by any specific period of time; a long absence may be evidence of an intent to abandon one domicile or adopt another, but is not necessarily conclusive and is only one factor to be considered and weighed in the light of all other available evidence. 1971 Op. Atty. Gen. No. 781-F.

*3. Statement and proof of residence.

The board of civil authority is required to place on the check list any member of the class who files a statement under subsec. (b) of this section unless the board has sufficient evidence which would serve to rebut such a statement. Shivelhood v. Davis, 336 F. Supp. 1111 (D. Vt. 1971).

A statement filed in accord with subsec. (b) of this section is sufficient to establish the claim if it is not rebutted or contradicted. 1971 Op. Atty. Gen. No. 781-F.

Once the statement required by subsec. (b) of this section is filed, responsibility to investigate its veracity devolves upon the board of civil authority, and the statement becomes conclusive if the board takes no action or the correctness of the statement is confirmed. 1971 Op. Atty. Gen. No. 781-F.

The statement required by subsec. (b) of this section will not provide any assistance in determining how long the person has resided in the State, county, or State senatorial or representative district, and will serve as a prima facie evidence of the time spent in the municipality, district, county, and State only to the extent of the time it shows the person to have resided in the town where the statement was filed, and if it does not show a sufficiently long residence in the State, county, or district to vote in a given election he will have to provide other evidence. 1970 Op. Atty. Gen. No. 978-F.

*4. Students.

The fact that a student lives in a dormitory, is unmarried, is supported financially by his parents, who live elsewhere, would be considered a minor in the state in which his parents live and occasionally visits his parents, is not alone sufficient to preclude domicile for voting purposes in the town in which the student attends school, although such factors may be considered together with other evidence. Shivelhood v. Davis, 336 F. Supp. 1111 (D. Vt. 1971).

Annotations From Former § 65

1. Generally.

Section is not mandatory, but permits a voter, who is to be temporarily absent on election day, to satisfy those concerned that he intends to retain the town wherein he has been residing as his domicile. 1936 Op. Atty. Gen. 502.

2. Applicability of section.

Section applies to primary elections as well as general elections. 1930 Op. Atty. Gen. 16.

3. Residence.

The term "residence" as used in this and other provisions relating to the qualifications of voters is synonymous with home and domicile, denoting a permanent dwelling place to which the party when absent intends to return. 1936 Op. Atty. Gen. 502.

A summer resident who desires to change his residence to a town in this State and buys property and makes for himself a home would, after a year, be entitled to vote, and his mere physical absence from the town or State, being regarded by him as temporary, is not such an act as would disqualify him from voting. 1940 Op. Atty. Gen. 345.

4. Declaration of intent.

Even though he has filed a declaration of intent under this section, a person who moved from one district to another is ineligible to be a candidate to the General Assembly unless he has lived in the new location for one year prior to the date of the general election as provided in § 15 of Chapter II of the Vermont Constitution. 1964-66 Op. Atty. Gen. 298.

Annotations From Former § 66

1. Construction with other laws.

This section and § 64 of this title should be read together as part of single system of law. 1956-58 Op. Atty. Gen. 226.

2. Determination of residence .

Presence of absence alone is not sufficient to gain or lose a voting residence, and when an attempt is made to gain a residence of virtue of presence, a showing of eligibility must be accompanied by the existence of the other qualifications as well. 1968 Op. Atty. Gen. No. 82.

*3. Members of armed forces.

This section and § 64 of this title, construed together, give the result that the residence for voting purposes of a member of the armed forces who has a family which he supports is in the place where that family is supported. 1946 Op. Atty. Gen. 227.

*4. Spouses of members of armed forces.

A man or woman from a particular town who is a bona fide resident with a right to vote therein does not lose his residence by reason of having served in the military forces of the United States, but this provision does not mean that if such resident marries while away from his home, his spouse acquires any derivative right to vote by such marriage. 1946 Op. Atty. Gen. 244.

*5. Students.

The provision of this section relating to college students means no more than that they may not gain, or lose, a residence for voting purposes simply because they are attending a college. 1971 Op. Atty. Gen. No. 781-F.

For voting purposes, the residence of an otherwise eligible college student is the town in which he is legally domiciled as his permanent dwelling place with the intention of remaining there indefinitely or returning there is absent from it. 1971 Op. Atty. Gen. No. 781-F.

If an otherwise qualified college student can establish his legal domicile as being in the town where he is attending college, he is entitled to have his name placed on the check list and to vote in that town. 1971 Op. Atty. Gen. No. 781-F.

Some of the factors that may, in a given case, be evidence of a college student's intent to adopt a town as his legal domicile, all of which may be absent and such intent still be found in some instances, are: Ownership of and payment of property taxes on property; permanent and/or temporary mailing address; where poll taxes are paid; place of residence in the town (facilities provided by the college or rented or owned property for example); where and with whom he lives during vacations; if previous legal domicile where and with whom he lives during vacations; if previous legal domicile is in another state that considers or would consider him a minor, whether he is legally emancipated there from control by his parents or guardian; place and nature of any gainful employment and whether college is employer and for purpose of defraying college expenses; whether he has a Vermont driver's license or would need one to drive in Vermont; place where any owned motor vehicles are registered and address on registration; whether he hold any other license required by Vermont or one of its municipalities; extent of involvement in official, political, social, and other affairs of town claimed as domicile, apart from those of an institution he attends as a student; whether he has personal income to maintain himself in the town independently of his parents; evidence of interests or reasons which would motivate him to remain in or return to the town as a permanent resident, other than attendance at a college there. 1971 Op. Atty. Gen. No. 781-F.

Annotations From Former § 68

1. Preparation of check list.

At hearings for revising check list, board of civil authority shall hear and determine questions as to list of voters, but person claiming right to have his name inserted upon a check list as voter need not be present, unless on demand of majority of board present for examination under oath. 1940 Op. Atty. Gen. 348, 1930 Op. Atty. Gen. 16.

2. Administration of oath .

Based on the provisions of § 205 of this title and 12 V.S.A. § 5854 any of the following are authorized to administer the freeman's oath: board of civil authority, county clerks, justices of the peace, judges and registers of probate, judges and clerks of district courts, notaries public, and masters in chancery, and boards of civil authority have no right to change a person's options and require that the oath be administered only by the board. 1968 Op. Atty. Gen. No. 80.

A selectboard member has no authority, acting individually and apart from his participation with and as a member of the board of civil authority, to administer the freeman's oath. 1972 Op. Atty. Gen. 405.

Freeman's oath of absentee members of armed forces of United States may be administered by commissioned officer of Army or Navy or any other officer qualified to administer oaths. 1942 Op. Atty. Gen. 449.

Freeman's oath may be administered by the board of civil authority, or by county clerks, justices of the peace, judges and registers of probate, judges and clerks of municipal courts, notaries public, and masters in chancery. 1940 Op. Atty. Gen. 348.

Any person authorized to administer oaths can administer freeman's oath, but board of civil authority has right to approve of it before person can be admitted to take oath or vote at election. 1930 Op. Atty. Gen. 19.

*3. Readministration.

If a person has taken the freeman's oath in one town, he need not do so again in another town, provided he can establish that he has taken it, and in case of reasonable doubt, it is suggested that the oath be administered again. 1971 Op. Atty. Gen. No. 798-F.

CHAPTER 5. ABSENT VOTERS

Sec.

§§ 121-148. Repealed. 1977, No. 269 (Adj. Sess.), § 4(a).

History

Former §§ 121-148. Former § 121, relating to definitions, was derived from 1953, No. 97 , § 2; 1951, No. 1 ; V.S. 1947, § 109; P.L. § 91; 1933, No. 157 , § 47; 1927, No. 2 , § 1; 1925, No. 4 , § 1; 1925, No. 5 , § 1; 1919, No. 7 , § 1 and amended by 1967, No. 277 (Adj. Sess.), § 2; 1975, No. 189 (Adj. Sess.), § 2. The subject matter is now covered by §§ 2531-2550 of this title.

Former § 122, relating to voters, was derived from V.S. 1947, § 110; P.L. § 92; 1927, No. 2 , § 2; 1925, No. 4 , § 2; 1925, No. 5 , § 2; 1919, No. 7 , § 2. The subject matter is now covered by §§ 2531-2550 of this title.

Former § 123, relating to application for ballot, was derived from 1953, No. 97 , § 1; V.S. 1947, § 111; 1941, No. 3 , § 1; 1937, No. 4 , § 1; 1935, No. 6 , § 1; P.L. § 93; 1929, No. 2 , § 1; 1927, No. 2 , § 3; 1927, No. 1 , §§ 1, 2; 1925, No. 4 , § 3; 1925, No. 5 , § 3; 1921, No. 4 , § 1; 1919, No. 7 , § 3 and was amended by 1975, No. 189 (Adj. Sess.), § 3. The subject matter is now covered by § 2531 of this title.

Former § 124, relating to printing of applications, was derived from V.S. 1947, § 112; 1943, No. 1 , § 1; 1935, No. 6 , § 1; P.L. § 93; 1929, No. 2 , § 1; 1927, No. 2 , § 3; 1927, No. 1 , §§ 1, 2; 1925, No. 4 , § 3; 1925, No. 5 , § 3; 1921, No. 4 , § 1; 1919, No. 7 , § 3 and was previously repealed by 1975, No. 189 (Adj. Sess.), § 17. The subject matter is now covered by §§ 2531-2550 of this title.

Former § 125, relating to color of applications, was derived from V.S. 1947, § 113; 1935, No. 6 , § 1; P.L. § 93; 1929, No. 2 , § 1; 1927, No. 2 , § 3; 1927, No. 3 , §§ 1, 2; 1925, No. 4 , § 3; 1925, No. 5 , § 3; 1921, No. 4 , § 1; 1919, No. 7 , § 3 and was previously repealed by 1975, No. 189 (Adj. Sess.), § 17. The subject matter is now covered by §§ 2531-2550 of this title.

Former § 126, relating to form of application, was derived from 1951, No. 2 , § 4; V.S. 1947, § 114; 1935, No. 6 , § 1; P.L. § 93; 1929, No. 2 , § 1; 1927, No. 2 , § 3; 1927, No. 1 , §§ 1, 2; 1925, No. 4 , § 3; 1925, No. 5 , § 3; 1921, No. 4 , § 1; 1919, No. 7 , § 3 and was previously repealed by 1975, No. 189 (Adj. Sess.), § 17. The subject matter is now covered by § 2532 of this title.

Former § 127, relating to requests for application, was derived from V.S. 1947, § 115; 1935, No. 6 , § 1; P.L. § 93; 1929, No. 2 , § 1; 1927, No. 2 , § 3; 1927, No. 1 , §§ 1, 2; 1925, No. 4 , § 3; 1925, No. 5 , § 3; 1921, No. 4 , § 1; 1919, No. 7 , § 3 and was amended by 1975, No. 189 (Adj. Sess.), § 4. The subject matter is now covered by § 2532 of this title.

Former § 128, relating to notification of invalid application, was derived from V.S. 1947, § 116; 1935, No. 6 , § 1; P.L. § 93; 1929, No. 2 , § 1; 1927, No. 2 , § 3; 1927, No. 1 , §§ 1, 2; 1925, No. 4 , § 3; 1925, No. 5 , § 3; 1921, No. 4 , § 1; 1919, No. 7 , § 3 and was amended by 1975, No. 189 (Adj. Sess.), § 5. The subject matter is now covered by § 2533 of this title.

Former § 129, relating to list of absent voters and delivery of ballots, was derived from V.S. 1947, § 117; 1937, No. 4 , § 2; 1935, No. 6 , § 2; P.L. § 94; 1929, No. 2 , § 2; 1927, No. 2 , § 4; 1925, No. 5 , § 4; 1919, No. 7 , § 4 and was amended by 1975, No. 189 (Adj. Sess.), § 6. The subject matter is now covered by §§ 2534 and 2538 of this title.

Former § 130, relating to preparation of special ballots, was derived from V.S. 1947, § 118; 1943, No. 4 , § 1; P.L. § 95; 1931, No. 5 , § 6; 1929, No. 2 , § 3; 1927, No. 2 , § 5; 1925, No. 4 , § 4; 1921, No. 4 , § 2; 1919, No. 7 , § 5 and amended by 1965, No. 187 , § 5; 1967, No. 273 (Adj. Sess.), § 1; 1977, No. 42 , § 7. The subject matter is now covered by §§ 2531-2550 of this title.

Former § 131, relating to number of ballots and envelopes, was derived from V.S. 1947, § 119; 1947, No. 202 , § 120; 1935, No. 6 , § 3; P.L. § 96; 1931, No. 5 , § 6; 1929, No. 2 , § 3; 1927, No. 2 , § 5; 1925, No. 4 , § 4; 1921, No. 4 , § 2; 1919, No. 7 , § 5. The subject matter is now covered by §§ 2531-2550 of this title.

Former § 132, relating to preparation of town ballots and envelopes, was derived from V.S. 1947, § 120; 1943, No. 4 , § 2; P.L. § 97; 1931, No. 5 , § 6; 1929, No. 2 , § 3; 1927, No. 2 , § 5; 1925, No. 4 , § 4; 1921, No. 4 , § 2; 1919, No. 7 , § 5 and amended by 1963, No. 231 , § 1; 1965, No. 187 , § 6; 1975, No. 189 (Adj. Sess.), § 7; 1977, No. 42 , § 14. The subject matter is now covered by §§ 2531-2550 of this title.

Former § 133, relating to marking of ballots by officer taking oath, was derived from V.S. 1947, § 121; P.L. § 98; 1933, No. 2 , § 1. The subject matter is now covered by § 2541 of this title.

Former § 134, relating to form and size of special ballots, was derived from 1951, No. 2 , § 5; V.S. 1947, § 122; 1935, No. 6 , § 4; P.L. § 99; 1933, No. 2 , § 2; 1933, No. 157 , § 54; 1931, No. 5 , § 7; 1929, No. 2 , § 4; 1927, No. 2 , § 6; 1925, No. 5 , §§ 5, 8; 1919, No. 7 , § 6 and amended by 1963, No. 231 , § 2; 1975, No. 189 (Adj. Sess.), § 17; 1977, No. 42 , § 8. The subject matter is now covered by §§ 2531-2550 of this title.

Former § 135, relating to return of ballot and affidavit, was derived from 1951, No. 2 , § 6; V.S. 1947, § 123; 1935, No. 6 , § 4; P.L. § 99; 1933, No. 2 , § 2; 1933, No. 157 , § 54; 1931, No. 5 , § 7; 1929, No. 2 , § 4; 1927, No. 2 , § 6; 1925, No. 5 , § 8; 1919, No. 7 , § 6 and amended by 1975, No. 189 (Adj. Sess.), § 8. The subject matter is now covered by § 2543 of this title.

Former § 136, relating to delivery of ballots to voters, was derived from V.S. 1947, § 124; 1935, No. 6 , § 5; P.L. § 100; 1933, No. 157 , § 55; 1929, No. 2 , § 5; 1927, No. 2 , § 7; 1925, No. 4 , § 5; 1919, No. 7 , § 7 and amended by 1963, No. 231 , § 3; 1975, No. 189 (Adj. Sess.), § 9. The subject matter is now covered by §§ 2531-2550 of this title.

Former § 137, relating to duties of justices of the peace, was derived from V.S. 1947, § 125; 1941, No. 4 , § 1; 1935, No. 6 , § 5; P.L. § 100; 1933, No. 157 , § 55; 1929, No. 2 , § 5; 1927, No. 2 , § 7; 1925, No. 4 , § 5; 1919, No. 7 , § 7 and amended by 1963, No. 231 , § 4; 1973, No. 67 , § 1, 1975, No. 189 (Adj. Sess.), § 10. The subject matter is now covered by § 2538 of this title.

Former § 138, relating to delivery of ballots by justice of the peace, was derived from V.S. 1947, § 126; 1935, No. 6 , § 5; P.L. § 100; 1933, No. 157 , § 55; 1929, No. 2 , § 5; 1927, No. 2 , § 7; 1925, No. 4 , § 5; 1919, No. 7 , § 7 and amended by 1963, No. 231 , § 5; 1975, No. 189 (Adj. Sess.), § 11. The subject matter is now covered by § 2538 of this title.

Former § 139, relating to instructions to be sent with the ballots, was derived from 1951, No. 2 , § 7; V.S. 1947, § 127; 1935, No. 6 , § 6; P.L. § 101; 1929, No. 2 , § 5; 1927, No. 2 , § 7; 1925, No. 4 , § 5; 1919, No. 7 , § 7 and amended by 1975, No. 189 (Adj. Sess.), § 12. The subject matter is now covered by § 2540 of this title.

Former § 140, relating to return of ballots, was derived from V.S. 1947, § 128; 1935, No. 6 , § 7; P.L. § 102; 1927, No. 2 , § 8; 1925, No. 5 , § 5; 1919, No. 7 , § 8. The subject matter is now covered by § 2543 of this title.

Former § 141, relating to receipt of marked ballots by town clerk and delivery to election officers, was derived from V.S. 1947, § 129; P.L. § 103; 1933, No. 157 , § 58; 1927, No. 2 , § 9; 1925, No. 5 , § 6; 1919, No. 7 , § 9 and amended by 1975, No. 189 (Adj. Sess.), § 13. The subject matter is now covered by § 2545 of this title.

Former § 142, relating to deposit of marked ballots in ballot box, was derived from V.S. 1947, § 130; P.L. § 104; 1933, No. 157 , § 59; 1929, No. 2 , § 6; 1927, No. 2 , § 10; 1925, No. 4 , § 6; 1919, No. 7 , § 10 and amended by 1963, No. 231 , § 6; 1975, No. 189 (Adj. Sess.), § 16. The subject matter is now covered by § 2546 of this title.

Former § 143, relating to defective ballots, was derived from V.S. 1947, § 131; 1935, No. 6 , § 8; P.L. § 105; 1927, No. 2 , § 11; 1919, No. 7 , § 11. The subject matter is now covered by § 2547 of this title.

Former § 144, relating to voting in person, was derived from V.S. 1947, § 132; 1935, No. 6 , § 9; P.L. § 106; 1933, No. 157 , § 61; 1927, No. 2 , § 12; 1925, No. 4 , § 7; 1919, No. 7 , § 12. The subject matter is now covered by § 2548 of this title.

Former § 145, relating to penalties, was derived from V.S. 1947, § 133; 1935, No. 6 , § 10; P.L. § 107; 1931, No. 3 ; 1927, No. 2 , § 13; 1925, No. 5 , § 7, § 13. The subject matter is now covered by §§ 2531-2550 of this title.

Former § 146, relating to construction with other provisions, was derived from V.S. 1947, § 134; P.L. § 108; 1933, No. 157 , § 63; 1927, No. 2 , § 14; 1919, No. 7 , § 14 and amended by 1969, No. 193 ( Adj. Sess.), § 2.

Former § 147, relating to use of federal war ballot, was derived from 1951, No. 2 , § 21. The subject matter is now covered by § 2549 of this title.

Former § 148, relating to voters who are permanently disabled, was derived from 1973, No. 67 , § 2. The subject matter is now covered by § 2539 of this title.

Annotations From Former § 121

1. Prior law.

Voters who were at home or within their voting precinct but who refrain from participating in election solely because of precepts of their religious faith were not absent voters. 1952 Op. Atty. Gen. 266.

2. Referendum.

Absent voter provisions were applicable to referendum relating to pari-mutuel betting. 1959 Op. Atty. Gen. 154.

Annotations From Former § 123

1. Absence due to employment.

Voter who was working out of his home town so that he was unable to be present during hours of balloting, but returned to his home for night, was required to make his application for ballots not later than nine o'clock in evening of fourth day preceding balloting. 1946 Op. Atty. Gen. 313.

Annotations From Former § 135

1. Necessity for affidavit.

Absent voters' ballots, not accompanied by an affidavit executed as required by this section, were not entitled to be counted in city election. Burke v. Beecher, 101 Vt. 441, 144 A. 200 (1929).

CHAPTER 7. CHECKLIST OF VOTERS

Sec.

§§ 201-246. Repealed. 1977, No. 269 (Adj. Sess.), § 4(a).

History

Former §§ 201-246. Former § 201, relating to preparation and posting of checklist, was derived from V.S. 1947, § 135; P.L. § 109; 1929, No. 4 , § 1; G.L. § 79; 1915, No. 1 , § 7; 1915, No. 3 , § 1; P.S. § 75; V.S. § 67; 1884, No. 60 , § 2; R.L. § 65; 1870, No. 86 ; 1868, No. 41 ; 1867, No. 24 , § 1; 1866, No. 15 , § 1 and amended by 1961, No. 60 ; 1973, No. 172 (Adj. Sess.), § 3. The subject matter is now covered by § 2141 of this title.

Former § 202, relating to political representation on board of civil authority, was derived from V.S. 1947, § 136; 1935, No. 4 , § 2; P.L. § 110; G.L. § 80; P.S. § 76; 1896, No. 4 , § 1. The subject matter is now covered by § 2143 of this title.

Former § 203, relating to revision of checklist, was derived from V.S. 1947, § 137; 1943, No. 4 , § 3; P.L. § 111; G.L. § 81; 1908, No. 1 ; P.S. § 77; V.S. § 68; R.L. § 66; 1870, No. 86 ; 1868, No. 42 , § 2; 1867, No. 24 , § 5; 1866, No. 15 , § 2 and amended by 1973, No. 172 (Adj. Sess.), § 4. The subject matter is now covered by § 2142 of this title.

Former § 204, relating to hearings, was derived from V.S. 1947, § 138; P.L. § 112; G.L. § 82; P.S. § 78; V.S. § 69; R.L. § 67; 1880, No. 110 , § 2 and amended by 1967, No. 273 (Adj. Sess.), § 4; 1969, No. 16 , § 4; 1973, No. 172 (Adj. Sess.), § 5. The subject matter is now covered by § 2148 of this title.

Former § 205, relating to proceedings at hearings, was derived from V.S. 1947, § 139; P.L. § 113; G.L. § 83; 1917, No. 254 , § 87; 1908, No. 2 ; P.S. § 79; 1896, No. 2 , § 1; V.S. § 70; 1894, No. 1 , § 1; 1882, No. 112 , § 1; R.L. § 68; 1868, No. 42 , § 4; 1867, No. 24 , § 4; 1866, No. 15 , §§ 2, 3 and amended by 1973, No. 172 (Adj. Sess.), § 6. The subject matter is now covered by § 2146 of this title.

Former § 206, relating to corrected checklist, was derived from V.S. 1947, § 140; P.L. § 114; G.L. § 83; 1917, No. 254 , § 87; 1908, No. 2 ; P.S. § 79; 1896, No. 2 , § 1; V.S. § 70; 1894, No. 1 , § 1; 1882, No. 112 , § 1; R.L. § 68; 1868, No. 42 , § 4; 1867, No. 24 , § 4; 1866, No. 15 , §§ 2, 3 and amended by 1973, No. 172 (Adj. Sess.), § 7. The subject matter is now covered by § 2147 of this title.

Former § 207, relating to residents of unorganized towns and gores, was derived from V.S. 1947, § 141; 1937, No. 5 , § 1; P.L. § 115; G.L. § 84; 1917, No. 254 , § 88; 1915, No. 1 , § 8; P.S. § 80; 1902, No. 90 , § 99; V.S. § 71; 1886, No. 101 , § 1 and amended by 1973, No. 210 (Adj. Sess.), § 1; 1975, No. 129 (Adj. Sess.), § 2. The subject matter is now covered by § 2123 of this title.

Former § 208, relating to striking name from checklist, was derived from V.S. 1947, § 142; P.L. § 116; G.L. § 85; 1908, No. 3 ; P.S. § 81; 1906, § 79; 1900, No. 2 , § 1; 1898, No. 1 , § 1; V.S. § 72; 1890, No. 8 , § 1; R.L. § 66; 1870, No. 86 ; 1868, No. 42 , § 2; 1867, No. 24 , § 5; 1866, No. 15 , § 2 and amended by 1973, No. 172 (Adj. Sess.), § 8. The subject matter is now covered by § 2150 of this title.

Former § 209, relating to special congressional election, was derived from V.S. 1947, § 143; P.L. § 117; G.L. § 86; 1917, No. 254 , § 90; 1915, No. 1 , § 9; P.S. § 82; V.S. § 73; R.L. § 70; 1878, No. 70 ; 1876, No. 92 , § 1 and previously repealed by 1973, No. 172 (Adj. Sess.), § 15. The subject matter is now covered by § 2141 et seq. of this title.

Former § 210, relating to conclusiveness of list, was derived from V.S. 1947, § 144; P.L. § 118; G.L. § 87; 1915, No. 3 , § 2; P.S. § 83; V.S. § 74; 1894, No. 1 , § 2; 1884, No. 60 , § 3; R.L. § 71; 1866, No. 15 , § 3 and amended by 1973, No. 172 (Adj. Sess.), § 9. The subject matter is now covered by § 2149 of this title.

Former § 211, relating to filing of checklist and status as evidence, was derived from V.S. 1947, § 145; P.L. § 119; G.L. § 88; P.S. § 84; V.S. § 75; R.L. § 69; 1866, No. 15 , § 4. The subject matter is now covered by § 2141 et seq. of this title.

Former § 212, relating to board of elections, was derived from 1973, No. 172 (Adj. Sess.), § 14; 1975, No. 81 , § 1 and previously repealed by 1977, No. 34 , § 3. The subject matter is now covered by § 2141 et seq. of this title.

Former § 241, relating to checklist for town meetings, was derived from V.S. 1947, § 146; 1941, No. 5 , § 1; P.L. § 120; G.L. § 89; P.S. § 85; V.S. § 76; R.L. § 2656; 1870, No. 86 ; 1868, No. 42 ; 1866, No. 15 and previously repealed by 1973, No. 172 (Adj. Sess.), § 15. The subject matter is now covered by § 2141 et seq. of this title.

Former § 242, relating to preparation by trustees, was derived from V.S. 1947, § 147; P.L. § 121; G.L. § 90; P.S. § 86; V.S. § 77; 1892, No. 1 , § 32; 1886, No. 90 , § 1. The subject matter is now covered by § 2141 et seq. of this title.

Former § 243, relating to checklists in villages, was derived from V.S. 1947, § 148; P.L. § 122; G.L. § 91; P.S. § 87; V.S. § 78; 1886, No. 90 , §§ 2, 3, 5; R.L. § 2656; 1870, No. 86 ; 1868, No. 42 ; 1866, No. 15 . The subject matter is now covered by § 2126 of this title.

Former § 244, relating to hearings to revise checklists, was derived from 1949, No. 3 , § 1; V.S. 1947, § 149; P.L. § 123; G.L. § 92; P.S. § 88; V.S. § 79; 1886, No. 90 , § 4; R.L. § 2656 and amended by 1973, No. 172 (Adj. Sess.), § 10. The subject matter is now covered by § 2141 et seq. of this title.

Former § 245, relating to special town and village meetings, was derived from V.S. 1947, § 150; P.L. § 124; G.L. § 93; P.S. § 89; V.S. § 80; 1886, No. 90 , § 6 and amended by 1973, No. 172 (Adj. Sess.), § 11. The subject matter is now covered by § 2141 et seq. of this title.

Former § 246, relating to conclusiveness of lists, was derived from V.S. 1947, § 151; P.L. § 125; G.L. § 94; P.S. § 90; V.S. § 81; 1886, No. 90 , § 7; 1884, No. 60 , § 3; R.L. § 71; 1866, No. 15 , § 3. The subject matter is now covered by § 2149 of this title.

Annotations From Former § 210

1. Conclusiveness as to qualifications of voter.

While the vote of a person whose name is on the checklist, and who is resident, cannot lawfully be rejected, the list is not conclusive that he is a legal voter. State v. O'Hearn, 58 Vt. 718, 6 A. 606 (1886).

Annotations From Former § 241

1. Generally.

Section did not change the power of the board of civil authority. State v. O'Hearn, 58 Vt. 718, 6 A. 606 (1886).

2. Use of list for special meeting.

Checklist used at annual town meeting, with proper alterations, could be used at a special meeting to elect listers to fill a vacancy, and it was not necessary to post it longer than the notice of the meeting. Willard v. Pike, 59 Vt. 202, 9 A. 907, 17 B.U.L. Rev. 482, 50 Harv. L. Rev. 491 (1886).

Annotations From Former § 246

1. Conclusiveness as to qualifications of voter.

While the vote of person whose name is on the checklist, and who is resident, cannot lawfully be rejected, the list is not conclusive that he is a legal voter. State v. O'Hearn, 58 Vt. 718, 6 A. 606 (1886).

CHAPTER 9. NOMINATION BY PRIMARY ELECTION

Sec.

§§ 301-517. Repealed. 1977, No. 269 (Adj. Sess.), § 4(a).

History

Former §§ 301-517. Former § 301, relating to definitions, was derived from V.S. 1947, § 152; P.L. § 126; G.L. § 95; 1917, No. 254 , § 99; 1915, No. 4 , § 1. The subject matter is now covered by chapter 49 of this title.

Former § 302, relating to liberal construction, was derived from V.S. 1947, § 153; P.L. § 127; G.L. § 96; 1915, No. 4 , § 17. The subject matter is now covered by chapter 49 of this title.

Former § 303, relating to exceptions to application of chapter, was derived from V.S. 1947, § 154; P.L. § 128; G.L. § 97; 1915, No. 4 , § 2. The subject matter is now covered by chapter 49 of this title.

Former § 304, relating to general conduct of primaries, was derived from V.S. 1947, § 189; P.L. § 163; G.L. § 129; 1915, No. 4 , § 14. The subject matter is now covered by §§ 2351-2371 of this title.

Former § 305, relating to expenses of primaries, was derived from V.S. 1947, § 190; P.L. § 164; G.L. § 130; 1915, No. 4 , §§ 15, 21. The subject matter is now covered by §§ 2351-2371 of this title.

Former § 306, relating to preparation of instructions and forms, was derived from V.S. 1947, § 190; P.L. § 164; G.L. § 130; 1915, No. 4 , §§ 15, 21. The subject matter is now covered by §§ 2351-2371 of this title.

Former § 331, relating to nomination by primary or otherwise, was derived from V.S. 1947, § 155; P.L. § 129; G.L. § 98; 1917, No. 254 , § 102; 1915, No. 4 , § 3. The subject matter is now covered by chapter 49 of this title.

Former § 332, relating to time and place for holding primary, was derived from V.S. 1947, § 156; P.L. § 130; G.L. § 99; 1917, No. 254 , § 103; 1915, No. 4 , § 4. The subject matter is now covered by § 2351 of this title.

Former § 333, relating to notice of primary, was derived from V.S. 1947, § 157; P.L. § 131; G.L. § 100; 1917, No. 254 , § 104; 1915, No. 4 , § 5. The subject matter is now covered by chapter 49 of this title.

Former § 334, relating to placing name on ballot, was derived from V.S. 1947, § 158; P.L. § 132; 1933, No. 3 ; 1933, No. 157 , § 87; G.L. § 101; 1917, No. 3 , § 1; 1915, No. 4 , § 6(a) and amended by 1975, No. 238 (Adj. Sess.), § 1. The subject matter is now covered by chapter 49 of this title.

Former § 335, relating to signing of petitions, was derived from V.S. 1947, § 159; P.L. § 133; 1919, No. 1 , § 1; G.L. § 102; 1917, No. 254 , § 106 and amended by 1975, No. 238 (Adj. Sess.), § 2. The subject matter is now covered by § 2354 of this title.

Former § 336, relating to number of signatures required, was derived from V.S. 1947, § 160; P.L. § 134; G.L. § 103; 1917, No. 4 ; 1915, No. 4 , § 6(b) and amended by 1973, No. 210 (Adj. Sess.), § 2. The subject matter is now covered by § 2355 of this title.

Former § 337, relating to effect of and restrictions on signatures, was derived from V.S. 1947, § 161; P.L. § 135; 1919, No. 1 , § 2; G.L. § 104; 1915, No. 4 , § 6(c) and amended by 1975, No. 238 (Adj. Sess.), § 3. The subject matter is now covered by chapter 49 of this title.

Former § 338, relating to void signatures and petitions and to supplementary petitions, was derived from 1951, No. 2 , § 8; V.S. 1947, § 162; 1943, No. 4 , § 4; P.L. § 136; 1919, No. 4 , § 1; G.L. § 105; 1915, No. 4 , § 6(d). The subject matter is now covered by § 2358 of this title.

Former § 339, relating to place of filing petitions, was derived from V.S. 1947, § 163; P.L. § 137; G.L. § 106; 1915, No. 4 , § 6(g), and amended by 1965, No. 187 , § 7; 1975, No. 172 (Adj. Sess.), § 6. The subject matter is now covered by § 2357 of this title.

Former § 340, relating to time of filing petitions, was derived from 1953, No. 21 , § 1; 1951, No. 2 , § 9; V.S. 1947, § 164; 1943, No. 4 , § 5; P.L. § 138; 1919, No. 4 , § 2; G.L. § 107; 1915, No. 4 , § 6(e). The subject matter is now covered by § 2356 of this title.

Former § 341, relating to preservation of petitions, was derived from V.S. 1947, § 165; P.L. § 139; G.L. § 108; 1917, No. 254 , § 112; 1915, No. 4 , § 6(f). The subject matter is now covered by § 2360 of this title.

Former § 361, relating to furnishing ballots, was derived from V.S. 1947, § 166; P.L. § 140; G.L. § 109; 1915, No. 4 , § 6(g) and amended by 1975, No. 172 (Adj. Sess.), § 1. The subject matter is now covered by chapter 49 of this title.

Former § 362, relating to color and form of ballots, was derived from 1953, No. 173 ; V.S. 1947, § 167; 1947, No. 202 , § 170; 1939, No. 5 , § 3; P.L. § 141; 1931, No. 5 , § 1; 1929, No. 4 , § 2; 1921, No. 7 , § 1; 1919, No. 2 ; G.L. § 110; 1915, No. 4 , § 7 and amended by 1975, No. 172 (Adj. Sess.), § 2. The subject matter is now covered by chapter 49 of this title.

Former § 363, relating to separate party ballots, was derived from V.S. 1947, § 168; P.L. § 142; 1931, No. 5 , § 1; 1929, No. 4 , § 2; 1921, No. 7 , § 1; 1919, No. 2 ; G.L. § 110; 1915, No. 4 , § 7 and amended by 1969, No. 233 (Adj. Sess.), § 1; 1975, No. 172 (Adj. Sess.), § 3. The subject matter is now covered by § 2363 of this title.

Former § 364, relating to furnishing ballots and posting samples, was derived from V.S. 1947, § 169; P.L. § 143; 1921, No. 7 , § 2; G.L. § 111; 1915, No. 4 , § 8 and amended by 1969, No. 233 (Adj. Sess.), § 2; 1975, No. 172 (Adj. Sess.), § 4. The subject matter is now covered by chapter 49 of this title.

Former § 365, relating to check lists, was derived from V.S. 1947, § 170; P.L. § 144; G.L. § 112; 1915, No. 4 , § 9. The subject matter is now covered by chapter 49 of this title.

Former § 381, relating to time polls are open, was derived from V.S. 1947, § 171; 1935, No. 8 , § 1; P.L. § 145; G.L. § 113; 1915, No. 4 , § 18. The subject matter is now covered by chapter 49 of this title.

Former § 382, relating to manner of marking ballots, was derived from V.S. 1947, § 172; P.L. § 146; 1921, No. 7 , § 3; G.L. § 114; 1915, No. 4 , § 7 and amended by 1969, No. 233 (Adj. Sess.), § 3; 1975, No. 172 (Adj. Sess.), § 5. The subject matter is now covered by chapter 49 of this title.

Former § 383, relating to counting and returning, was derived from V.S. 1947, § 173; P.L. § 147; G.L. § 115; 1917, No. 254 , § 118; 1915, No. 4 , § 10 and amended by 1977, No. 42 , § 9. The subject matter is now covered by chapter 49 of this title.

Former § 384, relating to determining winner and tie votes, was derived from V.S. 1947, § 174; 1943, No. 2 , § 1; P.L. § 148; G.L. § 116; 1917, No. 254 , § 119; 1915, No. 4 , §§ 11, 12 and amended by 1967, No. 187 ; 1977, No. 42 , § 10. The subject matter is now covered by § 2369 of this title.

Former § 385, relating to canvassing votes for state and congressional officers, was derived from V.S. 1947, § 175; P.L. § 149; G.L. § 117; 1917, No. 254 , § 120; 1915, No. 4 , § 11. The subject matter is now covered by § 2368 of this title.

Former § 386, relating to canvassing votes for county officers, was derived from V.S. 1947, § 176; P.L. § 150; G.L. § 118; 1915, No. 4 , § 11. The subject matter is now covered by § 2368 of this title.

Former § 387, relating to certificate by county boards, was derived from V.S. 1947, § 177; P.L. § 151; G.L. § 119; 1917, No. 254 , § 122; 1915, No. 4 , § 11. The subject matter is now covered by § 2371 of this title.

Former § 388, relating to when votes are canvassed, was derived from V.S. 1947, § 178; 1943, No. 3 , § 1; P.L. § 152; G.L. § 120; 1917, No. 254 , § 123; 1915, No. 4 , § 11 and amended by 1965, No. 187 , § 9. The subject matter is now covered by §§ 2351-2371 of this title.

Former § 389, relating to notice to nominees, was derived from V.S. 1947, § 179; P.L. § 153; G.L. § 121; 1915, No. 4 , § 11 and amended by 1965, No. 187 , § 10. The subject matter is now covered by § 2371 of this title.

Former § 411, relating to manner of calling, was derived from V.S. 1947, § 185; 1940S, No. 1, § 1; P.L. § 159; G.L. § 127; 1917, No. 254 , § 130; 1915, No. 4 , § 30. The subject matter is now covered by chapter 49 of this title.

Former § 412, relating to special primary on town meeting day, was derived from V.S. 1947, § 186; P.L. § 160; 1931, No. 4 , § 1. The subject matter is now covered by chapter 49 of this title.

Former § 413, relating to special primary polling places, was derived from V.S. 1947, § 187; P.L. § 161; 1931, No. 4 , § 2. The subject matter is now covered by chapter 49 of this title.

Former § 431, relating to nominations by primary required and vacancies, was derived from V.S. 1947, § 180; P.L. § 154; G.L. § 122; 1915, No. 4 , § 11. The subject matter is now covered by chapter 49 of this title.

Former § 432, relating to withdrawals and resignations from primary elections, was derived from 1951, No. 2 , § 10; V.S. 1947, § 181; 1943, No. 4 , § 6; 1939, No. 4 , § 1; P.L. § 155; 1919, No. 4 , § 3; G.L. § 123; 1917, No. 254 , § 126; 1915, No. 4 , § 11 and amended by 1965, No. 187 , § 11. The subject matter is now covered by § 2412 of this title.

Former § 433, relating to filling vacancies, was derived from 1951, No. 2 , § 11; V.S. 1947, § 182; 1943, No. 4 , § 7; P.L. § 156; 1921, No. 8 , § 1; G.L. § 124; 1917, No. 254 , § 127; 1915, No. 4 , § 28 and amended by 1965, No. 187 , § 12. The subject matter is now covered by chapter 49 of this title.

Former § 491, relating to statement required, was derived from V.S. 1947, § 207; P.L. § 169; G.L. § 137; 1916S, No. 4; 1915, No. 4 , § 22 and previously repealed by 1975, No. 188 ( Adj. Sess.), § 7. The subject matter is now covered by chapter 49 of this title.

Former § 492, relating to contents of statements, was derived from V.S. 1947, § 208; P.L. § 170; G.L. § 137; 1916S, No. 4; 1915, No. 4 , § 22 and previously repealed by 1975, No. 188 (Adj. Sess.), § 7. The subject matter is now covered by chapter 49 of this title.

Former § 493, relating to limitation on expenses, was derived from 1961, No. 178 , § 1 and previously repealed by 1975, No. 188 (Adj. Sess.), § 1. The subject matter is now covered by chapter 49 of this title.

Former § 494, relating to consent of candidate to advertising by others, was derived from 1961, No. 178 , § 2 and previously repealed by 1975, No. 188 ( Adj. Sess.), § 7. The subject matter is now covered by chapter 49 of this title.

Former § 495, relating to penalties, was derived from 1961, No. 178 , § 3 and previously repealed by 1975, No. 188 (Adj. Sess.), § 7. The subject matter is now covered by chapter 49 of this title.

Former § 511, relating to correcting errors or omissions, was derived from V.S. 1947, § 209; P.L. § 171; G.L. § 138; 1915, No. 4 , § 19. The subject matter is now covered by chapter 49 of this title.

Former § 512, relating to contesting nominations, was derived from V.S. 1947 § 210; P.L. § 172; G.L. § 138; 1915, No. 4 , § 19. The subject matter is now covered by chapter 49 of this title.

Former 513, relating to false nomination petitions, was derived from V.S. 1947, § 211 P.L. § 173; GL § 139; 1917, No. 3 , § 2. The subject matter is now covered by chapter 35 of this title.

Former § 514, relating to candidate neglecting to file or making false statements, was derived from V.S. 1947, § 212; P.L. § 174; G.L. § 140; 1917, and previously repealed by 1975, No. 188 (Adj. Sess.), § 7. The subject matter is now covered by chapter 35 of this title.

Former § 515, relating to selling votes, was derived from V.S. 1947, § 213; P.L. § 175; G.L. § 141; 1917, No. 254 , § 143; 1915, No. 4 , § 24. The subject matter is now covered by chapter 35 of this title.

Former § 516, relating to failure of town clerk to forward statement of votes cast, was derived from V.S. 1947, § 214; P.L. § 176; G.L. § 142; 1915, No. 4 , § 13. The subject matter is now covered by chapter 35 of this title.

Former § 517, relating to general penalty, was derived from V.S. 1947, § 215; P.L. § 177; G.L. § 143; 1917, No. 254 , § 145; 1915, No. 4 , § 25. The subject matter is now covered by chapter 35 of this title.

Annotations From Former § 301

1. Construction with other laws.

Provisions relating to primary elections relate also to general elections both because of specific reference and also because, dealing with the same subject matter, they are to be taken as in pari materia with them. Abbott v. Thomas, 130 Vt. 71, 286 A.2d 272 (1971).

Annotations From Former § 331

1. Incompatible offices.

One person can be a candidate for both the House of Representatives and the Senate at the same time, but if elected to both positions, he would have to resign one position since, under the provisions of chapter II, section 50 [now section 54], of the Vermont Constitution, he clearly cannot hold both positions at the same time. 1964-66 Op. Atty. Gen. 182.

Annotations From Former § 334

1. Political affiliation .

A political party may nominate, as their candidate, a single individual for particular office, the limitations as to political affiliation being upon persons who sign petitions rather than upon the individual who is named as the candidate. 1944 Op. Atty. Gen. 280.

*2. Candidates for office.

A person can be a candidate for nomination to the same office by more than one political party at a primary election, and can have his name printed in as many party columns as he desires and elects, provided that the statutory requirements are followed. 1934 Op. Atty. Gen. 322.

Annotations From Former § 335

1. Signature of petition and nominating certificate.

A person who has signed a primary election petition for a candidate for office in the Democratic or Republican Party may also sign a certificate of nomination for a third party candidate before the primary election, and such a person can sign both a primary petition and a nominating certificate for the same candidate at the same time. 1972 Op. Atty. Gen. 403.

Annotations From Former § 336

1. County officers .

Since the provision of this section relating to the number of signatures required for primary petitions of county Senators refers to "the candidate" in the singular, it would be necessary to obtain signatures representing two percent of the total number of votes cast for that candidate receiving the highest number of votes for Senator, so that, where two counties had been combined in order to comply with the mandate of the U.S. Supreme Court relating to equality of legislative representation, the number of signatures required for primary petitions would be two percent of the total number of votes cast for the Senator who received the largest number of votes in the last election for State Senator from either county. 1964-66 Op. Atty. Gen. 184.

*2. Candidate of several parties.

If a person whose name appears on both Republican and Democratic petitions has lawful signers in each party in number not less than two per cent of the total number of votes that were cast for the same office at the last November election, then it is proper for that individual to have his name printed on both Republican and Democratic ballots. 1944 Op. Atty. Gen. 280.

3. State Representatives.

The three percent requirement of subdiv. (3) of this section means three percent of the total votes cast from the Representative's subdistrict. 1968 Op. Atty. Gen. No. 71.

The number of signatures on primary petitions for Representative should not be less than three percent of the total number of votes cast at the last preceding election for all candidates for Representative from the same voting district; therefore, if there were two Democratic and two Republican candidates in a two-Representative district at the last preceding election, the required signatures on a primary petition for Representative from that district would be three percent of the total votes cast for the four candidates. 1964-66 Op. Atty. Gen. 193.

4. State Senators.

The rule contained in subdiv. (3) of this section does not apply to required signatures on primary petitions for State Senators. 1964-66 Op. Atty. Gen. 193.

Annotations From Former § 339

1. Nature of clerk's duty.

Filing of primary petitions by the county clerk is a ministerial duty and the clerk has no right to question the residence of a candidate nor the residence of any signer to the petition. 1940 Op. Atty. Gen. 484.

Annotations From Former § 340

1. Filing requirements .

Primary petitions must be filed within the time prescribed. 1930 Op. Atty. Gen. 14.

*2. Computation of time.

The twenty-four-hour day of the primary election, midnight to midnight, is to be excluded from computing the deadline for filing primary petitions under this section, and such petitions should be filed with the Secretary of State forty full (twenty-four-hour) days or more before a primary election. 1954 Op. Atty. Gen. 309.

3. Mailing of petitions.

Petitions placed in the U.S. mail within the specified time limit but not received until after that limit have not been filed within the time limit prescribed by this section. 1950 Op. Atty. Gen. 265.

Annotations From Former § 362

1. Requirements where no candidate for office.

Clerks of various towns should furnish ballots in the primary elections for office of Town Representative whether a candidate has filed a petition and thereby secured printing of his name on the same or not, and the fact that no candidate has filed a petition and become qualified to have his name printed on the ballot does not alter the requirement that the voter have an opportunity on an official ballot to designate a nominee. 1946 Op. Atty. Gen. 308.

Where a party does not supply a candidate for a particular office, the name of each office should nevertheless be printed on ballot for primary elections. 1944 Op. Atty. Gen. 282.

Annotations From Former § 364

1. Number of sample ballots.

The provisions of this section will be fully complied with by the sending of ten samples of each ballot form. 1956 Op. Atty. Gen. 395.

Annotations From Former § 384

1. Construction.

The provisions of this section are mandatory and ignorance thereof should not be lightly excused, particularly in view of the penalty provided by § 517 of this title. 1959 Op. Atty. Gen. 128.

2. Filling of vacancy caused by withdrawal of candidate.

Where a candidate for nomination as assistant judge who received the second highest vote withdrew, the nomination was vacant and was to be filled by the party committee according to §§ 431-433 of this title, not by the candidate who received the next highest vote. 1952 Op. Atty. Gen. 390.

3. General election ballot.

Where the town clerk did not cause to be printed on the general election ballot the names of four persons each receiving two votes in primary election, this section was not complied with. 1959 Op. Atty. Gen. 128.

Annotations From Former § 386

1. Failure to canvass ballots.

Where four persons each received two votes and two others received one vote each, the failure of the town clerk and the chair of the town committee of each party to canvass the ballots cast at a primary election and issue a certificate was a noncompliance with this section. 1959 Op. Atty. Gen. 128.

Annotations From Former § 431

1. Generally.

Under § 433 of this title, a political party, at the appropriate level, may fill a vacancy on the party ticket when there has been no one nominated for the office at a primary, by following the procedure established by this section. 1972 Op. Atty. Gen. 404.

Annotations From Former § 432

1. Application to primaries.

This section relates to the primary insofar as it is not inconsistent with the laws relating to general elections. 1942 Op. Atty. Gen. 347.

2. Time for withdrawal of candidacy.

Candidate for nomination to the office of Representative to Congress may not withdraw his name from the primary ballot after the time prescribed by this section. 1952 Op. Atty. Gen. 262.

Annotations From Former § 433

1. Generally.

Under this section, a political party, at the appropriate level, may fill a vacancy on the party ticket when there has been no one nominated for the office at a primary by following the procedure established by § 431 of this title. 1972 Op. Atty. Gen. 404.

2. Failure to ballot.

Failure to ballot at a party caucus is a noncompliance with this section and § 634 of this title. 1959 Op. Atty. Gen. 128.

Annotations From Former § 491

1. Candidates for nomination by certificate.

The provisions of this section are limited to the campaign expenses of those persons who seek nomination to public office by party nominations in the manner outlined in this chapter, and when such persons only seek nomination by certificate, they are not required to file such statements whether they eventually qualify as nominees or not. 1952 Op. Atty. Gen. 270.

Annotations From Former § 511

1. Jurisdiction .

This section does not confer jurisdiction upon the Supreme Court to hear and grant applications; this section places the jurisdiction to make the appropriate orders specified in this section in a single Justice of the Supreme Court or in a Superior judge. Schirmer v. Secretary of State, 111 Vt. 255, 20 A.2d 125 (1940).

Annotations From Former § 512

1. Pleadings.

Proceedings under this section are informal, and it is not required that the strict rules of pleading be complied with. Petitions of Bibens (1948) 115 Vt. 383, 61 A.2d 598.

2. Orders.

In making an order under this section, it is sufficient if the order as made is such as will result in ascertaining the real will of the voters. Petitions of Bibens (1948) 115 Vt. 383, 61 A.2d 598.

3. Recounts.

While there is no express statutory authority for a recount of votes for county officers in a primary election, this section impliedly authorizes it in order to effectuate the object and purpose of the chapter. Petitions of Bibens (1948) 115 Vt. 383, 61 A.2d 598.

In making a recount of votes under this section, it is not necessary for the judge who orders the recount personally to supervise and direct the count. Schirmer v. Secretary of State, 111 Vt. 255, 20 A.2d 125 (1940).

§§ 541-550. Repealed. 1979, No. 199 (Adj. Sess.), § 2, eff. May 6, 1980.

History

Former §§ 541-550. Former § 541 relating to time of holding presidential preference primary was derived from 1975, No. 129 (Adj. Sess.), § 1. Section was originally enacted as § 601, but was renumbered to avoid conflict with chapter 11 of this title. The section matter is now covered by § 2701 of this title.

Former § 542 relating to qualification of voters was derived from 1975, No. 129 (Adj. Sess.), § 1. Section was originally enacted as § 602, but was renumbered to avoid conflict with chapter 11 of this title. The subject matter is now covered by § 2705 of this title.

Former § 543 relating to nominating petitions was derived from 1975, No. 129 (Adj. Sess.), § 1. Section was originally enacted as § 603, but was renumbered to avoid conflict with chapter 11 of this title. The subject matter is now covered by § 2702 of this title.

Former § 544 relating to notification of candidate was derived from 1975, No. 129 (Adj. Sess.), § 1. Section was originally enacted as § 604, but was renumbered to avoid conflict with chapter 11 of this title. The subject matter is now covered by chapter 57, subchapter 1 of this title.

Former § 545 relating to form of ballot was derived from 1975, No. 129 (Adj. Sess.), § 1. Section was originally enacted as § 605, but was renumbered to avoid conflict with chapter 11 of this title. The subject matter is now covered by § 2704 of this title.

Former § 546 relating to checklist was derived from 1975, No. 129 (Adj. Sess.), § 1. Section was originally enacted as § 606, but was renumbered to avoid conflict with chapter 11 of this title. The subject matter is now covered by § 2705 of this title.

Former § 547 relating to hours of voting was derived from 1975, No. 129 (Adj. Sess.), § 1. Section was originally enacted as § 607, but was renumbered to avoid conflict with chapter 11 of this title. The subject matter is now covered by § 2706 of this title.

Former § 548 relating to counting of ballots was derived from 1975, No. 129 (Adj. Sess.), § 1. Section was originally enacted as § 608, but was renumbered to avoid conflict with chapter 11 of this title. The subject matter is now covered by § 2706 of this title.

Former § 549 relating to notice of result was derived from 1975, No. 129 (Adj. Sess.), § 1. Section was originally enacted as § 609, but was renumbered to avoid conflict with chapter 11 of this title. The subject matter is now covered by § 2706 of this title.

Former § 550 relating to provisions applicable was derived from 1975, No. 129 (Adj. Sess.), § 1. Section was originally enacted as § 610, but was renumbered to avoid conflict with chapter 11 of this title. The subject matter is now covered by § 2706 of this title.

CHAPTER 11. NOMINATION BY OTHER MEANS

Sec.

§§ 571-639. Repealed. 1977, No. 269 (Adj. Sess.), § 4(a).

History

Former §§ 571-639. Former § 571, relating to nomination otherwise than by primary, was derived from V.S. 1947, §§ 183, 184; P.L. §§ 157, 158; G.L. §§ 125, 126; 1917, No. 5 ; 1917, No. 254 , § 128; 1915, No. 4 , §§ 20, 29. The subject matter is now covered by chapter 49 of this title.

Former § 572, relating to nomination by party convention, caucus, or committee, was derived from V.S. 1947, §§ 217, 218; P.L. §§ 179, 180; G.L. §§ 144, 145; 1917, No. 254 , § 146; P.S. §§ 91, 92; V.S. §§ 82, 83; 1892, No. 1 , §§ 4, 5; 1890, No. 9 , §§ 4, 5. The subject matter is now covered by chapter 49, subchapter 2 of this title.

Former § 573, relating to nomination by certificate signed by voters, was derived from V.S. 1947, § 219; P.L. § 181; G.L. § 146; 1917, No. 6 ; 1917, No. 254 , § 148; P.S. § 93; V.S. § 84; 1892, No. 1 , § 7; 1890, No. 9 , § 7 and amended by 1965, No. 187 , § 13. The subject matter is now covered by chapter 49 of this title.

Former § 574, relating to requisites of certificates, was derived from 1955, No. 167 ; V.S. 1947, § 220; 1941, No. 6 ; P.L. § 182; 1933, No. 4 ; G.L. § 147; P.S. § 94; V.S. § 85; 1892, No. 1 , § 7; 1890, No. 9 , § 7. The subject matter is now covered by chapter 49 of this title.

Former § 575, relating to number of candidates and party names, was derived from V.S. 1947, § 221; P.L. § 183; G.L. § 148; P.S. § 95; 1906, No. 2 , § 1; V.S. § 86; 1892, No. 1 , § 8; 1890, No. 9 , § 8. The subject matter is now covered by chapter 49 of this title.

Former § 576, relating to place of filing certificates, was derived from V.S. 1947, § 222; P.L. § 184; G.L. § 149; P.S. § 96; V.S. § 87; 1892, No. 1 , § 6; 1890, No. 9 , § 6 and amended by 1965, No. 187 , § 14. The subject matter is now covered by chapter 49 of this title.

Former § 577, relating to time of filing, was derived from 1957, No. 79 ; 1955, No. 282 , § 1; 1951, No. 2 , § 14; V.S. 1947, § 223; 1943, No. 4 , § 8; 1939, No. 4 , § 2; 1937, No. 7 , § 1; 1935, No. 7 ; P.L. § 185; 1921, No. 10 , § 1; G.L. § 150; P.S. § 97; 1898, No. 2 , § 1; V.S. § 88; 1892, No. 1 , § 10; 1890, No. 9 , § 10 and amended by 1967, No. 273 (Adj. Sess.), § 2. The subject matter is now covered by chapter 49 of this title.

Former § 578, relating to preservation of certificates, was derived from V.S. 1947, § 224; P.L. § 186; G.L. § 151; P.S. § 98; V.S. § 89; 1892, No. 1 , § 9; 1890, No. 9 , § 9. The subject matter is now covered by chapter 49 of this title.

Former § 579, relating to death or withdrawal of candidate, was derived from 1957, No. 155 , § 1; 1953, No. 21 , § 4; 1951, No. 2 , § 15; V.S. 1947, § 225; 1943, No. 4 , § 9; 1939, No. 4 , § 3; P.L. § 187; 1921, No. 10 , § 2; 1919, No. 3 , § 1; 1919, No. 4 , § 4; G.L. § 152; 1915, No. 3 , § 3; P.S. § 100; 1898, No. 2 , § 2; V.S. § 91; 1892, No. 1 , § 12; 1890, No. 9 , § 12 and amended by 1967, No. 273 (Adj. Sess.), § 3. The subject matter is now covered by chapter 49 of this title.

Former § 580, relating to certificate for filling vacancy, was derived from 1957, No. 155 , § 2; 1951, No. 2 , § 16; V.S. § 226; 1943, No. 4 , § 10; 1939, No. 4 , § 4; P.L. § 188; 1921, No. 10 , § 3; 1919, No. 4 , § 5; G.L. § 153; P.S. § 101; V.S. § 92; 1892, No. 1 , § 12 and amended by 1965, No. 187 , § 15. The subject matter is now covered by chapter 49 of this title.

Former § 581, relating to objections to certificates, was derived from 1951, No. 2 , § 17; V.S. 1947, § 227; 1943, No. 4 , § 11; 1937, No. 7 , § 2; P.L. § 189; G.L. § 154; 1917, No. 254 , § 156; P.S. § 102; V.S. § 93; 1892, No. 1 , § 13; 1890, No. 9 , § 13 and amended by 1965, No. 187 , § 16. The subject matter is now covered by chapter 49 of this title.

Former § 582, relating to posting nominations, was derived from V.S. 1947, § 228; P.L. § 190; G.L. § 155; 1912, No. 4 , § 1; P.S. § 103; V.S. § 94; 1892, No. 1 , § 15; 1890, No. 9 , § 15 and amended by 1965, No. 187 , § 17. The subject matter is now covered by chapter 49 of this title.

Former § 583, relating to buying nomination, was derived from V.S. 1947, § 229; P.L. § 191; G.L. § 156; 1917, No. 254 , § 158; P.S. § 104; 1902, No. 6 , § 1. The subject matter is now covered by chapter 49 of this title.

Former § 584, relating to legitimate expenses, was derived from V.S. 1947, § 230; P.L. § 192; G.L. § 157; P.S. § 105; 1902, No. 6 , § 2. The subject matter is now covered by chapter 49 of this title.

Former § 585, relating to publishers not to advocate for pay, was derived from V.S. 1947, § 231; P.L. § 193; G.L. § 158; 1917, No. 254 , § 160; P.S. § 106; 1902, No. 6 , § 3. The subject matter is now covered by chapter 49 of this title.

Former § 586, relating to penalties, was derived from V.S. 1947, § 232; P.L. § 194; G.L. § 159; P.S. § 107; 1902, No. 6 , § 4. The subject matter is now covered by chapter 49 of this title.

Former § 621, relating to caucuses for Representative to General Assembly, was derived from V.S. 1947, § 235; P.L. § 197; G.L. § 162; 1917, No. 254 , § 164; 1915, No. 1 , § 10; 1912, No. 5 , § 2; P.S. § 110; 1904, No. 2 , § 3 and amended by 1965, No. 187 , § 18. The subject matter is now covered by chapter 49 of this title.

Former § 622, relating to certificates of intention, was derived from V.S. 1947, § 236; P.L. § 198; G.L. § 163; P.S. § 111; 1904, No. 2 , § 4. The subject matter is now covered by chapter 49 of this title.

Former § 623, relating to qualifications of voters, was derived from 1951, No. 2 , § 18; V.S. 1947, § 237; P.L. § 199; G.L. § 164; 1912, No. 5 , § 3; P.S. § 112; 1906, No. 1 , § 1; 1904, No. 2 , § 5. The subject matter is now covered by chapter 49 of this title.

Former § 624, relating to filing of certificates, was derived from V.S. 1947, § 238; P.L. § 200; G.L. § 165; P.S. § 113; 1904, No. 2 , § 6. The subject matter is now covered by chapter 49 of this title.

Former § 625, relating to preparation of checklist, was derived from V.S. 1947, § 239; P.L. § 201; G.L. § 166; 1915, No. 1 , § 11; 1912, No. 5 , § 4; P.S. § 114; 1906, No. 1 , § 2; 1904, No. 2 , § 7. The subject matter is now covered by chapter 49 of this title.

Former § 626, relating to arrangement of checklist when petition filed, was derived from V.S. 1947, § 240; P.L. § 202; G.L. § 167; V.S. § 115; 1906, No. 1 , § 2; 1904, No. 2 , § 7. The subject matter is now covered by chapter 49 of this title.

Former § 627, relating to arrangement of checklist when petition not filed, was derived from V.S. 1947, § 241; P.L. § 203; G.L. § 168; 1917, No. 254 , § 170; P.S. § 116; 1906, No. 1 , § 2; 1904, No. 2 , § 7. The subject matter is now covered by chapter 49 of this title.

Former § 628, relating to content and posting of checklists, was derived from V.S. 1947, § 242; P.L. § 204; 1933, No. 157 , § 159; G.L. § 169; 1917, No. 254 , § 171; P.S. § 117; 1906, No. 1 , § 2; 1904, No. 2 , § 7. The subject matter is now covered by chapter 49 of this title.

Former § 629, relating to revision of checklist, was derived from V.S. 1947, § 243; P.L. § 205; G.L. § 170; 1915, No. 1 , § 12; 1912, No. 5 , § 5; P.S. § 118; 1904, No. 2 , § 8. The subject matter is now covered by chapter 49 of this title.

Former § 630, relating to completion and filing of revised checklist, was derived from V.S. 1947, § 244; P.L. § 206; G.L. § 171; 1915, No. 1 , § 13; 1912, No. 5 , § 6; P.S. § 119; 1904, No. 2 , § 9. The subject matter is now covered by chapter 49 of this title.

Former § 631, relating to powers of board of civil authority, was derived from V.S. 1947, § 245; P.L. § 207; G.L. § 172; P.S. § 120; 1906, No. 1 , § 3; 1904, No. 2 , § 10. The subject matter is now covered by chapter 49 of this title.

Former § 632, relating to striking names from checklist, was derived from V.S. 1947, § 246; P.L. § 208; G.L. § 173; P.S. § 121; 1904, No. 2 , § 11. The subject matter is now covered by chapter 49 of this title.

Former § 633, relating to conclusiveness of checklist, was derived from V.S. 1947, § 247; P.L. § 209; G.L. § 174; P.S. § 122; 1906, No. 1 , § ; 1904, No. 2 , § 12. The subject matter is now covered by chapter 49 of this title.

Former § 634, relating to preparation and furnishing of ballots, was derived from V.S. 1947, § 250; P.L. § 250; P.L. § 212; G.L. § 177; 1917, No. 254 , § 179; 1910, No. 3 ; P.S. § 127; 1904, No. 2 , § 15. The subject matter is now covered by chapter 49 of this title.

Former § 635, relating to ballot clerks, was derived from V.S. 1947, § 251; P.L. § 213; G.L. § 178; P.S. § 128; 1906, No. 1 , § 5; 1904, No. 2 , § 16. The subject matter is now covered by chapter 49 of this title.

Former § 636, relating to duties of town clerk and assistants, was derived from V.S. 1947, § 252; P.L. § 214; G.L. § 179; P.S. § 129; 1906, No. 1 , § 6. The subject matter is now covered by chapter 49 of this title.

Former 637, relating to illegal voting, was derived from V.S. 1947, § 248; P.L. § 210; G.L. § 175; 1917, No. 254 , § 177; 1915 No. 1, § 14; P.S. § 123; 1906, No. 1 , § 4; 1904, No. 2 , §§ 12, 17. The subject matter is now covered by chapter 35 of this title.

Former § 638, relating to bribery, was derived from V.S. 1947, § 249; P.L. § 211; G.L. § 176; P.S. § 124; 1904, No. 2 , § 18. The subject matter is now covered by chapter 35 of this title.

Former § 639, relating to penalties, was derived from V.S. 1947, § 253; P.L. § 215; G.L. § 180; P.S. § 130; 1906, No. 1 , § 7; 1904, No.2, § 19. The subject matter is now covered by chapter 35 of this title.

Annotations From Former § 571

1. Construction with other laws.

The primary election provisions of chapter 9 of this title relate also to nominations for general elections under this section and §§ 572 and 573 of this title, both because of the specific reference in § 572 and because, dealing with the same subject matter, they are to be taken as in pari materia with them. Abbott v. Thomas, 130 Vt. 71, 286 A.2d 272 (1971).

The injunction of § 302 of this title must be heeded in dealing with voter representation under this section and §§ 572 and 573 of this title. Abbott v. Thomas, 130 Vt. 71, 286 A.2d 272 (1971).

2. Legislative intent.

It had been common practice for defeated candidates from major parties to file certificates of nomination after the primary election so that their names could be on the ballot for the general election; however, the intent of the Legislature in enacting this chapter was to give minor political parties the right to present candidates for a general election, and this chapter expresses the procedure for them to follow. 1964-66 Op. Atty. Gen. 185.

Annotations From Former § 572

1. Qualification of political party.

The words "voters representing a political party which polled at least one percent of the entire vote cast for Governor in the state at the preceding general election" does not require all qualifying parties to have had a candidate for Governor; the total vote for Governor was merely selected as the measuring index, the governorship being the principal State office. Abbott v. Thomas, 130 Vt. 71, 286 A.2d 272 (1971).

A party's qualification under this section and § 571 of this title is to be determined by the size of the vote for the leading vote-getter on the ballot under that party's label. Abbott v. Thomas, 130 Vt. 71, 286 A.2d 272 (1971).

A political party that had a candidate in the last general election who polled less than five percent and more than one percent of the votes cast statewide for Governor could properly nominate its candidates under this section's provisions, and was entitled to have its candidate placed on the ballot for a special election of U.S. Senator and Representative. Abbott v. Thomas, 130 Vt. 71, 286 A.2d 272 (1971).

2. Certification requirements.

Where certificate contains no oath as required by this section, this section is not complied with. 1959 Op. Atty. Gen. 128.

Annotations From Former § 573

1. Signature of petition and nominating certificate.

A person who has signed a primary election petition for a candidate for office in the Democratic or Republican Party may also sign a certificate of nomination for a third party candidate before the primary election; and such a person can sign both a primary petition and a nominating certificate for the same candidate at the same time. 1972 Op. Atty. Gen. 403.

2. Withdrawal of signature.

Qualified voters who desire to withdraw their signatures may do so in writing made under oath with a certificate of such oath attached. 1952 Op. Atty. Gen. 265.

A qualified voter who has signed a certificate of nomination may withdraw his name at any time before the petition is filed, provided a reasonable time remains in which to secure other signers of the petition, if necessary; if the time for filing has expired, a signer cannot withdraw his name. 1952 Op. Atty. Gen. 265.

Annotations From Former § 574

1. Sufficiency of oath.

Certificate containing the signatures of voters and showing that the voters took the required oath was insufficient when it was shown that, in fact, not all the voters had taken the oath. 1938 Op. Atty. Gen. 444.

2. Withdrawal of signature.

Qualified voters who desire to withdraw their signatures may do so in writing made under oath with a certificate of such oath attached. 1952 Op. Atty. Gen. 265.

Annotations From Former § 577

1. Applicability of time limits .

Time limits established by 1957 amendment to section (not more than 28 days nor less than 21 days before day of election) controlled for filing of certificates of nomination with town, city, or village clerks for election of local officers at annual meetings. 1956-58 Op. Atty. Gen. 177.

*2. Party caucuses.

Where a party caucus is held within the specified time limit, but the certificate of nomination is filed six days later than permitted by this section, this section is not complied with. 1959 Op. Atty. Gen. 128.

3. Computation of time .

The day of election is not to be included when computing time under this section. 1944 Op. Atty. Gen. 285.

*4. Particular cases.

Where computation under this section revealed September 18 as date by which certificate nominating candidate for political office was to be filed, but the Secretary of State told political committee that September 30 was the deadline, and filing date calendar published by the State also gave September 30 as the date, court would, as a matter of equity and in the exercise of its power to grant extraordinary relief, rule that certificates filed between September 18 and 30 were not invalid. Ryshpan v. Cashman, 132 Vt. 628, 326 A.2d 169 (1974).

Annotations From Former § 580

1. Time limitations.

A certificate of nomination to fill a vacancy caused by the death of a candidate for a county-wide office was filed within statutory period, where filed not less than thirty-six days before the day of the election. 1956-58 Op. Atty. Gen. 250.

Annotations From Former § 581

1. Remedy where objection not available.

Where certificate of nomination was filed after permissible date, thus making it legally impossible for an objection to be filed within time limits provided by this section, recommendation would be made that House of Representatives declare election invalid and office vacant. 1959 Op. Atty. Gen. 128.

2. Appeal.

Since this section explicitly provides the procedure for contesting certificates of nomination of candidates for public elective office, even if declaratory judgment complaint involving the validity of certificates were treated as a proceeding brought under this section, appeal to Supreme Court must be dismissed since there is no appeal from Superior Court's decision provided for by this section. Kidder v. Thomas, 134 Vt. 527, 365 A.2d 251 (1976).

Annotations From Former § 634

1. Failure to deliver ballots to clerk.

Failure to deliver to town clerk ballots required to be used at caucus held to nominate by certificate is a noncompliance with this section. 1959 Op. Atty. Gen. 128.

CHAPTER 13. PARTY ORGANIZATION

Sec.

§§ 681, 682. Repealed. 1979, No. 198 (Adj. Sess.), § 5.

History

Former §§ 681, 682. Former § 681, relating to certification of party committees, was derived from V.S. 1947, § 233; P.L. § 195; G.L. § 160; 1917, No. 254 , § 162; P.S. § 108; 1904, No. 2 , § 1. The subject matter is now covered by chapter 45 of this title.

Former § 682, relating to conclusiveness of certificate, was derived from V.S. 1947, § 234; P.L. § 196; G.L. § 161; P.S. § 109; 1904, No. 2 , § 2. The subject matter is now covered by chapter 45 of this title.

§ 683. Repealed. 1979, No. 199 (Adj. Sess.), § 2, eff. May 6, 1980.

History

Former § 683. Former § 683, relating to party convention to elect delegates to national conventions, was derived from V.S. 1947, § 216; P.L. § 178; 1921, No. 9 , § 2; G.L. § 136; 1915, No. 4 , § 27. The subject matter is now covered by chapter 45 of this title.

Annotations From Former § 683

1. Qualifications of delegates.

This section does not prohibit a political party from adopting a regulation that would allow a person not eligible at the time of selection, but who would be eligible at the time he performs his functions, to be selected at the State convention as a delegate to the national convention. 1972 Op. Atty. Gen. 327.

§§ 721-736. Repealed. 1979, No. 198 (Adj. Sess.), § 5.

History

Former §§ 721-736. Former § 721, relating to party convention for platform and presidential electors, was derived from 1957, No. 66 ; 1953, No. 21 , § 2; 1951, No. 2 , § 12; V.S. 1947, § 191; 1939, No. 3 , § 1; 1937, No. 6 , § 1; P.L. § 165; 1921, No. 8 , § 2; G.L. § 131; 1915, No. 4 , § 16(a). The subject matter is now covered by § 2319 of this title.

Former § 722, relating to delegates to State convention, was derived from V.S. 1947, § 192; 1939, No. 3 , § 2; P.L. § 166; G.L. § 132; 1915, No. 4 , § 16(d) and amended by 1965, No. 187 , § 19. The subject matter is now covered by § 2320 of this title.

Former § 723, relating to nomination of justices of the peace, was derived from 1953, No. 21 , § 3; 1951, No. 2 , § 13; V.S. 1947, § 193; 1937, No. 6 , § 2; P.L. § 168; 1927, No. 3 ; G.L. § 134; 1915, No. 4 , § 16(c) and previously repealed by 1979, No. 200 (Adj. Sess.), § 120. The subject matter is now covered by § 2413 of this title.

Former § 724, relating to town caucus and election of town committee, was derived from V.S. 1947, § 194; 1937, No. 6 , § 3 and amended by 1959, No. 249 , § 1. The subject matter is now covered by chapter 45 of this title.

Former § 725, relating to notice of town caucus, was derived from V.S. 1947, § 195; 1937, No. 6 , § 4. The subject matter is now covered by § 2303 of this title.

Former § 726, relating to publication of call of town caucus, was derived from V.S. 1947, § 196; 1937, No. 6 , § 5 and amended by 1963, No. 160 . The subject matter is now covered by § 2303 of this title.

Former § 726a, relating to rules of caucus, was derived from 1967, No. 227 (Adj Sess.), § 1. The subject matter is now covered by chapter 45 of this title.

Former § 727, relating to election of county committee, was derived from V.S. 1947, § 197; 1937, No. 6 , § 6. The subject matter is now covered by chapter 45 of this title.

Former § 728, relating to certification of town and county committee members, was derived from V.S. 1947, § 198; 1937, No. 6 , § 7. The subject matter is now covered by chapter 45 of this title.

Former § 729, relating to organization of county committee, was derived from V.S. 1947, § 199; 1937, No. 6 , § 8 and amended by 1959, No. 249 , § 2. The subject matter is now covered by chapter 45 of this title.

Former § 730, relating to election of State committee, was derived from V.S. 1947, § 200; 1937, No. 6 , § 9. The subject matter is now covered by § 2310 of this title.

Former § 731, relating to notice of county committee meetings, was derived from V.S. 1947, § 201; 1937, No. 6 , § 10. The subject matter is now covered by chapter 45 of this title.

Former § 732, relating to publication of call of county committee meetings, was derived from V.S. 1947, § 202; 1937, No. 6 , § 11. The subject matter is now covered by chapter 45 of this title.

Former § 733, relating to certification of county and State committee members, was derived from V.S. 1947, § 203; 1937, No. 6 , § 12. The subject matter is now covered by § 2311 of this title.

Former § 734, relating to meeting of State committee, was derived from V.S. 1947, § 204; 1947, No. 202 , § 207; 1939, No. 3 , § 3; 1937, No. 6 , § 13. The subject matter is now covered by § 2312 of this title.

Former § 735, relating to certification of State committee members to Secretary of State, was derived from V.S. 1947, § 205; 1937, No. 6 , § 14. The subject matter is now covered by § 2313 of this title.

Former § 736, relating to chair and treasurer, was derived from V.S. 1947, § 206; 1937, No. 6 , § 15 and amended by 1959, No. 249 , § 3. The subject matter is now covered by § 2314 of this title.

Annotations From Former § 734

1. Term of committee.

Under this section, the newly elected State committee organizes for the "ensuing two years," and that term has been defined as the political years intervening between one election and the next, and not a calendar year or some other period. 1959 Op. Atty. Gen. 233.

CHAPTER 15. BALLOTS FOR GENERAL ELECTIONS

Sec.

§§ 791-809. Repealed. 1977, No. 269 (Adj. Sess.), § 4(a).

History

Former §§ 791-809. Former § 791, relating to expense of printing and distribution, was derived from V.S. 1947, § 254; P.L. § 216; G.L. § 181; 1915, No. 1 , § 16; 1912, No. 4 , § 2; P.S. § 131; V.S. § 95; 1892, No. 1 , §§ 2, 3; 1890, No. 9 , §§ 2, 3 and amended by 1965, No. 187 , § 20; 1977, No. 42 , § 1. The subject matter is now covered by chapter 51, subchapter 2 of this title.

Former § 792, relating to color and contents, was derived from V.S. 1947, § 256; 1941, No. 7 , § 1; 1940S, No. 1, § 2; 1939, No. 5 , § 4; 1935, No. 9 , § 1; P.L. § 218; 1931, No. 5 , § 2; 1929, No. 4 , § 3; G.L. § 183; 1917, No. 254 , § 185; 1915, No. 1 , § 17; 1912, No. 4 , § 4; P.S. § 133; 1902, No. 2 , § 1; 1898, No. 4 , § 1; V.S. § 97; 1892, No. 1 , §§ 16, 18; 1890, No. 9 , § 16 and amended by 1965, No. 187 , § 31; 1975, No. 229 (Adj. Sess.), § 2; 1977, No. 42 , § 2. The subject matter is now covered by §§ 2471, 2472 of this title.

Former § 793, relating to separate ballots, was derived from V.S. 1947, § 257; P.L. § 219; 1931, No. 5 , § 3; 1929, No. 4 , § 4; 1925, No. 6 ; G.L. § 184; 1915, No. 1 , § 18; 1912, No. 4 , § 5; P.S. § 134; R. 1906, § 121; V.S. § 98; 1894, No. 162 , § 99 and amended by 1977, No. 42 , § 3. The subject matter is now covered by chapter 51, subchapter 2 of this title.

Former § 794, relating to party columns, was derived from 1957, No. 197 ; V.S. 1947, § 259; P.L. § 221; G.L. § 186; P.S. § 136; 1906, No. 3 , § 1; 1904, No. 4 , § 1; V.S. § 99; 1892, No. 1 , §§ 16, 18; 1890, No. 9 , § 18 and previously repealed by 1977, No. 42 , § 14. The subject matter is now covered by chapter 51, subchapter 2 of this title.

Former § 795, relating to choice of party, was derived from 1951, No. 2 , § 19; V.S. 1947, § 258; 1943, No. 4 , § 12; 1939, No. 4 , § 5; P.L. § 220; 1919, No. 4 , § 6; G.L. § 185; 1917, No. 254 , § 187; P.S. § 135; 1904, No. 3 , § 1 and amended by 1965, No. 187 , § 21; 1977, No. 42 , § 4. The subject matter is now covered by § 2474 of this title.

Former § 796, relating to death or withdrawal of candidate, was derived from V.S. 1947, § 266; P.L. § 228; G.L. § 191; P.S. § 141; V.S. § 103; 1892, No. 1 , § 12. The subject matter is now covered by § 2475 of this title.

Former § 797, relating to local elections, was derived from V.S. 1947, § 260; P.L. § 222; G.L. § 187; P.S. § 137; 1906, No. 3 § 2. The subject matter is now covered by chapter 51, subchapter 2 of this title.

Former § 798, relating to referendums and separate ballots, was derived from V.S. 1947, § 261; 1935, No. 10 , § 1; P.L. § 223; 1923, No. 1 , § 1; G.L. § 188; P.S. § 138; V.S. § 100; 1892, No. 1 , §§ 14, 18; 1890, No. 9 , § 14 and previously repealed by 1977, No. 42 , § 14. The subject matter is now covered by chapter 51, subchapter 2 of this title.

Former § 799, relating to distribution of ballots, was derived from 1955, No. 46 ; V.S. 1947, § 262; P.L. § 224; 1923, No. 1 , § 1; G.L. § 188; P.S. § 138; V.S. § 100; 1892, No. 1 , §§ 14, 18; 1890, No. 9 , § 14 and previously repealed by 1977, No. 42 , § 14. The subject matter is now covered by § 2479 of this title.

Former § 800, relating to form of ballots, was derived from V.S. 1947, § 263; 1935, No. 10 , § 2; P.L. § 225; 1923, No. 1 , § 1, § 1; G.L. § 188; P.S. § 138; V.S. § 100; 1892, No. 1 , §§ 14, 18; 1890, No. 9 , § 14 and previously repealed by 1977, No. 42 , § 14. The subject matter is now covered by chapter 51, subchapter 2 of this title.

Former § 801, relating to spaces for marking, was derived from V.S. 1947, § 264; P.L. § 226; G.L. § 189; P.S. § 139; V.S. § 101; 1892, No. 1 , § 18; 1890, No. 9 , § 18 and previously repealed by 1977, No. 42 , § 14. The subject matter is now covered by chapter 51, subchapter 2 of this title.

Former § 802, relating to indorsement on ballots, was derived from V.S. 1947, § 265; 1943, No. 5 , § 1; P.L. § 227; 1929, No. 4 , § 5; G.L. § 190; 1917, No. 254 , § 192; P.S. § 140; 1900, No. 3 , § 1; V.S. § 102; 1892, No. 1 , § 18; 1890, No. 9 , § 18 and previously repealed by 1977, No. 42 , § 14. The subject matter is now covered by chapter 51, subchapter 2 of this title.

Former § 803, relating to time for printing and inspection by candidates, was derived from V.S. 1947, § 255; P.L. § 217; G.L. § 182; 1917, No. 254 , § 184; 1912, No. 4 , § 3; P.S. § 132; V.S. § 96; 1892, No. 1 , § 16; 1890, No. 9 , § 16 and amended by 1977, No. 42 , § 11.

Former § 804, relating to blocks of ballots, was derived from V.S. 1947, § 268; P.L. § 230; G.L. § 193; P.S. § 143; V.S. § 105; 1892, No. 1 , § 19; 1890, No. 9 , § 19.

Former § 805, relating to number of ballots to be printed and furnished, was derived from V.S. 1947, § 269; P.L. § 231; 1933, No. 157 , § 186; 1931, No. 5 , § 4; 1929, No. 4 , § 6; 1921, No. 11 , § 1; G.L. § 194; 1915, No. 1 , § 20; P.S. § 144; 1898, No. 3 , § 1; V.S. § 106; 1892, No. 1 , §§ 20, 22; 1890, No. 9 , § 20 and amended by 1965, No. 187 , § 22; 1977, No. 42 , § 5. The subject matter is now covered by § 2478 of this title.

Former § 806, relating to manner of distribution, was derived from V.S. 1947, § 270; P.L. § 232; 1929, No. 4 , § 7; G.L. § 195; 1915, No. 1 , § 21; 1915, No. 3 , § 4; P.S. § 145; V.S. § 107; 1892, No. 1 , § 22; 1890, No. 9 , § 22 and amended by 1965, No. 187 , § 23; 1977, No. 42 , § 6. The subject matter is now covered by § 2479 of this title.

Former § 807, relating to substitute ballots, was derived from 1951, No. 2 , § 20; V.S. 1947, § 271; P.L. § 233; G.L. § 196; P.S. § 146; V.S. § 108; 1892, No. 1 , §§ 20, 31; 1890, No. 9 , § 31. The subject matter is now covered by § 2480 of this title.

Former § 808, relating to sample ballots, was derived from 1951, No. 3 ; V.S. 1947, § 267; 1939, No. 5 , § 5; P.L. § 229; 1925, No. 7 ; G.L. § 192; 1915, No. 1 , § 19; P.S. § 142; V.S. § 104; 1892, No. 1 , § 17; 1890, No. 9 , § 17 and amended by 1977, No. 42 , § 12. The subject matter is now covered by § 2522 of this title.

Former § 809, relating to instructions, distribution of cards of instruction, and sample ballots, was derived from V.S. 1947, § 272; P.L. § 234; G.L. § 197; 1915, No. 1 , § 22; 1915, No. 3 , § 5; 1910, No. 4 ; P.S. § 147; 1896, No. 3 , § 1; V.S. § 109; 1892, No. 1 , § 21; 1890, No. 9 , § 21 and amended by 1959, No. 31 . The subject matter is now covered by chapter 51 of this title.

Annotations From Former § 791

1. Ballot labels and sample ballots.

The Secretary of State is not required to reimburse communities for the expense of printing ballot labels and sample ballots in connection with their use of voting machines. 1956-58 Op. Atty. Gen. 173.

Annotations From Former § 792

1. Color of ballot.

The requirement of this section that ballots for State Senators be colored gray should not apply in uncombined counties. 1964-66 Op. Atty. Gen. 179.

Annotations From Former § 793

1. Application of separate ballot requirement.

The requirement for separate ballots of candidates for Senators applies only to senatorial districts. 1964-66 Op. Atty. Gen. 179.

Annotations From Former § 795

1. Construction.

This section is not mandatory. 1936 Op. Atty. Gen. 562.

2. Right to elect ticket.

A person can be a candidate for nomination to the same office by more than one political party at a primary election and can have his name printed in as many party columns as he desires and elects, provided that statutory requirements are followed. 1934 Op. Atty. Gen. 322, 1928 Op. Atty. Gen. 20.

3. Procedure upon failure to elect ticket.

In event that a person does not elect, his name should be printed on the ticket or tickets in the column under the head of all parties that have nominated him for the same office. 1936 Op. Atty. Gen. 562.

Annotations From Former § 800

1. Short titles on ballots.

Section 1088 of this title, providing that questions to be submitted to the voters do not have to be placed on the ballots in full when voting machines are used, and that the question may be referred to by number and title, constitutes an exception to this section, so that proposals for constitutional amendments could be referred to on the ballots by short titles and did not have to be placed thereon in full. 1974 Op. Atty. Gen. 225.

CHAPTER 17. WARNINGS

Sec.

§§ 861-863. Repealed. 1977, No. 269 (Adj. Sess.), § 4(a).

History

Former §§ 861-863. Former § 861, relating to recording of warnings, was derived from V.S. 1947, § 273; P.L. § 235; G.L. § 198; P.S. § 148; V.S. § 110; 1888, No. 131 , § 1. The subject matter is now covered by § 2521 of this title.

Former § 862, relating to warnings for general elections, was derived from V.S. 1947, § 274; 1939, No. 6 , § 1; 1935, No. 8 , § 2; P.L. § 236; G.L. § 199; 1917, No. 254 , § 201; 1915, No. 1 , § 23; 1912, No. 7 ; P.S. § 149; V.S. § 111; 1892, No. 2 , § 1; R.L. §§ 72, 73; G.S. 1, §§ 8, 35, 54; 1860, No. 19 ; R.S. 1, §§ 8, 31, 52; 1849, No. 19 ; 1848, No. 14 , § 1; 1842, No. 4 , § 2; 1838, No. 15 , § 1; 1832, No. 11 ; 1824, p. 4, § 1; 1822, p. 23; 1818, p. 66; 1812, p. 132; 1802, p. 62; R. 1797, p. 546, § 2; 1796, p. 30; 1794, p. 41; 1793, p. 14, § 1; 1792, p. 85; 1791, Jan., p. 25; 1791, p. 37; R. 1787, p. 49, § 1. The subject matter is now covered by § 2521 of this title.

Former § 863, relating to warnings for local elections, was derived from 1951, No. 4 ; 1949, No. 4 ; V.S. 1947, § 275; P.L. § 237; G.L. § 200; P.S. § 150; V.S. § 112; 1892, No. 1 , § 33; 1884, No. 67 ; R.L. § 2648. The subject matter is now covered by chapter 55 of this title.

Annotations From Former § 861

1. Effect of failure to record.

The proceedings of a school district meeting were not void because the clerk failed to record the warning in accordance with this section. Adams v. Sleeper, 64 Vt. 544, 24 A. 990 (1892).

Annotations From Former § 862

1. Posting by constable when a candidate.

A constable may post notices for an election although he is candidate for sheriff, and hence disqualified to be the presiding officer at the election. 1930 Op. Atty. Gen. 21.

2. Hours of election.

The Governor does not have authority to extend hours of opening and closing the polling places at a general election. 1946 Op. Atty. Gen. 101.

CHAPTER 19. CONDUCT OF ELECTIONS

Sec.

§§ 921-1090. Repealed. 1977, No. 269 (Adj. Sess.), § 4(a).

History

Former §§ 921-1090. Former § 921, relating to dividing check list and separate sets of ballot boxes, was derived from V.S. 1947, § 276; P.L. § 238; G.L. § 201; P.S. § 151; 1904, No. 6 , § 1; V.S. § 116; R.L. § 78; 1876, No. 92 , § 2; 1867, No. 24 § 2. The subject matter is now covered by § 2501 of this title.

Former § 922, relating to location and equipment, was derived from V.S. 1947, § 277; P.L. § 239; G.L. § 202; P.S. § 152; V.S. § 113; 1894, No. 2 , § 1; 1892, No. 1 , §§ 24, 25; 1890, No. 9 , § 24. The subject matter is now covered by § 2502 of this title.

Former § 923, relating to voting booths, was derived from V.S. 1947, § 278; 1947, No. 202 , § 281; P.L. § 240; 1933, No. 5 , § 1; 1929, No. 4 , § 8; G.L. § 203; P.S. § 153; 1900, No. 3 , § 1; V.S. § 114; 1892, No. 1 , § 25; 1890, No. 9 , § 25 and amended by 1969, No. 28 . The subject matter is now covered by § 2504 of this title.

Former § 924, relating to number and custody of ballot boxes, was derived from V.S. 1947, § 279; P.L. § 241; 1931, No. 5 , § 5; 1929, No. 4 , § 9; G.L. § 204; 1915, No. 1 , § 24; P.S. § 154; 1902, No. 2 , § 2; V.S. § 115; 1892, No. 1 , § 25; 1884, No. 69 , § 2; R.L. § 74; G.S. 1, § 7; 1859, No. 1 , § 1; R.S. 1, § 7; 1815, p. 159, §§ 1, 2; R. 1797, p. 546, § 1 and amended by 1969, No. 223 (Adj. Sess.), § 4. The subject matter is now covered by § 2506 of this title.

Former § 925, relating to color of ballot boxes, was derived from V.S. 1947, § 280; 1939, No. 5 , § 6; 1935, No. 9 , § 2; P.L. § 242; 1931, No. 5 , § 5; 1929, No. 4 , § 9; G.L. § 204; 1915, No. 1 , § 24; P.S. § 154; 1902, No. 2 , § 2; V.S. § 115; 1892, No. 1 , § 25; 1884, No. 69 , § 2; R.L. § 74; G.S. 1, § 7; 1859, No. 1 , § 1; R.S. 1, § 7; 1815, p. 159, §§ 1, 2; R. 1797, p. 546, § 1 and amended by 1965, No. 187 , § 24.

Former § 961, relating to determination by selectboard, was derived from 1953, No. 71 , § 1; V.S. 1947, § 281; P.L. § 243; G.L. § 205; 1917, No. 254 , § 207; 1910, No. 5 ; P.S. § 155; R. 1906, § 141; 1906, No. 6 , § 1; 1904, No. 5 , § 1.

Former § 962, relating to dividing check lists, was derived from V.S. 1947, § 282; P.L. § 244; G.L. § 206; P.S. § 156; 1904, No. 5 , § 2 and amended by 1973, No. 94 . The subject matter is now covered by § 2501 of this title.

Former § 963, relating to equipment, was derived from 1953, No. 71 , § 2; V.S. 1947, § 283; P.L. § 245; G.L. § 207; P.S. § 157; R. 1906, § 143; 1904, No. 5 , §§ 1, 3. The subject matter is now covered by § 2502 of this title.

Former § 964, relating to distribution of ballots and subdivided check lists, was derived from V.S. 1947, § 284; P.L. § 246; G.L. § 208; P.S. 158; R. 1906, § 144; 1904, No. 5 , § 4. The subject matter is now covered by § 2501 of this title.

Former § 965, relating to posting subdivided check lists, was derived from 1953, No. 71 , § 3; V.S. 1947, § 285; P.L. § 247; G.L. § 209; P.S. § 159; 1904, No. 5 , § 5. The subject matter is now covered by § 2501 of this title.

Former § 966, relating to clerks and inspectors for additional polling places, was derived from V.S. 1947, § 286; P.L. § 248; G.L. § 210; P.S. § 160; 1904, No. 5 , § 6. The subject matter is now covered by chapter 51, subchapter 1 of this title.

Former § 967, relating to voting at additional voting places, was derived from V.S. 1947, § 287; P.L. § 249; G.L. § 211; P.S. § 161; 1904, No. 5 , § 7. The subject matter is now covered by chapter 51 of this title.

Former § 968, relating to counting and returning votes for representative, was derived from V.S. 1947, § 288; 1947, No. 202 , § 291; P.L. § 250; G.L. § 212; P.S. § 162; 1904, No. 5 , § 8 and amended by 1965, No. 187 , § 25. The subject matter is now covered by chapter 51, subchapter 8 of this title.

Former § 969, relating to sealing of boxes, was derived from V.S. 1947, § 289; 1947, No. 202 , § 292; 1939, No. 7 , § 1; P.L. § 251; G.L. § 213; 1915, No. 1 , § 25; P.S. § 163; 1904, No. 5 , § 9.

Former § 970, relating to preservation of ballots, was derived from V.S. 1947, § 290; 1947, No. 202 , § 293; 1939, No. 7 , § 2; P.L. § 252; G.L. § 214; P.S. § 164; 1904, No. 5 , § 10. The subject matter is now covered by § 2590 of this title.

Former § 971, relating to application of laws, relating to central polling places, was derived from V.S. 1947, § 291; P.L. § 253; G.L. § 215; P.S. § 165; 1904, No. 5 , § 11. The subject matter is now covered by chapter 51 of this title.

Former § 1001, relating to election officers defined, was derived from V.S. 1947, § 292; P.L. § 254; G.L. § 216; P.S. § 166; R. 1906, § 152; 1904, No. 5 , § 6; 1900, No. 3 , § 1; V.S. § 117; 1892, No. 1 , §§ 24, 25; 1890, No. 9 , § 33 and amended by 1975, No. 98 , § 1. The subject matter is now covered by § 2455 of this title.

Former § 1002, relating to presiding officer, was derived from V.S. 1947, § 293; P.L. § 255; G.L. § 217; P.S. § 167; V.S. § 118; 1884, No. 59 , § 1; 1882, No. 113 ; R.L. § 75; G.S. 1, § 9; R.S. 1, § 9; 1838, No. 15 , § 2; R. 1797, p. 547, § 3; 1793, p. 14; R. 1787, p. 49, 50, §§ 1, 2 and amended by 1975, No. 98 , § 2. The subject matter is now covered by §§ 2452, 2453, and 2562 of this title.

Former § 1003, relating to appointment of ballot clerks, was derived from 1951, No. 5 ; V.S. 1947, § 294; 1941, No. 5 , § 2; P.L. § 256; 1929, No. 5 ; G.L. § 218; P.S. § 168; 1906, No. 4 , § 1; V.S. § 119; 1894, No. 2 , § 1; 1892, No. 1 , § 24; 1890, No. 9 , § 24 and amended by 1975, No. 98 , § 3. The subject matter is now covered by chapter 51, subchapter 1 of this title.

Former § 1004, relating to duties of ballot clerks, was derived from V.S. 1947, § 297; 1939, No. 8 , § 2; P.L. § 259; G.L. § 221; P.S. § 171; V.S. § 120; 1894, No. 2 , § 1; 1892, No. 1 , §§ 24, 26; 1890, No. 9 , §§ 24, 26. The subject matter is now covered by chapter 51, subchapter 1 of this title.

Former § 1005, relating to appointment of assisting clerks, was derived from V.S. 1947, § 295; P.L. § 257; 1933, No. 5 , § 2; G.L. § 219; 1917, No. 7 ; 1912, No. 8 ; 1908, No. 4 ; P.S. § 169; 1900, No. 3 , § 1. The subject matter is now covered by § 2454 of this title.

Former § 1006, relating to duties of assisting clerks, was derived from V.S. 1947, § 296; 1939, No. 8 , § 1; P.L. § 258; G.L. § 219; 1917, No. 7 ; 1912, No. 8 ; 1908, No. 4 ; P.S. § 169; 1900, No. 3 , § 1. The subject matter is now covered by § 2455 of this title.

Former § 1007, relating to checking names against check list, was derived from V.S. 1947, § 298; P.L. § 260; G.L. § 222; P.S. § 172; V.S. § 121; 1894, No. 2 , § 1; 1892, No. 1 , § 27; 1886, No. 90 , § 5; R.L. § 69; 1866, No. 15 , § 4. The subject matter is now covered by §§ 2563, 2571 of this title.

Former § 1008, relating to checking names when additional boxes are opened, was derived from V.S. 1947, § 299; P.L. § 261; G.L. § 223; P.S. § 173; V.S. § 122; 1882, No. 114 , § 1; R.L. § 79; 1868, No. 42 , § 3; 1867, No. 24 , § 3. The subject matter is now covered by §§ 2563, 2571 of this title.

Former § 1009, relating to disqualification of town clerk, was derived from V.S. 1947, § 300; P.L. § 262; G.L. § 224; P.S. § 174; V.S. § 123; 1884, No. 59 , § 2. The subject matter is now covered by § 2456 of this title.

Former § 1041, relating to opening ballots, was derived from V.S. 1947, § 301; P.L. § 263; G.L. § 225; 1917, No. 254 , § 227; P.S. § 175; V.S. § 124; 1892, No. 1 , § 23; 1890, No. 9 , § 23. The subject matter is now covered by § 2565 of this title.

Former § 1042, relating to admitting voter, was derived from V.S. 1947, § 302; P.L. § 264; G.L. § 226; P.S. § 176; V.S. § 125; 1892, No. 1 , § 26; 1890, No. 9 , § 26. The subject matter is now covered by § 2563 of this title.

Former § 1043, relating to marking of ballots, was derived from 1953, No. 21 , § 5; 1949, No. 2 , §§ 1, 2; V.S. 1947, § 303; 1935, No. 11 , § 1; P.L. § 265; 1933, No. 157 , § 220; 1927, No. 4 ; G.L. § 227; 1912, No. 9 ; P.S. § 177; V.S. § 126; 1892, No. 1 , § 27; 1890, No. 9 , § 27 and amended by 1975, No. 157 (Adj. Sess.), §§ 2, 3. The subject matter is now covered by § 2566 of this title.

Former § 1044, relating to assistance in marking ballot, was derived from V.S. 1947, § 304; P.L. § 266; G.L. § 228; P.S. § 178; 1900, No. 3 , § 1; V.S. § 127; 1892, No. 1 , § 29; 1890, No. 9 , § 29 and amended by 1959, No. 20 . The subject matter is now covered by § 2569 of this title.

Former § 1045, relating to delivery of marked ballots, was derived from V.S. 1947, § 305; P.L. § 267; 1933, No. 157 , § 222; G.L. § 229; P.S. § 179; V.S. § 128; 1892, No.1, § 27; 1890, No. 9 , § 27; R.L. §§ 76, 77. The subject matter is now covered by § 2570 of this title.

Former § 1046, relating to spoiled and unused ballots, was derived from V.S. 1947, § 306; P.L. § 268; 1929, No. 6 ; G.L. § 320; 1917, No. 254 , § 232; 1915, No. 1 , § 26; P.S. § 180; V.S. § 129; 1892, No. 1 § 28; 1890 No. 9, § 28 and amended by 1959, No. 89 , § 2; 1975, No. 140 (Adj. Sess.), § 1. The subject matter is now covered by § 2568 of this title.

Former § 1047, relating to time for opening and closing polls, was derived from 1961, No. 198 , § 1. The subject matter is now covered by § 2561 of this title.

Former § 1048, relating to primary and general elections, was derived from 1961, No. 198 , § 2. The subject matter is now covered by § 2561 of this title.

Former § 1049, relating to construction with other statutes and charters, was derived from 1961, No. 198 , § 3.

Former § 1081, relating to definitions, was derived from 1955, No. 134 , § 1 and amended by 1967, No. 250 (Adj. Sess.), § 1. The subject matter is now covered by § 2103 of this title.

Former § 1082, relating to municipality purchasing or hiring voting machines, was derived from 1955, No. 134 , § 2. The subject matter is now covered by § 2491 of this title.

Former § 1083, relating to election expenses, was derived from 1955, No. 134 , § 3. The subject matter is now covered by §§ 2471, 2491 of this title.

Former § 1084, relating to regulations for use of machines, was derived from 1955, No. 134 , § 4 and amended by 1977, No. 42 , § 13. The subject matter is now covered by § 2493 of this title.

Former § 1085, relating to assistance to voter, was derived from 1955, No. 134 , § 5. The subject matter is now covered by § 2569 of this title.

Former § 1086, relating to construction with other laws, was derived from 1955, No. 134 , § 6. The subject matter is now covered by § 2494 of this title.

Former § 1087, relating to appointment of ballot clerks and assisting clerks, was derived from 1955, No. 134 , § 7. The subject matter is now covered by § 2454 of this title.

Former § 1088, relating to short titles approved, was derived from 1959, No. 90 .

Former § 1089, relating to use in primary elections, was derived from 1969, No. 233 (Adj. Sess.), § 5. The subject matter is now covered by § 2491 of this title.

Former § 1090, relating to issuance of instructions, was derived from 1969, No. 233 (Adj. Sess.), § 6. The subject matter is now covered by chapter 51, subchapter 5 of this title.

Annotations From Former § 923

1. Minor infractions.

Where there were only four voting booths instead of the 11 that should have been provided for a union school district vote on a bond issue, and there was no guard rail that would prevent persons from approaching within six feet of the ballot boxes, but the plaintiff showed no prejudice resulting therefrom and there was no evidence that the election result had been affected, the minor infractions of election procedure were insufficient to void the vote on the bond issue. Groton v. Union School Dist. 21, 127 Vt. 142, 241 A.2d 332 (1968).

Annotations From Former § 1002

1. Constable.

A constable who is a candidate for the office of high bailiff is not disqualified from presiding at the election. 1930 Op. Atty. Gen. 14.

Annotations From Former § 1043

1. Construction of markings.

If a voter places a cross (X) in square at head of any column it shall count as a vote for every name in that column with two exceptions: (1) except for any name through which the voter may draw line and (2) except for any name representing a candidate for an office to fill which the voter otherwise voted by placing a cross (X) in the blank space opposite the name of a candidate for that office in another column. 1940 Op. Atty. Gen. 349.

2. Crediting of votes.

Where a candidate's name appears on a ballot in two places under the heading of two different parties and the voter votes for him in both places, it shall count as one vote but neither party shall be credited with such vote. 1962-64 Op. Atty. Gen. 296.

Annotations From Former § 1083

1. Ballot labels and sample ballots.

Annotations From Former § 1088

1. Short titles on ballots for constitutional amendments.

This section constitutes an exception to section 800 of this title, relating to form of ballots, and short titles may be used on the ballots when proposals for constitutional amendments are involved and voting machines are properly in use, rather than inserting the proposals on the ballots in full. 1974 Op. Atty. Gen. 225.

Annotations From Former § 1090

1. Construction with other laws.

Instructions issued by the Secretary of State for primary elections are not rules within the meaning of the Administrative Procedure Act and the Secretary need not comply with the act in issuing the instructions. 1972 Op. Atty. Gen. 402.

CHAPTER 21. COUNT AND RETURN OF VOTES

Sec.

§§ 1141-1304. Repealed. 1977, No. 269 (Adj. Sess.), § 4(a).

History

Former §§ 1141-1304. Former § 1141, relating to adjournment of general election, was derived from V.S. 1947, § 309; P.L. § 271; G.L. § 234; 1915, No. 1 , § 27; P.S. § 184; V.S. § 133; R.L. § 83; 1880, No. 109 and amended by 1965, No. 187 , § 26. This subject matter is now covered by § 2581 of this title.

Former § 1142, relating to closing polls at local elections, was derived from V.S. 1947, § 326; 1939, No. 8 , § 6; P.L. § 287; G.L. § 250; P.S. § 201; V.S. § 151; 1892, No. 1 , §§ 24, 33. The subject matter is now covered by §§ 2581, 2660 of this title.

Former § 1143, relating to rejection of ballots, was derived from V.S. 1947, § 307; P.L. § 269; G.L. § 231; P.S. § 181; 1902, No. 4 , § 1; V.S. § 130; 1892, No. 1 , § 30; 1890, No. 9 , § 30. The subject matter is now covered by § 2587 of this title.

Former § 1144, relating to application of chapter to additional polling places, was derived from V.S. 1947, § 321; 1939, No. 7 , § 3. The subject matter is now covered by chapter 51 of this title.

Former § 1181, relating to canvass of votes, was derived from V.S. 1947, § 308; 1939, No. 8 , § 3; 1935, No. 8 , § 3; P.L. § 270; 1929, No. 7 ; G.L. § 233; 1915, No. 5 ; 1912, No. 11 ; P.S. § 183; V.S. § 132; 1892, No. 1 , § 24; 1882, No. 114 , § 2; R.L. § 82; G.S. 1, §§ 15, 16; R.S. 1, § 14; 1838, No. 15 , § 2; R. 1797, p. 547, § 3; R. 1787, p. 49, § 1 and amended by 1963, No. 231 , § 7; 1965, No. 187 , § 27. The subject matter is now covered by § 2592 of this title.

Former § 1182, relating to certificate of election, was derived from V.S. 1947, § 310; P.L. § 272; G.L. § 235; 1915, No. 1 , § 28; 1910, No. 6 ; P.S. § 185; V.S. § 134; R.L. § 84; 1870, No. 2 , § 2; G.S. 1, § 17; R.S. 1, § 15; R. 1797, p. 547, § 3. The subject matter is now covered by § 2592 of this title.

Former § 1183, relating to signing of certificate, was derived from V.S. 1947, § 311; P.L. § 273; G.L. § 236; P.S. § 186; V.S. § 135; 1882, No. 115 , § 1 and amended by 1965, No. 187 , § 28. The subject matter is now covered by § 2592 of this title.

Former § 1221, relating to counting votes, was derived from V.S. 1947, § 312; 1939, No. 8 , § 4; 1935, No. 8 , § 4; P.L. § 274; G.L. § 237; 1915, No. 1 , § 29; P.S. § 187; V.S. § 136; 1894, No. 2 , § 1; 1892, No. 1 , § 24; 1884, No. 69 , § 3; 1882, No. 114 , § 3; R.L. § 85; G.S. 1, §§ 18, 39; R.S. 1, §§ 17, 35; 1815, p. 161, § 6; R. 1797, p. 547, § 3; R. 1787, p. 49. The subject matter is now covered by chapter 51, subchapter 8 of this title.

Former § 1222, relating to certificates of votes, was derived from V.S. 1947, § 313; P.L. § 275; 1933, No. 157 , § 231; G.L. § 238; 1915, No. 1 , §§ 30, 31; P.S. §§ 188, 189; 1904, No. 58 , § 2; V.S. §§ 137, 138; 1894, No. 2 , §§ 2, 3; 1884, No. 69 , § 4; R.L. §§ 86, 87; 1870, No. 2 , § 5; G.S. 1, § 19; R.S. 1, § 18; R. 1797, p. 547, § 3; R. 1787, p. 49. The subject matter is now covered by chapter 51, subchapter 8 of this title.

Former § 1223, relating to preservation of votes, was derived from 1955, No. 161 , § 2; V.S. 1947, § 314; 1941, No. 8 , § 1; P.L. § 276; G.L. § 239; 1917, No. 254 , § 241; 1915, No. 1 , § 32; P.S. § 190; 1902, No. 4 , § 1; V.S. § 139; 1894, No. 2 , § 4; 1884, No. 69 , § 5; R.L. § 88; 1870, No. 2 , §§ 5, 10; 1868, No. 2 , §§ 1, 2; G.S. 1, §§ 20, 41; R.S. 1, §§ 19, 37; R. 1797, p. 547, § 3; R. 1787, p. 50, § 1 and amended by 1959, No. 89 , § 1; 1961, No. 110 ; 1975, No. 140 (Adj. Sess.), § 2. The subject matter is now covered by § 2590 of this title.

Former § 1224, relating to form of certificate, was derived from V.S. 1947, § 315; P.L. § 277; G.L. § 240; 1917, No. 254 , § 242; 1915, No. 1 , § 33; P.S. § 191; R. 1906, § 177; V.S. § 140; 1884, No. 69 , § 6; R.L. § 90; G.S. 1, §§ 24, 40; R.S. 1, §§ 22, 36; 1806, p. 146, § 3. The subject matter is now covered by § 2592 of this title.

Former § 1261, relating to counting votes, was derived from V.S. 1947, § 316; 1939, No. 8 , § 5; 1935, No. 8 , § 5; P.L. § 278; G.L. § 241; P.S. § 192; V.S. § 141; R.L. § 85. The subject matter is now covered by chapter 51, subchapter 8 of this title.

Former § 1262, relating to votes for Senators, was derived from V.S. 1947, § 317; P.L. § 279; G.L. § 242; 1915, No. 1 , § 34; P.S. § 193; V.S. § 142; R.L. § 89; Const., ch. 2, § 37 and amended by 1965, No. 187 , § 29. The subject matter is now covered by chapter 51 of this title.

Former § 1263, relating to Senators' certificates, was derived from V.S. 1947, § 318; P.L. § 280; G.L. § 243; 1915, No. 1 , § 35; P.S. § 194; 1902, No. 90 , § 99; V.S. § 144; 1886, No. 35 , § 1. The subject matter is now covered by § 2592 of this title.

Former § 1264, relating to certificate of votes for county officers, was derived from V.S. 1947, § 319; 1947, No. 202 , § 322; P.L. § 281; 1933, No. 157 , § 237; 1919, No. 5 , § 1; G.L. § 244; P.S. § 195; V.S. § 145; R.L. § 91; Const., ch. 2, § 49; 1870, No. 2 , §§ 4, 10; 1868, No. 2 ; G.S. 1, § 25; 1850, No. 61 , § 1. The subject matter is now covered by § 2592 of this title.

Former § 1265, relating to form of certificates, was derived from V.S. 1947, § 320; 1947, No. 202 , § 323; P.L. § 282; 1919, No. 5 , § 2; G.L. § 245; 1915, No. 1 , § 36; P.S. § 196; V.S. § 146; R.L. § 4550, Form 54; 1870, No. 2 , § 4; G.S. 1, § 25. The subject matter is now covered by § 2592 of this title.

Former § 1301, relating to certificate not received, was derived from V.S. 1947, § 322; P.L. § 283; G.L. § 246; P.S. § 197; V.S. § 147; R.L. § 92; 1870, No. 2 , § 7; 1868, No. 2 , § 3. The subject matter is now covered by § 2591 of this title.

Former § 1302, relating to tabulation of certificates, was derived from V.S. 1947, § 323; P.L. § 284; G.L. § 247; 1915, No. 1 , § 37; P.S. § 198; V.S. § 148; R.L. § 93; 1870, No. 2 , § 8; 1868, No. 2 , § 4. The subject matter is now covered by chapter 51, subchapter 8 of this title.

Former § 1303, relating to canvassing votes and election by Senate and House of Representatives, was derived from V.S. 1947, § 324; P.L. § 285; G.L. § 248; P.S. § 199; R. 1906, § 185; 1904, No. 58 , § 1; V.S. § 149; 1884, No. 69 , § 7. The subject matter is now covered by § 2592 of this title.

Former § 1304, relating to disposition of certificates, was derived from V.S. 1947, § 325; P.L. § 286; G.L. § 249; P.S. § 200; V.S. § 150; R.L. § 94; G.S. 1, § 26; 1850, No. 61 , § 2. The subject matter is now covered by § 2592 of this title.

Annotations From Former § 1142

1. Charter provisions.

Where city charter prescribed that the annual meeting for election of city officers was to be held at a specified time and at place to be designated by city council, and that notice thereof was to be posted and published in a prescribed manner, a meeting held without the specified notice was illegal, and its proceedings void. State v. Dee, 83 Vt. 462, 76 A. 151 (1910).

Annotations From Former § 1143

1. Construction of ballots .

The cardinal rule for the guidance of election officers and courts in determining the validity of ballots is that if the intent of the voter can be determined with reasonable certainty from inspection of the ballot, effect must be given to that intent and the vote counted in accordance therewith, provided the voter has substantially complied with the requisites of election law; if the intent cannot be fairly and satisfactorily ascertained, the ballot cannot rightfully be counted. In re Manchester Town Election, 115 Vt. 230, 55 A.2d 612 (1947).

*2. Admissibility of parol evidence.

The intention of the voter who cast a disputed ballot is controlling in determining for what person or office it should be counted, but that intention must be deduced from the ballot itself, read in light of the surrounding circumstances of public character, which may be shown by parol; such extrinsic evidence cannot be received to contradict the ballot, nor when it is so defective as to express no intention whatever. Easterbrooks v. Atwood, 83 Vt. 354, 76 A. 109 (1910).

*3. Particular markings.

Where a voter affixes to his ballot a sticker containing the name of a candidate and an X after the name, both printed thereon, he thereby places a cross opposite the name and such ballot is to be counted. In re Manchester Town Election, 115 Vt. 230, 55 A.2d 612 (1947).

Under this section, inspectors of an election were warranted in counting a ballot marked with double or irregular markings instead of with the required cross (X) where it was possible to determine the intent of the voter and the record did not show that the inspectors of election were satisfied and decided the markings were made for the purpose of enabling the ballot to be identified and the vote traced. Morgan v. Deverannes, 86 Vt. 137, 83 A. 660 (1912).

Where, among ballots cast at annual town meeting for rival candidates for office of lister, there were thirteen upon which was printed in small type, "For Road Commissioner," under which, in large black letters, was the name of one of the candidates, the thirteen ballots were so defective that they could not be aided by extrinsic evidence and were void. Easterbrooks v. Atwood, 83 Vt. 354, 76 A. 109 (1910).

Annotations From Former § 1181

1. Hours of voting.

The Governor does not have authority to extend the hours of opening and closing polling places at the general election. 1946 Op. Atty. Gen. 101.

2. Voting in recessed election.

Only those persons as are made aware of a tie vote and who are in the vicinity where they can vote are in a position to cast their vote on the second or succeeding balloting for election of a Representative to the General Assembly. 1946 Op. Atty. Gen. 231.

3. Incomplete absentee ballots.

Where some of ballots sent absent voters omitted the name of the Democratic candidate for State's Attorney and there was not sufficient time to send out corrected ballots, the ballots were to be counted except as to the vote for State's Attorney and the ballots would invalidate the election of the State's Attorney only in the event they were sufficient in number to affect the result. 1946 Op. Atty. Gen. 231.

4. Determination of election results.

If departure from the provisions in regard to time for opening or closing polls is substantial and is such that it must be found to have affected the result, or if the rights of voters were injuriously affected thereby, the election must be held invalid, but, under § 14 of chapter II of the Constitution, the Representatives shall judge of election and qualifications of their own members. 1940 Op. Atty. Gen. 267.

Annotations From Former § 1223

1. Delivery of sealed ballots to General Assembly.

Under the mandatory provisions of this section, sealed ballots deposited with a city clerk can be delivered by him only to a committee of the General Assembly or to a person authorized by the General Assembly to receive them for the purpose of canvassing the votes. In re Post, 111 Vt. 444, 17 A.2d 326 (1941).

2. Final disposition of ballots.

Ballots delivered to the General Assembly pursuant to resolution must be returned to town and city clerks to be kept pursuant to provisions of this section. 1959 Op. Atty. Gen. 123.

3. Judicial review.

Since statutory measures exist for resolving, in the Legislature, the proper way to count questioned ballots for election of an Attorney General during the general election, the Supreme Court will not interfere. In re Recount of Votes for Atty. Gen., 133 Vt. 128, 330 A.2d 93 (1974).

Annotations From Former § 1303

1. Judicial review.

CHAPTER 23. CONTEST OF ELECTIONS

Sec.

§§ 1361-1366. Repealed. 1977, No. 269 (Adj. Sess.), § 4(a).

History

Former §§ 1361-1366. Former § 1361, relating to recount of votes for representative to General Assembly, was derived from 1957, No. 143 , §§ 1, 2 and amended by 1963, No. 161 ; 1965, No. 187 , § 30; 1967, No. 83 . The subject matter is now covered by chapter 51, subchapter 9 of this title.

Former § 1362, relating to recount of votes for county officers, was derived from 1955, No. 161 , § 1 and amended by 1975, No. 229 (Adj. Sess.), § 1. The subject matter is now covered by chapter 51, subchapter 9 of this title.

Former § 1363, relating to depositions, was derived from V.S. 1947, § 330; P.L. § 291; G.L. § 254; P.S. § 205; 1904, No. 58 , § 1; V.S. § 155; 1884, No. 69 , § 8; R.L. § 98; G.S. 1, § 30; R.S. 1, § 23; 1814, p. 64. The subject matter is now covered by chapter 51, subchapter 9 of this title.

Former § 1364, relating to form in which taken, was derived from V.S. 1947, § 331; P.L. § 292; G.L. § 255; P.S. § 206; V.S. § 156. R.L. § 99; G.S. 1, § 31; 1858, No. 42 . The subject matter is now covered by chapter 51, subchapter 9 of this title.

Former § 1365, relating to witnesses, was derived from V.S. 1947, § 332; P.L. § 293; G.L. § 256; P.S. § 207; V.S. § 157; R.L. § 100; G.S. 1, § 32; R.S. 1, § 28. The subject matter is now covered by chapter 51, subchapter 9 of this title.

Former § 1366, relating to recount of votes for State officers, U.S. Senators and Representatives, was derived from 1963, No. 175 and amended by 1967, No. 244 (Adj. Sess.), § 1. The subject matter is now covered by chapter 51, subchapter 9 of this title.

Annotations From Former § 1361

1. Challenging validity of election.

Where provision of this section, requiring that a petition be brought by a candidate and filed with appropriate county clerk within ten days after election in order to contest the election, was not invoked in suit alleging that candidate had violated election laws by advertising that he would set aside his salary, if elected, and divide it equally among fire departments and rescue squads in his voting district, declaratory relief would be barred. Pearl v. Curran, 135 Vt. 171, 376 A.2d 19 (1977).

The extraordinary remedies of mandamus, prohibition or certiorari were not available to petitioner to challenge the validity of the election of a named party to the General Assembly where the petitioner did not resort to the statutory procedure for challenging the validity of such election. Petition of LaFreniere (1967) 126 Vt. 204, 227 A.2d 301.

Annotations From Former § 1362

1. Jurisdiction.

The provisions of this section do not refer challenged elections to the county courts but rather make a Superior judge a special officer to supervise recounts in the case of county officers, and in that special capacity, the duties of the Superior judge are specifically mandated, the most important one being to certify the result of the recount. In re Petition of Smith, 131 Vt. 24, 298 A.2d 823 (1972).

2. Duties of judge.

As recounts seldom reach results without discrepancy, the proper function of the Superior judge in recounts for county officials is to report, by way of certification, the results of the recount however great its variation from the original tally. In re Petition of Smith, 131 Vt. 24, 298 A.2d 823 (1972).

CHAPTER 25. UNITED STATES SENATORS

Sec.

§§ 1421-1503. Repealed. 1977, No. 269 (Adj. Sess.), § 4(a).

History

Former §§ 1421-1503. Former § 1421, relating to time of holding election, was derived from V.S. 1947, § 348; P.L. § 309; G.L. § 257; 1915, No. 7 , § 1. The subject matter is now covered by § 2561 of this title.

Former § 1422, relating to canvassing votes, was derived from V.S. 1947, § 349; 1935, No. 12 , § 1; P.L. § 310; G.L. § 258; 1915, No. 7 , § 2 and amended by 1971, No. 137 (Adj. Sess.), § 1. The subject matter is now covered by § 2592 of this title.

Former § 1423, relating to list of certificates, was derived from V.S. 1947, § 350; P.L. § 311; G.L. § 259; 1915, No. 7 , § 3.

Former § 1461, relating to notice to Governor, was derived from V.S. 1947, § 351; P.L. § 312; G.L. § 260; 1915, No. 7 , § 4. The subject matter is now covered by § 2592 of this title.

Former § 1462, relating to special election, was derived from V.S. 1947, § 352; 1935, No. 12 , § 2; P.L. § 313; G.L. § 261; 1917, No. 254 , § 263; 1915, No. 7 , § 5. The subject matter is now covered by § 2621 of this title.

Former § 1463, relating to certificates of votes, was derived from V.S. 1947, § 353; P.L. § 314; G.L. § 262; 1915, No. 7 , § 6. The subject matter is now covered by § 2592 of this title.

Former § 1464, relating to disposition of certificates, was derived from V.S. 1947, § 354; P.L. § 315; 1933, No. 157 , § 256; G.L. § 263; 1915, No. 7 , § 7. The subject matter is now covered by § 2592 of this title.

Former § 1465, relating to canvassing certificates of votes, was derived from V.S. 1947, § 355; P.L. § 316; 1933, No. 157 , § 257; G.L. § 264; 1917, No. 254 , § 266; 1915, No. 7 , § 8. The subject matter is now covered by § 2592 of this title.

Former § 1466, relating to listing of certificates, was derived from V.S. 1947, § 356; P.L. § 317; G.L. § 265; 1915, No. 7 , § 9.

Former § 1501, relating to gubernatorial proclamation of vacancy, was derived from V.S. 1947, § 357; 1940S, No. 1, § 3; P.L. § 318; 1933, No. 157 , § 259; 1923, No. 2 , § 1; G.L. § 266; 1917, No. 9 , § 1; 1915, No. 7 , § 10. The subject matter is now covered by § 2621 of this title.

Former § 1502, relating to temporary appointment, was derived from V.S. 1947, § 358; P.L. § 319; 1933, No. 157 , § 260; 1923, No. 2 , § 1; G.L. § 266; 1917, No. 9 , § 1; 1915, No. 7 , § 10. The subject matter is now covered by § 2622 of this title.

Former § 1503, relating to form of ballot when two U.S. Senators voted for, was derived from V.S. 1947, § 359; 1940S, No. 1, § 4; P.L. § 320; G.L. § 267; 1915, No. 7 , § 11, and previously repealed by 1977, No. 42 , § 14.

Annotations From Former § 1501

1. Generally.

The Governor does not have authority to fill a vacancy in the office of Senator where it occurs through resignation, and the only way the vacancy can be filled is through special election, or, in case there is insufficient time for such election, through a change in the election laws by the Legislature. 1948 Op. Atty. Gen. 93.

2. Time of election.

A special election for Senator pursuant to gubernatorial proclamation shall be called at ten o'clock in the forenoon in a town whose population does not exceed fifteen hundred and six o'clock in the forenoon in towns of larger population, except that in a town not exceeding fifteen hundred in population, which voted so to do at its last annual meeting, the meeting shall be called at six o'clock in the forenoon. 1934 Op. Atty. Gen. 294.

Annotations From Former § 1502

1. Vacancy through resignation.

Where a vacancy is created by resignation, the vacancy must continue until a special election is held. 1946 Op. Atty. Gen. 126, 148.

CHAPTER 27. REPRESENTATIVES TO CONGRESS

Sec.

§§ 1561-1701. Repealed. 1977, No. 269 (Adj. Sess.), § 4(a).

History

Former §§ 1561-1701. Former § 1561, relating to State as one district, was derived from V.S. 1947, § 97; P.L. § 79; 1933, No. 157 , § 35; 1931, No. 2 , § 1; G.L. §§ 67, 68; P.S. §§ 63, 64; V.S. §§ 55, 56; R.L. §§ 54, 55, 56, 57; G.S. 1, §§ 33, 34; 1842, No. 4 , § 1; 1832, No. 11 ; R.S. 1, § 29.

Former § 1591, relating to canvassing board, was derived from V.S. 1947, § 360; 1935, No. 13 , § 1; P.L. § 321; G.L. § 268; 1917, No. 254 , § 270; 1915, No. 6 , § 1; P.S. § 208; V.S. § 158; R.L. § 101; G.S. 1, § 42; R.S. 1, § 38; 1832, No. 11 , § 3 and amended by 1971, No. 137 (Adj. Sess.), § 2. The subject matter is now covered by § 2592 of this title.

Former § 1592, relating to listing certificates of votes, was derived from V.S. 1947, § 361; P.L. § 322; G.L. § 269; P.S. § 209; V.S. § 159; R.L. § 102; G.S. 1, § 48; R.S. 1, § 46; 1832, No. 11 , § 7. The subject matter is now covered by § 2592 of this title.

Former § 1631, relating to notice to Governor, was derived from V.S. 1947, § 362; P.L. § 323; G.L. § 270; 1915, No. 6 , § 2; P.S. § 210; V.S. § 160; R.L. § 103; G.S. 1, § 43; R.S. 1, § 39. The subject matter is now covered by § 2592 of this title.

Former § 1632, relating to special election, was derived from V.S. 1947, § 363; 1935, No. 13 , § 2; P.L. § 324; G.L. § 271; 1917, No. 254 , § 273; 1915, No. 1 , § 38; P.S. § 211; V.S. § 161; R.L. § 104; G.S. 1, § 44; 1848, No. 14 , § 2; R.S. 1, § 40; 1832, No. 11 , § 4; 1830, No. 22 ; 1828, No. 15 . The subject matter is now covered by § 2621 of this title.

Former § 1633, relating to certificates of votes, was derived from V.S. 1947, § 364; P.L. § 325; G.L. § 272; P.S. § 212; V.S. § 162; R.L. § 105; G.S. 1, § 45; 1842, No. 4 , § 3; R.S. 1, § 41; 1832, No. 11 , § 5. The subject matter is now covered by § 2590 of this title.

Former § 1634, relating to time and place of canvassing votes, was derived from V.S. 1947, § 365; P.L. § 326; 1933, No. 157 , § 267; 1919, No. 6 ; G.L. § 273; 1917, No. 254 , § 275; P.S. § 213; V.S. § 163; R.L. § 106; 1874, No. 71 ; G.S. 1, §§ 46, 47; 1851, No. 65 ; R.S. 1, §§ 42, 43. The subject matter is now covered by § 2592 of this title.

Former § 1635, relating to duties of county clerks, was derived from V.S. 1947, § 366; P.L. § 327; G.L. § 274; 1917, No. 254 , § 276; P.S. § 214; V.S. § 164; R.L. § 107; G.S. 1, §§ 46, 49, 50; 1851, No. 65 ; R.S. 1, §§ 42, 47, 48; 1832, No. 11 , §§ 5, 13, 14. The subject matter is now covered by § 2592 of this title.

Former § 1636, relating to listing certificates, was derived from V.S. 1947, § 367; P.L. § 328; G.L. § 275; P.S. § 215; V.S. § 165; R.L. § 108; G.S. 1, § 48; R.S. 1, § 46; 1832, No. 11 , § 7. The subject matter is now covered by § 2590 of this title.

Former § 1701, relating to special election, was derived from V.S. 1947, § 368; 1935, No. 13 , § 3; P.L. § 329; G.L. § 276; 1915, No. 1 , § 39; P.S. § 216; V.S. § 166; R.L. § 109; G.S. 1, § 52; R.S. 1, § 50; 1832, No. 11 , § 16; 1822, p. 29, § 15; 1817, p. 110, § 1; 1798, p. 21; 1795, p. 39; 1794, p. 41. The subject matter is now covered by § 2621 of this title.

Annotations From Former § 1701

1. Time of election.

At special election for Representative to Congress pursuant to gubernatorial proclamation, freemen shall meet at one o'clock in afternoon, in places in several towns where general elections were last held, to elect representative to Congress to fill vacancy in said office. 1934 Op. Atty. Gen. 295.

CHAPTER 29. ELECTORS OF PRESIDENT AND VICE-PRESIDENT

Sec.

§§ 1751-1756. Repealed. 1979, No. 199 (Adj. Sess.), § 2, eff. May 6, 1980.

History

Former §§ 1751-1756. Former § 1751, relating to warning, holding elections, and counting votes, was derived from V.S. 1947, § 369; P.L. § 330; G.L. § 277; P.S. § 217; V.S. § 167; R.L. § 110; G.S. 1, §§ 54, 57, 59; 1860, No. 19 ; 1848, No. 14 , §§ 1, 6; R.S. 1, §§ 52, 54, 56; 1824, p. 4, §§ 1, 2; 1791, p. 37. The subject matter is now covered by chapter 57 of this title.

Former § 1752, relating to certificates of votes, was derived from V.S. 1947, § 370; P.L. § 331; G.L. § 278; P.S. § 218; V.S. § 168; 1884, No. 70 , § 1; R.L. § 111; 1880, No. 136 , § 1; G.S. 1, §§ 55, 59; 1851, No. 64 ; 1848, No. 14 , § 4; R.S. 1, § 56; 1824, p. 4, § 2. The subject matter is now covered by § 2588 of this title.

Former § 1753, relating to disposition of certificates, was derived from V.S. 1947, § 371; P.L. § 332; 1933, No. 157 , § 273; G.L. § 279; P.S. § 219; V.S. § 169; 1884, No. 70 , § 2; R.L. § 112; 1880, No. 136 , § 2; G.S. 1, §§ 55, 60, 61; 1851, No. 64 ; R.S. 1, §§ 57, 58; 1824, p. 4, 6, §§ 2, 3. The subject matter is now covered by § 2590 of this title.

Former § 1754, relating to canvassing certificates, was derived from V.S. 1947, § 372; P.L. § 333; 1933, No. 157 , § 274; G.L. § 280; 1917, No. 254 , § 282; P.S. § 220; V.S. § 170; R.L. § 113; 1880, No. 136 , § 3; G.S. 1, §§ 60, 63, 64; R.S. 1, §§ 57, 60, 61; 1824, p. 4, 7, §§ 2, 9. The subject matter is now covered by § 2592 of this title.

Former § 1755, relating to listing certificates, was derived from V.S. 1947, § 373; 1947, No. 202 , § 376; P.L. § 334; G.L. § 281; P.S. § 221; V.S. § 171; R.L. § 114; 1880, No. 136 , § 4; G.S. 1, § 62; R.S. 1, § 59; 1824, p. 6, § 4. The subject matter is now covered by § 2592 of this title.

Former § 1756, relating to meeting of electors, was derived from V.S. 1947, § 374; 1937, No. 7 , § 3; P.L. § 335; 1933, No. 157 , § 276; 1929, No. 4 , § 10; G.L. § 282; P.S. § 222; R. 1906, § 208; V.S. § 172; 1888, No. 134 , § 1; R.L. § 115; 1880, No. 136 , § 5; 1876, No. 91 ; G.S. 1, § 63; R.S. 1, § 63; R.S. 1, § 60; 1824, p. 6, § 5. The subject matter is now covered by § 2732 of this title.

CHAPTER 31. CONVENTIONS TO AMEND U.S. CONSTITUTION

Sec.

Cross References

Cross references. Publication and ratification of amendment of Vermont Constitutions, see chapter 32 of this title.

§ 1811. Governor to call.

Whenever the Congress of the United States shall submit to the several states an amendment to the Constitution of the United States, and pursuant to Article V of such Constitution shall provide that such amendment be acted upon by conventions in the several states, the Governor, within 60 days after such amendment has been officially transmitted from the United States to this State, shall issue a call for the election of delegates to a convention to act upon such amendment. He or she shall set the date for the election of delegates and the date and hour for the holding of such convention.

History

Source. V.S. 1947, § 333. P.L. § 294. 1933, No. 6 , § 1.

§ 1812. Composition of convention.

The convention shall be composed of 14 delegates elected at large by the qualified voters of Vermont. It shall meet in the Senate chamber of the capitol at Montpelier. The date for the holding of such convention shall be not less than 20 nor more than 30 days after the election of delegates.

History

Source. V.S. 1947, § 334. P.L. § 295. 1933, No. 6 , § 2.

§ 1813. Election of delegates.

The election of delegates shall take place not less than three nor more than 12 months after the call, but in no case shall it occur within 40 days of the date fixed by law for a general or primary election.

History

Source. V.S. 1947, § 335. P.L. § 296. 1933, No. 6 , § 3.

§ 1814. Appointment of candidates for delegates.

Not less than 30 days before the date of the election of delegates, the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives, or in case of incapacity of any one of them, the Secretary of State in his or her stead, shall appoint and forthwith announce the names of 28 candidates for delegates, such candidates being in their opinion representative citizens of Vermont. Fourteen of these candidates shall be persons who assent to the placing of their names on the ballots as "For Ratification," and 14 shall be persons who assent to the placing of their names on the ballot as "Against Ratification." One candidate for ratification and one candidate against ratification shall be appointed from each county in the State.

History

Source. V.S. 1947, § 336. P.L. § 297. 1933, No. 6 , § 4.

§ 1815. Acceptance of candidacy.

On accepting such designation each candidate shall file his or her acceptance as follows:

"I do hereby accept this appointment as candidate for delegate to the convention to be held on the ............ day of ....................; and assent to the placing of my name on the ballot as For Ratification or Against Ratification. Signed .."

History

Source. V.S. 1947, § 337. P.L. § 298. 1933, No. 6 , § 5.

§ 1816. Form of ballot.

The form of the ballot to be used shall be as follows:

DELEGATES TO CONVENTION TO VOTE UPON THE FOLLOWING PROPOSED AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES:

(Here shall follow the text of the proposed amendment.)

Instructions

To vote for all the delegates who stand For Ratification, make an (X) in the square at the head of the column marked NAMES FOR RATIFICATION. To vote for all the delegates who stand Against Ratification, make a cross (X) in the square at the head of the column marked NAMES AGAINST RATIFICATION. If you do not wish to vote for every candidate in one column, make a cross (X) opposite the name of the candidates of your choice, not to exceed fourteen in all. If you do not wish to vote for the candidates named in the column "For Ratification" or the candidates named in the column "Against Ratification" you may write in the names of other delegates not to exceed fourteen in number in the spaces provided below. Ballots on which more than fourteen names are marked will be considered defective.

[insert wide measure camera copy here]

History

Source. V.S. 1947, § 338. P.L. § 299. 1933, No. 6 , § 6.

§ 1817. Endorsement of ballots.

Upon each ballot shall be endorsed the words "Official Ballot," followed by the name of the town in which it is to be used, the date of the election, and a facsimile of the signature of the Secretary of State with his or her official title.

History

Source. V.S. 1947, § 339. P.L. § 300. 1933, No. 6 , § 7.

§ 1818. Checklist to be used.

The check list used in the last preceding general election shall apply, but may be revised as now provided by law for check lists used at general elections. The polls for this election shall open at 10 a.m. and close at 8 p.m.

History

Source. V.S. 1947, § 340. P.L. § 301. 1933, No. 6 , § 8.

Cross References

Cross references. Registration of voters generally, see chapter 43 of this title.

§ 1819. Canvassing board.

The Lieutenant Governor, the Speaker of the House of Representatives, and the Secretary of State shall canvass the ballots, declaring elected the 14 candidates who have received the greatest number of votes and the Secretary of State shall publish the results. The Secretary of State, upon the completion of the canvass, shall mail or deliver in person to each delegate so elected a notice thereof and such delegates so elected shall be members of the convention.

History

Source. V.S. 1947, § 341. P.L. § 302. 1933, No. 6 , § 9.

§ 1820. General election law to apply; expense of election.

Expenses of such election shall be paid by the State or town as in the case of general elections. The statutory provisions as to holding general elections, furnishing ballots, instructions and forms, appointment and payment of election officers, filling of vacancies, solicitation of voters at the polls, challenging of voters, manner of conducting elections, counting and preserving the ballots and making returns thereof, and all other kindred subjects shall apply to such elections insofar as they are consistent with this chapter, it being the intent of this chapter to place such elections under the regulation and protection of the laws relating to general elections.

History

Source. V.S. 1947, § 342. P.L. § 303. 1933, No. 6 , § 10.

Cross References

Cross references. Conduct of elections generally, see chapter 51 of this title.

§ 1821. Construction of chapter.

The provisions of this chapter shall be liberally construed so that the real will of the voters shall not be defeated and so that the voters shall not be deprived of their right because of informality or failure to comply with provisions of law as to notice or conduct of the election or of certifying the results thereof.

History

Source. V.S. 1947, § 343. P.L. § 304. 1933, No. 6 , § 11.

§ 1822. Filling vacancies.

In case of vacancies caused by death, disability, or resignation, the Governor shall fill the vacancies by appointment.

History

Source. V.S. 1947, § 344. P.L. § 305. 1933, No. 6 , § 12.

§ 1823. Quorum; Secretary.

A majority of the delegates shall constitute a quorum to do business, when convened according to the provisions of this chapter. The Secretary of State shall be ex officio Secretary of the convention and with the Chair of the convention, he or she shall certify the vote of the convention to the Secretary of State of the United States.

History

Source. V.S. 1947, § 345. P.L. § 306. 1933, No. 6 , § 13.

§ 1824. Compensation.

The compensation of each delegate shall be $10.00 and actual expenses.

History

Source. V.S. 1947, § 346. P.L. § 307. 1933, No. 6 , § 14.

§ 1825. Effect of congressional prescription of the manner of holding conventions.

If, on or about the time of submitting any such amendment, Congress, in the resolution submitting the same, or by statute, shall prescribe the manner in which the conventions shall be constituted, the preceding provisions of this chapter shall be inoperative. The convention shall be constituted and shall operate as the resolution or act of Congress shall direct, and all officers of the State who may by the resolution or statute be authorized or directed to take any action to constitute such a convention for this State are hereby authorized and directed to act thereunder and in conformity thereto, with the same force and effect as if acting under a statute of this State.

History

Source. V.S. 1947, § 347. P.L. § 308. 1933, No. 6 , § 15.

CHAPTER 32. PUBLICATION AND RATIFICATION OF ARTICLES OF AMENDMENT TO VERMONT CONSTITUTION

SUBCHAPTER 1. INTERIM PUBLICATION

SUBCHAPTER 2. RATIFICATION

Cross References

Cross references. Conventions to amend U.S. Constitution, see chapter 31 of this title.

Procedure to amend Vermont Constitution, see Vt. Const. Ch. II, § 72.

Subchapter 1. Interim Publication

§ 1840. Interim publication.

Within 90 days following adjournment without day of any session of the General Assembly in which articles of amendment to the Constitution have been proposed by the Senate and concurred in by the House, the Secretary of State shall prepare copies of the proposal or proposals of amendment and forward them, with a summary of proposed changes, for publication in at least two newspapers having general circulation in the State, as determined by the Secretary of State. The proposal or proposals shall be so published once each week for three successive weeks in each of the papers at the expense of the State and on the websites of the General Assembly and the Office of the Secretary of State.

Added 1971, No. 211 (Adj. Sess.), § 2, eff. April 3, 1972; amended 1981, No. 239 (Adj. Sess.), § 32; 2013, No. 161 (Adj. Sess.), § 61.

History

2016. In the first sentence, adjournment without day - or adjournment sine die - refers to final adjournment.

Amendments--2013 (Adj. Sess.). Substituted "in at least two newspapers having general circulation in the State" for "to the principal daily newspapers published in the state" following "for publication", "Secretary of State. The" for "secretary of state; and the" following "as determined by the", and "State and on the websites of the General Assembly and the Office of the Secretary of State" for "state" at the end.

Amendments--1981 (Adj. Sess.). Deleted "ten" preceding "principal daily newspapers".

Validation of 1974 and 1982 constitutional amendments. 1981, No. 239 (Adj. Sess.), § 39, eff. May 4, 1982, provided: "Omission of the interim publications required under 17 V.S.A. § 1840 shall not affect the validity of those amendments to the Vermont Constitution which were approved by the voters in 1974 and 1982."

Prohibition against printing of warnings in FY 1993. 1991, No. 245 (Adj. Sess.), § 3, provided in part: "Notwithstanding 17 V.S.A. § 1840, warnings of proposed articles of amendments to the State Constitution shall not be printed in FY 1993."

Subchapter 2. Ratification

§ 1841. Constitutional requirements.

Amendments to the Constitution, having been proposed by the General Assembly, published, and concurred in by the succeeding General Assembly as required by § 72 of Chapter II of the Constitution, shall be submitted to the people of the State for their ratification and adoption in the manner provided in this chapter.
Following the concurrence by the succeeding General Assembly but prior to being submitted to the people of the State, the Governor shall issue a proclamation providing public notice of the proposed constitutional amendment.
Added 1971, No. 211 (Adj. Sess.), § 2, eff. April 3, 1972; amended 2019, No. 67 , § 1.

History

Revision note. Reference to "section 68" changed to "section 72" to conform to renumbering of Chapter II of the Constitution.

Amendments--2019. Added the subsec. (a) designation, and added subsec. (b).

§ 1842. Time of voting; warning.

The people shall be assembled for the purpose of voting on the article of amendment in their respective towns and cities at the same time and place as for the general election, on the first Tuesday after the first Monday in November, in even-numbered years, and the warning for each meeting shall contain an article, in substance as follows:
"To see if the voters will vote to accept or reject the proposed article of amendment to the Constitution of Vermont."
The omission of that article from the warning shall not invalidate nor affect the vote on the proposed article of amendment, and the voters of each town or city shall vote on the article of amendment whether the warning contains the foregoing article or not.
Added 1971, No. 211 (Adj. Sess.), § 2, eff. April 3, 1972; amended 1981, No. 239 (Adj. Sess.), § 33; 2019, No. 67 , § 1.

History

Amendments--2019. Substituted "voters" for "freemen and freewomen" in the second paragraph of subsec. (a), and in subsec. (b).

Amendments--1981 (Adj. Sess.). Subsec. (a): Substituted "general election" for "annual town or city meeting" and "after the first Monday in November, in even-numbered years" for "in March" following "first Tuesday".

§ 1843. Process of voting; making returns; conduct of meetings.

1. At those meetings the voters may vote by ballot for or against the article of amendment. (a) (1) At those meetings the voters may vote by ballot for or against the article of amendment.
2. The same officer shall preside in each such meeting as provided in section 2680 of this title.
The board of civil authority shall, in open meeting, receive, sort, and count the votes of the voters for and against the article of amendment and the result shall be declared by the presiding officer. That result shall be recorded by the clerk of the town or city and true returns thereof shall be made, sealed up, and sent by the clerk by mail or otherwise to the Secretary of State as provided in section 2588 of this title.
The polls for voting on the article of amendment shall be open as provided in section 2561 of this title.
Added 1971, No. 211 (Adj. Sess.), § 2, eff. April 3, 1972; amended 1981, No. 239 (Adj. Sess.), § 34; 2019, No. 67 , § 1.

History

Amendments--2019. Added the subsec. (a)-(c) designations; substituted "voters" for "freemen and freewomen" in subdiv. (a)(1) and subsec. (b); and amended subsec. (c) generally.

Amendments--1981 (Adj. Sess.). Substituted "as provided in section 2680 of this title" for "as in the annual town or city meeting" at the end of the second sentence and "as provided in section 2588 of this title" for "within seven days after the meeting" at the end of the fourth sentence, deleted the former fifth sentence relating to the procedure to be employed in city meetings, and, in the present fifth sentence, deleted "at the time the meeting is called" following "opened" and substituted "as provided in section 2561 of this title" for "as the legislative body directs".

§ 1844. Publication in newspapers and on State websites; ballots.

1. The Secretary of State shall, between September 25 and October 1 in any year in which a vote on ratification of an article of amendment is taken, prepare copies of the proposal of amendment and forward them, with a summary of proposed changes, for publication in at least two newspapers having general circulation in the State, as determined by the Secretary of State. (a) (1) The Secretary of State shall, between September 25 and October 1 in any year in which a vote on ratification of an article of amendment is taken, prepare copies of the proposal of amendment and forward them, with a summary of proposed changes, for publication in at least two newspapers having general circulation in the State, as determined by the Secretary of State.
The proposal shall be so published once each week for three successive weeks in each of the papers at the expense of the State and on the websites of the General Assembly and the Office of the Secretary of State.
The Secretary of State shall cause ballots to be prepared for a vote by the voters of the State upon the proposal of amendment.
Added 1971, No. 211 (Adj. Sess.), § 2, eff. April 3, 1972; amended 1981, No. 239 (Adj. Sess.), § 35; 2013, No. 161 (Adj. Sess.), § 62; 2019, No. 67 , § 1.

History

Amendments--2019. Subsec. (a): Added the subdiv. (1) and (2) designations.

Subsec. (b): Substituted "voters of the State" for "freemen and freewomen".

Amendments--2013 (Adj. Sess.). Section heading: Inserted "and on State websites" following "newspapers".

Subsec. (a): Added the subsec. designation, substituted "in at least two newspapers having general circulation" for "to the principal daily newspapers published" following "for publication", "Secretary of State. The" for "secretary of state; and the" following "determined by the", and "State and on the websites of the General Assembly and the Office of the Secretary of State." for "state. He or she" at the end.

Subsec. (b): Added the subsec. designation and inserted "The Secretary of State" at the beginning and "and freewomen" following "the freemen".

Amendments--1981 (Adj. Sess.). Substituted "September 25 and October 1" for "January 25 and February 1" and deleted "ten" preceding "principal daily newspapers" in the first sentence.

§ 1845. Qualifications of voters; conduct of election.

The qualifications of voters on the proposal of amendment, the checklist requirements for the election, and all other provisions relating to the conduct of the election shall be the same as those required at general elections.

Added 1971, No. 211 (Adj. Sess.), § 2, eff. April 3, 1972; amended 1981, No. 239 (Adj. Sess.), § 6; 2019, No. 67 , § 1.

History

Amendments--2019. Substituted "conduct of election" for "checklists, booths, clerks" in the section heading and amended the section generally.

Amendments--1981 (Adj. Sess.). Substituted "2121-2126" for "61-69", "2141-2150" for "201-246", and "2141" for "201", and "at least 30 days before the first Tuesday after the first Monday in November, in even-numbered years" for "at least 20 days before the first Tuesday in March" following "prepared and posted".

§ 1845a. Omitted.

History

Editor's note. Former § 1845a of this title, which was derived from 1973, No. 140 (Adj. Sess.), related to qualifications to vote on the proposed article of amendment to the Constitution of Vermont on March 5, 1974.

§ 1846. Failure to post checklists.

The failure of the selectboard of any town, or the proper officers of any city, to prepare and post checklists of the voters of the town or city as provided by section 2141 of this title, shall not invalidate the votes given by the voters of the town or city upon the proposed article of amendment.

Added 1971, No. 211 (Adj. Sess.), § 2, eff. April 3, 1972; amended 1981, No. 239 (Adj. Sess.), § 36; 2019, No. 67 , § 1.

History

2018. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Amendments--2019. Section amended generally.

Amendments--1981 (Adj. Sess.). Substituted "30 days before the first Tuesday after the first Monday in November, in even-numbered years" for "20 days before the first Tuesday in March".

§ 1847. Repealed. 1981, No. 239 (Adj. Sess.), § 37.

History

Former § 1847. Former § 1847, relating to use of the checklist of previous general election in towns and cities in which no checklist had been prepared and posted under section 1845, was derived from 1971, No. 211 (Adj. Sess.), § 2.

§ 1848. Tabulation of returns; record of amendments.

The Governor and Secretary of State shall, on the second Tuesday of December, of the year in which a vote on ratification of an article of amendment is taken, open and tabulate the returns made under section 1843 of this chapter; and if it appears therefrom that the article of amendment has been ratified and adopted by a majority of the voters voting thereon, the amendment shall be enrolled on the parchment and deposited in the office of the Secretary of State as a part of the Constitution of this State and shall, in all future official revisions of the laws, be published in immediate connection therewith.

Added 1971, No. 211 (Adj. sess.), § 2, eff. April 3, 1972; amended 1981, No. 239 (Adj. Sess.), § 38; 2019, No. 67 , § 1.

History

Amendments--2019. Substituted "chapter" for "title" and "voters" for "freemen and freewomen".

Amendments--1981 (Adj. Sess.). Substituted "December" for "April" following "second Tuesday of".

§ 1849. Proclamation by Governor.

The Governor shall thereupon forthwith issue his or her proclamation, attested by the Secretary of State, reciting the article of amendment and announcing the ratification and adoption of it by the people of this State under this chapter and that the amendment has become a part of the Constitution thereof and requiring all officers and all citizens of the State to take notice thereof and govern themselves accordingly; or that the article of amendment has been rejected, as the case may be.

Added 1971, No. 211 (Adj. Sess.), § 2, eff. April 3, 1972; amended 2019, No. 67 , § 1.

History

Amendments--2019. Deleted "magistrates and" following "requiring all".

§ 1850. Transmission of copies of chapter and forms to clerks.

The Secretary of State shall send to the clerk of each city and town a copy of this chapter at least two months before the vote on the ratification of an article of amendment.
In any year in which a vote on ratification of an article of amendment is taken, the Secretary of State shall, within the period prescribed by section 1844 of this chapter, send to the clerk of each city and town ballots provided for in that section and blank forms for the returns of votes on the article of amendment.
Added 1971, No. 211 (Adj. Sess.), § 2, eff. April 3, 1972; amended 2019, No. 67 , § 1.

History

Amendments--2019. Section heading: Substituted "chapter" for "act".

Subsec. (a): Added the subsec. designation, and substituted "chapter at least two months before the vote on the ratification of an article of amendment" for "act" following "copy of this".

Subsec. (b): Added the subsec. designation, and substituted "chapter" for "title" and "that section" for "section 1844 of this title".

CHAPTER 33. APPORTIONMENT OF STATE SENATORS

Sec.

Cross References

Cross references. Apportionment of State Representatives, see chapter 34 of this title.

Periodic reapportionment, see chapter 34A of this title.

Number of State Senators to be elected, see Vt. Const. Ch. II, § 18.

§ 1881. Number to be elected.

Senatorial districts and the number of Senators to be elected from each are as follows:

Addison Senatorial District, composed of the towns of Addison, Bridport, Bristol, Buel's Gore, Cornwall, Ferrisburgh, Goshen, Granville, Hancock, Huntington, Leicester, Lincoln, Middlebury, Monkton, New Haven, Orwell, Panton, Ripton, Salisbury, Shoreham, Starksboro, Vergennes, Waltham, Weybridge, and Whiting . . . . . . . . two;
Bennington Senatorial District, composed of the towns of Arlington, Bennington, Dorset, Glastenbury, Landgrove, Manchester, Peru, Pownal, Readsboro, Rupert, Sandgate, Searsburg, Shaftsbury, Stamford, Sunderland, Wilmington, Winhall, and Woodford . . . . . . . . two;
Caledonia Senatorial District, composed of the towns of Barnet, Bradford, Burke, Danville, Fairlee, Groton, Hardwick, Kirby, Lyndon, Newark, Newbury, Orange, Peacham, Ryegate, St. Johnsbury, Sheffield, Stannard, Sutton, Topsham, Walden, Waterford, West Fairlee, and Wheelock. . . . . . . . . . . . . . . . two;
Chittenden Senatorial District, composed of the towns of Bolton, Burlington, Charlotte, Essex, Hinesburg, Jericho, Milton, Richmond, St. George, Shelburne, South Burlington, Underhill, Westford, Williston, and Winooski . . . . . . . .. six;
Essex-Orleans Senatorial District, composed of the towns of Albany, Averill, Avery's Gore, Barton, Bloomfield, Brighton, Brownington, Brunswick, Canaan, Charleston, Concord, Coventry, Craftsbury, Derby, East Haven, Ferdinand, Glover, Granby, Greensboro, Guildhall, Holland, Irasburg, Jay, Lemington, Lewis, Lowell, Lunenburg, Maidstone, Montgomery, Morgan, Newport City, Newport Town, Norton, Richford, Troy, Victory, Warner's Grant, Warren Gore, Westfield, Westmore, and Wolcott . . . . . . . . . . . . . . .. two;
Franklin Senatorial District, composed of the towns of Alburgh, Bakersfield, Berkshire, Enosburgh, Fairfax, Fairfield, Fletcher, Franklin, Georgia, Highgate, St. Albans City, St. Albans Town, Sheldon, and Swanton . . . . . . . . . . . . . . . . two;
Grand Isle Senatorial District, composed of the towns of Colchester, Grand Isle, Isle La Motte, North Hero, and South Hero. . . . . . . . . . . . . . . . one;
Lamoille Senatorial District, composed of the towns of Belvidere, Cambridge, Eden, Elmore, Hyde Park, Johnson, Morristown, Stowe, and Waterville . . . . . . . . . . . . . . . . one;
Orange Senatorial District, composed of the towns of Braintree, Brookfield, Chelsea, Corinth, Randolph, Strafford, Thetford, Tunbridge, Vershire, Washington, and Williamstown . . . . . . . . . . . . . . . . one;
Rutland Senatorial District, composed of the towns of Benson, Brandon, Castleton, Chittenden, Clarendon, Danby, Fair Haven, Hubbardton, Ira, Killington, Mendon, Middletown Springs, Mt. Tabor, Pawlet, Pittsfield, Pittsford, Poultney, Proctor, Rutland City, Rutland Town, Shrewsbury, Sudbury, Tinmouth, Wallingford, Wells, West Haven, and West Rutland. . . . . . . .. . . . . . . . three;
Washington Senatorial District, composed of the towns of Barre City, Barre Town, Berlin, Cabot, Calais, Duxbury, East Montpelier, Fayston, Marshfield, Middlesex, Montpelier, Moretown, Northfield, Plainfield, Roxbury, Waitsfield, Warren, Waterbury, Woodbury, and Worcester . . . . . . . .. . . . . . . . three;
Windham Senatorial District, composed of the towns of Athens, Brattleboro, Brookline, Dover, Dummerston, Grafton, Guilford, Halifax, Jamaica, Marlboro, Newfane, Putney, Rockingham, Somerset, Stratton, Townshend, Vernon, Wardsboro, Westminster, Whitingham, and Windham. . . . . . . .. . . . . . . . two;
Windsor Senatorial District, composed of the towns of Andover, Baltimore, Barnard, Bethel, Bridgewater, Cavendish, Chester, Hartford, Hartland, Londonderry, Ludlow, Mt. Holly, Norwich, Plymouth, Pomfret, Reading, Rochester, Royalton, Sharon, Springfield, Stockbridge, Weathersfield, Weston, West Windsor, Windsor, and Woodstock. . . . . . . .. . . . . . . . three.
Amended 1962, No. 5 (Sp. Sess.), § 1, eff. Aug. 9, 1962; 1965, No. 96 , § 1; 1971, No. 248 (Adj. Sess.); 1973, No. 80 , § 1, eff. June 1, 1973, see note set out below; 1981, No. 131 (Adj. Sess.), § 1, eff. July 1, 1982, see note set out below; 1991, No. 217 (Adj. Sess.), § 1, eff. May 22, 1992; 2001, No. 151 (Adj. Sess.), § 52, eff. June 27, 2002; 2011, No. 93 (Adj. Sess.), § 3, eff. May 1, 2012.

History

Source. V.S. 1947, § 89. 1941, No. 2 , § 1. P.L. § 71. 1931, No. 1 . 1921, No. 2 . G.L. § 58. 1910, No. 2 . P.S. § 55. 1900, No. 1 , § 1. V.S. § 47. R.L. § 46. 1870, No. 91 . G.S. 1, § 11. 1861, No. 1 . 1851, No. 52 . 1841, No. 15 .

Revision note. Substituted "Killington" for "Sherburne" in subdiv. (10) in light of 1999, Municipal Act No. M-3, § 3, which changed the name of the town of Sherburne, in the county of Rutland, to Killington. Section 4 of that act also directed the Statutory Revision Commission to make all necessary changes in the Vermont Statutes Annotated to bring it into conformity with the provisions of the act.

Amendments--2011 (Adj. Sess.). Subdiv. (1): Addison Sen. Dist. - Deleted Brandon and added Buel's Gore and Huntington.

Subdiv. (4): Chittenden Sen. Dist. - Deleted Buel's Gore and Huntington.

Subdiv. (5): Essex-Orleans Sen. Dist. - Deleted Eden and substituted "Warren Gore" for "Warren's Gore".

Subdiv. (6): Franklin Sen. Dist. - Substituted "Alburgh" for "Alburg" and "Enosburgh" for "Enosburg".

Subdiv. (8): Lamoille Sen. Dist. - Added Eden.

Subdiv. (10): Rutland Sen. Dist. - Added Brandon and deleted Mt. Holly.

Subdiv. (12): Windam Sen. Dist. - Deleted London.

Subdiv. (13): Windsor Sen. Dist. - Added Londonderry and Mt. Holly.

Amendments--2001 (Adj. Sess.) Subdiv. (2): Bennington Sen. Dist. - Deleted Whitingham and added Wilmington.

Subdiv. (3): Caledonia Sen. Dist. - Added Orange and Sheffield.

Subdiv. (5): Essex-Orleans Sen. Dist. - Added Eden and Montgomery and deleted Sheffield.

Subdiv. (6): Franklin Sen. Dist. - Added Alburg and deleted Montgomery.

Subdiv. (7): Grand Isle Sen. Dist. - Deleted Alburg.

Subdiv. (8): Lamoille Sen. Dist. - Deleted Eden.

Subdiv. (9): Orange Sen. Dist. - Deleted Orange.

Subdiv. (12): Windham Sen. Dist. - Deleted Wilmington and added Whitingham.

Amendments--1991 (Adj. Sess.). Subdiv. (2): Bennington Sen. Dist. - Added Whitingham.

Subdiv. (3): Caledonia Sen. Dist. - Added Fairlee and West Fairlee and deleted Sheffield and Wolcott.

Subdiv. (5): Essex-Orleans Sen. Dist. - Added Sheffield and Wolcott.

Subdiv. (9): Orange Sen. Dist. - Deleted Fairlee and West Fairlee.

Subdiv. (12): Windham Sen. Dist. - Deleted Whitingham.

Amendments--1981 (Adj. Sess.). Subdiv. (1): Addison sen. Dist. - Deleted Benson and Sudbury.

Subdiv. (2): Bennington Sen. Dist. - Deleted Whitingham.

Subdiv. (3): Caledonia Sen. Dist. - Added Newark and Wolcott and deleted West Fairlee and Woodbury.

Subdiv. (5): Essex-Orleans Sen. Dist. - Added Craftsbury and deleted Newark.

Subdiv. (6): Franklin Sen. Dist. - Added Georgia.

Subdiv. (7): Grand Isle Sen. Dist. - Deleted Georgia.

Subdiv. (8): Lamoille Sen. Dist. - Deleted Craftsbury and Wolcott.

Subdiv. (9): Orange Sen. Dist. - Added West Fairlee.

Subdiv. (10): Rutland Sen. Dist. - Added Benson and Sudbury.

Subdiv. (11): Washington Sen. Dist. - Added Woodbury.

Subdiv. (12): Windham Sen. Dist. - Added Grafton and Whitingham.

Subdiv. (13): Windsor Sen. Dist. - Deleted Grafton.

Amendments--1973. Section amended generally.

Amendments--1971 (Adj. Sess.). Substituted "Chittenden, six" for "chittenden and Grand Isle combined, six" and "Franklin and Grand Isle combined, two" for "Franklin, two".

Amendments--1965. Substituted "Chittenden and Grand Isle combined, six" for "Chittenden, five" and "Essex and Orleans combined, two" for "Essex, one" and deleted "Grand Isle, one" following "Franklin, two" and "Orleans, two" following "Orange, one".

1965, No. 96 , §§ 2-4 contained alternative provisions to be employed in the event that § 1, which amended this section, was declared unconstitutional.

Amendments--1962. Substituted "Chittenden, five" for "Chittenden, four" and "Rutland, four" for "Rutland, three".

Effective date of amendments--2011 (Adj. Sess.). 2011, No. 93 (Adj. Sess.), § 5, eff. May 1, 2012, provided: "This act shall take effect on passage and shall apply to . . . senatorial districts for the 2012 election cycle and thereafter."

Effective date of amendments--1981 (Adj. Sess.). 1981, No. 131 (Adj. Sess.), § 2, provided: "This act (which amended this section) shall take effect July 1, 1982 except that senators holding office on that date, or their successors in the event of a vacancy, shall remain in office until the expiration of the term to which they were elected."

Effective date of amendments--1973. 1973, No. 80 , § 2, provided: "This act (which amended this section) shall take effect June 1, 1973, except that senators holding office on the effective date of this act, or their successors in the event of a vacancy, shall remain in office until the expiration of the term to which they were elected."

Effect of 1991 (Adj. Sess.) amendment on incumbent senators. Act 1991, No. 217 (Adj. Sess.), § 3, eff. May 22, 1992, provided in part that senators holding office as of May 22, 1992, or their successors in the event of a vacancy, shall remain in office until the expiration of the term to which they were elected.

Expiration date of 1962 amendment. Section 3 of 1962, No. 5 (Sp. Sess.), as amended by 1963, No. 197 , § 2, provided that the act, section 1 of which amended this section, was to expire midnight December 31, 1965. Prior to amendment, the expiration date was December 31, 1963.

ANNOTATIONS

1. Constitutional law.

The Equal Protection Clause permits use either of total residents or of registered voters as the basis of apportionment of the Senate and House of Representatives. Buckley v. Hoff, 243 F. Supp. 873 (D. Vt. 1965).

Multimember legislative districts, as established in the Senate and the House, are permissible under the Equal Protection Clause. Buckley v. Hoff, 243 F. Supp. 873 (D. Vt. 1965).

Cited. Mikell v. Rousseau, 123 Vt. 139, 183 A.2d 817 (1962); Buckley v. Hoff, 234 F. Supp. 191 (D. Vt. 1964); Hutchinson v. Cooley, 125 Vt. 303, 214 A.2d 828 (1965); Smith v. Buraczynski, 125 Vt. 310, 214 A.2d 826 (1965).

§ 1881a. Senatorial districts; nominations and election.

The laws relating to the election of Senators in single counties shall apply in senatorial districts except as their application may be inconsistent with this section or the structure of those districts.
In senatorial districts, the senatorial district clerk shall be the county clerk for those towns within the district aggregating the largest population.
1. Petitions for nominating candidates for Senator in the General Assembly by primary or by certificates of nomination of candidates for that office by convention, caucus, committee, or voters under chapter 49 of this title may be filed in the office of any county clerk in a senatorial district. (c) (1) Petitions for nominating candidates for Senator in the General Assembly by primary or by certificates of nomination of candidates for that office by convention, caucus, committee, or voters under chapter 49 of this title may be filed in the office of any county clerk in a senatorial district.
2. 1. On the day after the last day for filing those petitions or certificates for that office, the other county clerk shall notify the senatorial district clerk of the facts concerning those petitions or certificates. (2) (A) On the day after the last day for filing those petitions or certificates for that office, the other county clerk shall notify the senatorial district clerk of the facts concerning those petitions or certificates.
  2. The senatorial district clerk shall be responsible for determining the names of candidates and other facts required by law to appear on the ballot for the office of Senator and for obtaining and distributing the ballots to the other clerks in the district.
The clerk of the less populous county in a senatorial district shall report the results of voting in his or her county immediately after they are determined to the senatorial district clerk, who shall issue the certificates of nomination or election required by law as to the office of Senator.
The canvassing of votes in a senatorial district shall be done in each county in the district as in the case of single counties, but the clerk of the less populous county in a senatorial district shall send a copy of the appropriate certificate to the clerk of the senatorial district who shall issue necessary certificates for the senatorial district.
Added 1965, No. 187 , § 2; amended 1975, No. 189 (Adj. Sess.), § 15; 2013, No. 161 (Adj. Sess.), § 69; 2019, No. 67 , § 2.

History

Amendments--2019. Subsec. (c): Added the subdiv. (1) and (2) designations, and deleted the last sentence in subdiv. (c)(2)(B).

Amendments--2013 (Adj. Sess.). Subsec. (c): Substituted "or by" for "under chapter 9 of this title or" following "by primary" and "chapter 49" for "chapter 11" following "or voters under", and inserted a comma following "committee".

Amendments--1975 (Adj. Sess.). Subsec. (b): Amended generally.

Cross References

Cross references. Place of filing primary petitions, see § 2357 of this title.

ANNOTATIONS

1. Separate ballots.

It is clear that the Legislature intended separate ballots only for county senators in combined counties. 1964-66 Op. Atty. Gen. 179. But see § 2362 of this title.

It would appear that Senators elected in those counties that are not combined should be included on the ballot for other county officers. 1964-66 Op. Atty. Gen. 179.

CHAPTER 34. APPORTIONMENT OF STATE REPRESENTATIVES

Sec.

History

Citation of chapter. 1965, No. 98 , § 1, provided: "This act [adding this chapter] shall be known as the 'Reapportionment Compliance Act'."

Cross References

Cross references. Apportionment of State Senators, see chapter 33 of this title.

Periodic reapportionment, see chapter 34A of this title.

§ 1891. Statement of policy.

The order of the U.S. District Court for the district of Vermont entered August 3, 1964, modified and affirmed by the Supreme Court of the United States, January 12, 1965 ( Parsons v. Buckley, 85 S. Ct. 503, 379 U.S. 359, 13 L. Ed. 2d 352) requires that both houses of the General Assembly of Vermont be apportioned and districted on a basis other than the manner provided for in the Constitution of this State. Such order further provides that if reapportionment legislation is not enacted by July 1, 1965, the district court shall reapportion the General Assembly so as to comply with the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. In the light of this order, the General Assembly of Vermont declares that apportioning and districting is primarily a responsibility of the Legislature at this time to be accomplished by this chapter, and in such a manner as to achieve substantial equality in the choice of members of the General Assembly as guaranteed by the Constitution of the United States of America. It is further declared to be the policy of the State of Vermont that the constitutional basis of apportionment of the House of Representatives can best be measured in this State by population.

Added 1965, No. 98 , § 2; amended 1981, No. 30 , § 1, eff. April 16, 1981.

History

Amendments--1981. Substituted "population" for "numbers of voters, thus adjusting for inequities resulting from the presence in several towns and cities of substantial numbers of persons in custodial care, prisoners and students and servicemen from out of state" in the last sentence.

ANNOTATIONS

Cited. Hutchinson v. Cooley, 125 Vt. 303, 214 A.2d 828 (1965); Smith v. Buraczynski, 125 Vt. 310, 214 A.2d 826 (1965).

§ 1891a. Definitions.

As used in this chapter and in chapter 34A of this title:

"Initial district" or "district" means a district created by law in the final plan enacted pursuant to section 1906 of this title and listed in section 1893 of this title.
"Representative district" means a district from which one or two Representatives are elected.
Added 1965, No. 187 , § 3; amended 1973, No. 210 (Adj. Sess.), § 3, eff. date, see note set out below; 1981, No. 30 , § 6, eff. April 16, 1981, and shall apply to the 1981-82 reapportionment; 1981, No. 239 (Adj. Sess.), § 7; 1991, No. 116 (Adj. Sess.), § 1, eff. Feb. 13, 1992.

History

Amendments--1991 (Adj. Sess.). Section amended generally.

Amendments--1981 (Adj. Sess.). Subsec. (e): Substituted "section 2501" for "section 961."

Amendments--1981. Subsec. (c): Substituted "population" for "number of legal voters" in the first sentence.

Amendments--1973 (Adj. Sess.). Section amended generally.

Effective date of amendments--1973. 1973, No. 210 (Adj. Sess.), § 11, eff. April 3, 1974, provided: "This act ( 1973, No. 210 (Adj Sess.)) shall take effect from passage (April 3, 1974), except that representatives holding office on the effective date of this act, or their successors in the event of a vacancy, shall remain in office until the expiration of the term to which they were elected."

Cross References

Cross references. Place of filing primary petitions, see § 2357 of this title.

§ 1892. House of Representatives membership.

The House of Representatives shall consist of 150 members, each of whom shall be elected from a district established by law. No person shall be elected a Representative until he or she has resided in this State two years, the last of which shall be in the district for which he or she is elected.

Added 1965, No. 98 , § 3.

Cross References

Cross references. Number of State Representatives to be elected, see Vt. Const. Ch. II, § 13.

ANNOTATIONS

Analysis

1. Residence.
- - Generally.
- - Within district.

1. Residence .

While the word "residence" is generally considered to mean a person's domicile or the place where he is physically present with an intent to have it as his home, mere declarations by a person do not control on this question if his physical actions are contrary to such declarations. 1964-66 Op. Atty. Gen. 298.

*2. Within district.

Under the provisions of this section requiring that, in order to be eligible for the office of Representative to the General Assembly, a person must have resided in this State for two years, the last of which shall be in the district for which he is elected, the word "district" includes, within its terms, the new districts or subdivisions created by the apportionment board, as well as those districts set up by statute. 1964-66 Op. Atty. Gen. 297.

§ 1893. Initial division.

The State is divided into the following initial districts, each of which shall be entitled to the indicated number of Representatives:

District Towns and Cities Representatives ADDISON-1 Middlebury ..................................... 2 ADDISON-2 Cornwall, Goshen, Hancock, Leicester, Ripton, and Salisbury ............................... 1 ADDISON-3 Addison, Ferrisburgh, Panton, Vergennes, and Waltham ......................................... 2 ADDISON-4 Bristol Lincoln, Monkton, and Starksboro ..................................................... 2 ADDISON-5 Bridport, New Haven, and Weybridge ............. 1 ADDISON- RUTLAND Benson, Orwell, Shoreham, and Whit- ing ............................................................ 1 BENNINGTON-1 Pownal and Woodford ........................ 1 BENNINGTON- 2-1 That portion of the town of Bennington not included in BENNINGTON-2-2 ................................................. 2 BENNINGTON- 2-2 That portion of the town of Bennington encompassed within a boundary beginning at the point where the boundary line of Bennington and Pownal intersects with VT Route 7; then northerly along the eastern side of the center- line of VT 7 to the intersection of Monument Avenue; then northerly along the eastern side of the center- line of Monument Avenue to the in- tersection of Dewey Street; then northerly along the eastern side of centerline of Dewey Street to the intersection of West Main Street; then southeasterly on the southern side of the centerline of West Main Street to the intersection of North Street; then northerly along the eastern side of the centerline of North Street to the intersection of County Street; then easterly along the southern side of the centerline of County Street to the intersection of Park Street; then northerly along the eastern side of the centerline of Park Street to the intersection with Roaring Branch River; then easterly along the center- line of the river to the intersection with VT Route 9; then easterly along the southern side of the centerline of of VT 9 to the boundary of the town of Woodford; then southerly along the Woodford town line to the boundary of the town of Pownal; then westerly long the Pownal town line to the point of beginning ............................................. 2 BENNINGTON-3 Glastenbury, Shaftsbury, and that portion of the town of Sunderland en- compassed within a boundary beginning at the point where the boundary line of Sunderland and Glastenbury inter- sects with VT Route 7; then northerly along the eastern side of the center- line of VT 7 to the intersection of North Road; then northerly along the eastern side of the centerline of North Road to the intersection of Borough Road; then northerly along the eastern side of the centerline of Borough Road to the intersection of Sunderland Hill Road; then north- easterly along the southern side of the centerline of Sunderland Hill Road to the boundary of the town of Manchester; then easterly along the Manchester town line to the boundary of the town of Winhall; then easterly along the Winhall town line to the boundary of the town of Stratton; then southerly along the Stratton town line to the boundary of Glastenbury; then westerly along the Glastenbury town line to the point of beginning ............................................. 1 BENNINGTON-4 Arlington, Manchester, Sandgate, and that portion of the town of Sunder- land not in BENNINGTON-3 ....................................... 2 BENNINGTON- RUTLAND Danby, Dorset, Landgrove, Mount Tabor, and Peru ................................................ 1 CALEDONIA-1 Barnet, Ryegate, and Waterford ............... 1 CALEDONIA-2 Hardwick, Stannard, and Walden ............... 1 CALEDONIA-3 St. Johnsbury ................................ 2 CALEDONIA-4 Burke, Lyndon, and Sutton .................... 2 CALEDONIA- WASHINGTON Cabot, Danville, and Peacham ................. 1 CHITTENDEN-1 Richmond .................................... 1 CHITTENDEN-2 Williston ................................... 2 CHITTENDEN-3 Jericho and Underhill ....................... 2 CHITTENDEN- 4-1 Charlotte and that portion of the town of Hinesburg encompassed within a boundary beginning at the point where the boundary line of Hinesburg and Charlotte intersects with Drinkwater Road; then easterly along the southern side of the center- line of Drinkwater Road to the inter- section of Baldwin Road; then south- erly along the western side of the centerline of Baldwin Road to the boundary of the town of Monkton; then westerly along the Monkton town line to the boundary of Char- lotte; then northerly along the Charlotte town line to the point of beginning ................................................... 1 CHITTENDEN- 4-2 Hinesburg, except that portion of the town in CHITTENDEN-4-1 ......................................... 1 CHITTENDEN-5 Shelburne and St. George .................... 2 CHITTENDEN-6 Burlington and Winooski .................... 12 CHITTENDEN-7 South Burlington ............................ 4 CHITTENDEN- 8-1 That portion of the town of Essex not included in CHITTENDEN-8-2 or 8-3 .............................. 2 CHITTENDEN- 8-2 The village of Essex Junction, ex- cept that portion of the village en- compassed within a boundary begin- ning at the point where Pearl Street intersects with Warner Avenue; then northerly along the western side of the centerline of Warner Avenue to the intersection with Sunderland Brook; then northwesterly along the southern side of the centerline of Sunderland Brook to the intersection with Susie Wilson Road and Pearl Street; then southeasterly along the northern side of the centerline of Pearl Street to the point of beginning ......................... 2 CHITTENDEN- 8-3 Westford and that portion of the town of Essex encompassed within a boundary beginning at the point where the boundary line of Essex and the town of Colchester intersects with Curve Hill Road; then southeasterly along the northern side of the center- line of Curve Hill Road to the inter- section of Lost Nation Road; then southeasterly along the northern side of the centerline of Lost Nation Road to the intersection of Old Stage Road; then northerly along the western side of the centerline of Old Stage Road to the intersection of Towers Road; then southeasterly along the northern side of the centerline of Towers Road to the intersection of Brown's River Road; then easterly along the north- ern side of the centerline of Brown's River Road to the intersection of Weed Road; then easterly along the northern side of the centerline of Weed Road to the intersection of Jer- icho Road; then easterly along the northern side of the centerline of Jer- icho Road to the boundary of the town of Jericho; then northeasterly along the Jericho town line to the boundary of Westford; then westerly along the Westford town line to the boundary of Colchester; then south- westerly along the Colchester town line to the point of beginning ................................. 1 CHITTENDEN-9 Colchester .................................. 4 CHITTENDEN-10 Milton, except that portion of the town in GRAND ISLE- CHITTENDEN ..................................................... 2 ESSEX-CALE- DONIA Brunswick, Concord, Granby, Guild- hall, Kirby, Lunenburg, Maidstone, and Victory .................................................... 1 ESSEX-CALE- DONIA- ORLEANS Averill, Avery's Gore, Bloomfield, Brighton, Canaan, East Haven, Ferdinand, Lemington, Lewis, Newark, Norton, Warner's Grant, Warren Gore, and Westmore ...................................... 1 FRANKLIN-1 Georgia ....................................... 1 FRANKLIN-2 Fairfax ....................................... 1 FRANKLIN-3-1 St. Albans City and that portion of St. Albans Town encompassed within a boundary beginning at the eastern- most point where the boundary line of St. Albans City and St. Albans Town intersects with Vermont Route 36, then easterly along the southern side of the centerline of VT 36 to the intersection of Interstate 89; then southerly along the western side of the centerline of Interstate 89 to the boundary of the town of Fair- field; then southwesterly along the Fairfield town line to the point where the boundary lines of St. Albans Town, Fairfield, Fairfax, and Georgia meet; then northwesterly along the bound- ary of the town of Georgia to the in- tersection of Vermont Route 7; then northerly along the eastern side of the centerline of VT 7 to the point where the boundary line of St. Albans Town and St. Albans City meets at Parsons Avenue; then counterclock- wise along the boundary line of St. Albans Town and St. Albans City to the point of beginning ......................................... 2 FRANKLIN-3-2 St. Albans Town, except that portion of the town in FRANKLIN-3-1 .................................... 1 FRANKLIN-4 Sheldon and Swanton ........................... 2 FRANKLIN-5 Berkshire, Franklin, Highgate, and Richford ....................................................... 2 FRANKLIN-6 Bakersfield, Fairfield, and Fletcher .......... 1 FRANKLIN-7 Enosburgh and Montgomery ...................... 1 GRAND-ISLE- CHITTENDEN Alburgh, Grand Isle, Isle La Motte, North Hero, South Hero, and that portion of the town of Milton encom- passed within a boundary beginning at the mouth of the Lamoille River and Lake Champlain; then along the river upstream to the Interstate 89 bridge crossing the Lamoille River; then northerly along the centerline of Interstate 89 to the boundary of the town of Georgia; then along the Georgia town line to Lake Champlain; then southerly along the lakeshore to the point of beginning ...................................... 2 LAMOILLE-1 Stowe ......................................... 1 LAMOILLE-2 Belvidere, Hyde Park, Johnson, and Wolcott ........................................................ 2 LAMOILLE-3 Cambridge and Waterville ...................... 1 LAMOILLE- WASHINGTON Elmore, Morristown, Woodbury, and Worcester ...................................................... 2 ORANGE-1 Chelsea, Corinth, Orange, Vershire, Washington, and Williamstown ................................... 2 ORANGE-2 Bradford, Fairlee, and West Fairlee ............. 1 ORANGE- CALEDONIA Groton, Newbury, and Topsham .................. 1 ORANGE- WASHING- TON- ADDISON Braintree, Brookfield, Granville, Randolph, and Roxbury .......................................... 2 ORLEANS-1 Brownington, Charleston, Derby, Holland, and Morgan ............................................ 2 ORLEANS-2 Coventry, Irasburg, Newport City, Newport Town, and that portion of the town of Troy encompassed within a boundary beginning at the point where the boundary line of Troy and Newport Town intersects with the Canadian Pacific railway; then north- westerly along the southern side of the centerline of the railway to the intersection of VT Route 105; then northwesterly along the southern side of the centerline of VT 105 to the in- tersection of East Hill Road; then southerly along the eastern side of the centerline of East Hill Road to the intersection of VT Route 100; then westerly along the southern side of the centerline of VT 100 to the in- tersection with the Missisquoi River; then southwesterly along the eastern side of the centerline of the Missis- quoi River to the boundary of the town of Westfield; then southerly along the Westfield town line to the boundary of the town of Lowell; then easterly along the Lowell town line to the boundary of Newport Town; then northerly along the Newport Town boundary to the point of beginning ............................. 2 ORLEANS- CALEDONIA Albany, Barton, Craftsbury, Glover, Greensboro, Sheffield, and Wheelock ............................ 2 ORLEANS- LAMOILLE Eden, Jay, Lowell, Westfield, and that portion of the town of Troy not in ORLEANS-2 ................................................... 1 RUTLAND-1 Ira and Poultney ............................... 1 RUTLAND-2 Clarendon, Proctor, Wallingford, West Rutland, and that portion of the town of Tinmouth encompassed within a boundary beginning at the point where the boundary line of Tinmouth and Danby intersects with East Road; then northerly along the eastern side of the centerline of East Road and then continuing along the eastern side of the centerline of North East Road to the boundary of Clarendon; then easterly along the Clarendon town line to the boundary of Wallingford; then southerly along the Wallingford town line to the boundary of Danby; then westerly along the Danby town line to the point of beginning ................................. 2 RUTLAND-3 Castleton, Fair Haven, Hubbardton, and West Haven ................................................. 2 RUTLAND-4 Rutland Town ................................... 1 RUTLAND-5-1 That portion of the City of Rutland encompassed within a boundary be- ginning at the point where the bound- ary line of Rutland City and Rutland Town intersects with Lincoln Avenue; then southerly along the eastern side of the centerline of Lincoln Avenue to the intersection of West Street; then easterly along the northern side of the centerline of West Street across North Main Street; then easterly along the northern side of the center- line of Terrill Street to the intersec- tion of Lafayette Street; then southerly along the east side of the centerline of Lafayette Street to the intersection of Easterly Avenue; then easterly along the northern side of Easterly Avenue to the intersection of Piedmont Drive; then easterly along the northern side of the centerline of Piedmont Drive to the intersection of Piedmont Parkway; then easterly along the northern side of the center- line of Piedmont Parkway to the in- tersection of Stratton Road; then southerly along the eastern side of the centerline of Stratton Road to the intersection of Killington Avenue; then easterly along the northern side of the centerline of Killington Avenue, including both sides of Grandview Terrace, to the boundary between Rutland City and Rutland Town; then northerly along the boundary line to its intersection with Gleason Road; then westerly along the southern side of the centerline of Gleason Road to Woodstock Avenue; then following the boundary line back to the point of beginning ...................................................... 1 RUTLAND-5-2 That portion of the City of Rutland encompassed within a boundary be- ginning at the southernmost point where the boundary line of Rutland City and Rutland Town intersects with South Main Street; then north- erly along the eastern side of the cen- terline of South Main Street to the intersection of Strongs Avenue; then northwesterly along the eastern side of the centerline of Strongs Avenue to the intersection of Prospect Street; then northerly along the eastern side of the centerline of Prospect Street to the intersection of Washington Street; then easterly along the southern side of the centerline of Washington Street to the intersection of Court Street; then northerly along the east- ern side of the centerline of Court Street to the intersection of West Street; then easterly along the south- ern side of the centerline of West Street to the intersection of South Main Street; then east across South Main Street along the southern side of the centerline of Terrill Street to the intersection of Lafayette Street; then southerly along the western side of the centerline of Lafayette Street to the intersection of Easterly Ave- nue; then easterly along the southern side of the centerline of Easterly Ave- nue to the intersection of Piedmont Drive; then easterly along the south- ern side of the centerline of Piedmont Drive to the intersection of Piedmont Parkway; then easterly along the southern side of the centerline of Piedmont Parkway to the intersection of Stratton Road; then southerly along the western side of the center- line of Stratton Road to the intersec- tion of Killington Avenue; then east- erly along the southern side of the centerline of Killington Avenue to the boundary of Rutland City and Rut- land Town; then southerly along the city line to the intersection of the city line and South Main Street to the point of beginning ............................................. 1 RUTLAND-5-3 That portion of the City of Rutland encompassed within a boundary be- ginning at the point where the bound- ary line of Rutland City and Rutland Town intersects with South Main Street; then northerly along the west- ern side of the centerline of South Main Street to the intersection of Strongs Avenue; then northwesterly along the western side of the center- line of Strongs Avenue to the inter- section of Prospect Street; then northerly along the western side of the centerline of Prospect Street to the intersection of Washington Street; then easterly along the north- ern side of the centerline of Washing- ton Street to the intersection of Court Street; then northerly along the west- ern side of the centerline of Court Street to the intersection of West Street; then easterly along the north- ern side of the centerline of West Street to the intersection of Lincoln Avenue; then northerly along the western side of the centerline of Lin- coln Avenue to the intersection of Wil- liams Street; then westerly along the southern side of the centerline of Wil- liams Street to the intersection of Grove Street; then northerly along the western side of the centerline of Grove Street to the intersection of Maple Street; then westerly along the southern side of the centerline of Ma- ple Street to the intersection of Pine Street; then southerly along the east- ern side of the centerline of Pine Street to the intersection of Robbins Street; then westerly along the south- ern side of the centerline of Robbins Street to the intersection of Baxter Street; then southerly along the east- ern side of the centerline of Baxter Street to the intersection of State Street; then westerly along the south- ern side of the centerline of State Street to the intersection of Cramton Avenue; then southerly along the eastern side of the centerline of Cramton Avenue to the intersection of West Street; then westerly along the southern side of the centerline of West Street to the intersection of Ripley Road; then southerly along the bound- ary of the Rutland City-Rutland Town line to the intersection of the city line and South Main Street; then to the point of beginning ................................. 1 RUTLAND-5-4 That portion of the City of Rutland not located within the boundaries of RUTLAND-5-1, 5-2, or 5-3 ....................................... 1 RUTLAND-6 Brandon, Pittsford, and Sudbury ................ 2 RUTLAND- BENNINGTON Middletown Springs, Pawlet, Rupert, Wells, and that portion of the town of Tinmouth not in RUTLAND-2 ...................................... 1 RUTLAND- WINDSOR-1 Bridgewater, Chittenden, Killington, and Mendon ..................................................... 1 RUTLAND- WINDSOR-2 Ludlow, Mount Holly, and Shrewsbury ........... 1 WASHINGTON-1 Berlin and Northfield ....................... 2 WASHINGTON-2 Barre Town .................................. 2 WASHINGTON-3 Barre City .................................. 2 WASHINGTON-4 Montpelier .................................. 2 WASHINGTON-5 East Montpelier and Middlesex ............... 1 WASHINGTON-6 Calais, Marshfield, and Plainfield .......... 1 WASHINGTON-7 Duxbury, Fayston, Moretown, Waitsfield, and Warren ......................................... 2 WASHINGTON- CHITTENDEN Bolton, Buel's Gore, Huntington, and Waterbury ...................................................... 2 WINDHAM-1 Guilford and Vernon ........................... 1 WINDHAM-2-1 That portion of the town of Brattleboro encompassed within a boundary beginning at the point where the boundary line of Brattleboro and the town of Dummerston intersects with Upper Dummerston Road; then southerly along the western side of the center- line of Upper Dummerston Road to the intersection of East Orchard Street; then southerly along the west- ern side of the centerline of East Orchard Street to the intersection of Orchard Street; then southerly along the western side of the centerline of Orchard Street to the intersection of VT Route 9; then westerly along the northern side of the centerline of VT 9 to the intersection of Guilford Street; then southerly along the west- ern side of the centerline of Guilford Street to where the Whetstone Brook crosses; then easterly along the southern side of the centerline of the Whetstone Brook to the intersection with Interstate 91; then southerly along the western side of the center- line of Interstate 91 to the boundary of the town of Guilford; then westerly along the town line of Guilford to the boundary of the town of Marlboro; then northerly along the town line of Marlboro to the boundary of Dummerston; then easterly along the town line of Dummerston to the point of beginning ............................................. 1 WINDHAM-2-2 That portion of the Town of Brattleboro to the south of a bound- ary beginning at the Connecticut River at the Whetstone Brook; then westerly along the southern side of the centerline of the Whetstone Brook to the intersection with Elm Street; then northerly along the western side of the centerline of Elm Street to the intersection of Frost Street; then westerly along the southern side of the centerline of Frost Street to Wil- liams Street; then along the southern side of the centerline of Williams Street to Brannan Street; then southerly along the eastern side of the centerline of Brannan Street to the intersection of West Street; then westerly along the southern side of the centerline of West Street to the intersection of Strand Avenue; then southerly along the eastern side of the centerline of Strand Avenue to the intersection of Williams Street; then westerly along the southern side of the centerline of Williams Street past Lamson Street to where the Whetstone Brook crosses; then west- erly along the southern side of the centerline of the Whetstone Brook to the intersection with Interstate 91; then southerly along the eastern side of the centerline of Interstate 91 to the boundary of the town of Guilford; then easterly along the town line of Guilford to the intersection with the Connecticut River; then northerly along the Connecticut River to the point of beginning ............................................. 1 WINDHAM-2-3 That portion of the town of Brattleboro not located in WIND- HAM-2-1 or 2-2 ................................................. 1 WINDHAM-3 Athens, Brookline, Grafton, Rocking- ham, Windham, and that part of Westminster encompassed within a boundary beginning at the intersec- tion of the Rockingham town line with Interstate 91; then southeasterly along the centerline of Interstate 91 to the intersection with the Saxtons River; then easterly along the center- line of the Saxtons River to the inter- section with Saxtons River Road (VT 121); then southeasterly along the centerline of Saxtons River Road to the intersection of Church Avenue; then easterly along the centerline of Church Avenue to the intersection of Saxtons River Road; then northerly along the centerline of Saxtons River Road to the intersection of Forest Road; then southerly along the cen- terline of Forest Road to the intersec- tion with the Saxtons River; then northeasterly along the centerline of the Saxtons River to the intersection with the Connecticut River ..................................... 2 WINDHAM-4 Dummerston, Putney, and that part of Westminster not in WINDHAM-3 ................................ 2 WINDHAM-5 Marlboro, Newfane, and Townshend ............... 1 WINDHAM-6 Halifax, Wilmington, and that portion of the town of Whitingham not in WINDHAM-BENNINGTON........................................... 1 WINDHAM- BENNINGTON Dover, Readsboro, Searsburg, Somer- set, Stamford, Wardsboro, and that portion of the town of Whitingham encompassed within a boundary be- ginning at the point where the bound- ary line of Whitingham and Readsboro intersects with VT Route 100; then southerly along the Readsboro town line to the boundary of the state of Massachusetts; then easterly along the Massachusetts state line to the intersection of Kentfield Road; then northerly along the western side of the centerline of Kentfield Road to the intersection with the Nog Brook; then northerly along the western side of the center- line of Nog Brook to the intersection with VT 100; then southerly along the eastern side and westerly along the southern side of the centerline of VT 100 to the point of beginning .................................. 1 WINDHAM- BENNINGTON- WINDSOR Jamaica, Londonderry, Stratton, Wes- ton, and Winhall ............................................... 1 WINDSOR-1 Hartland, West Windsor, and Windsor ............ 2 WINDSOR-2 Cavendish and Weathersfield .................... 1 WINDSOR-3-1 Andover, Baltimore, Chester, and that portion of the town of Springfield encompassed within a boundary be- ginning at the point where the boundary line of Springfield and Chester inter- sects with Route 10; then easterly along the southern side of the center- line of Route 10 to the intersection of Cemetery Road; then easterly along the southern side of the centerline of Cemetery Road to the intersection of School Street; then southerly on the western side of the centerline of School Street to the intersection of Main Street; then easterly on the southern side of the centerline of Main Street to the intersection of Church Street; then southerly along the western side of the centerline of Church Street to the intersection of Spoonerville Road; then southerly along the western side of the center- line of Spoonerville Road to the boundary line of Chester; then north- erly along the Chester town line to the point of beginning ......................................... 1 WINDSOR-3-2 That portion of the town of Spring- field not in WINDSOR-3-1 ....................................... 2 WINDSOR-4-1 Barnard, Pomfret, and that portion of the town of Hartford encompassed within a boundary beginning at the point where the boundary line of Hartford and the town of Norwich intersects with Newton Lane; then southerly along the western side of the centerline of Newton Lane to the intersection of Jericho Street; then westerly along the northern side of the centerline of Jericho Street to the intersection of Dothan Road; then southerly along the western side of the centerline of Dothan Road to the intersection of VT Route 14; then westerly along the northern side of the centerline of VT Route 14 to the intersection of the centerline of Run- nels Road and VT Route 14; then at a right angle to a utility pole marked 137T/6 ET&T/3>/136MP Corp/156/ 40030 on the south edge of Route 14; then southerly in a straight line across the White River to the junction of Old River Road and the beginning of Costello Road; then southerly and easterly along the centerline of Cos- tello Road to its end on U.S. Route 4; then westerly along the northern side of the centerline of U.S. Route 4 to the boundary of the town of Hartland; then westerly and northerly along the town line of Hartland to the boundary of Pomfret; then northeasterly along the town line of Pomfret to the boundary of Norwich; then southeasterly along the town line of Norwich to the point of beginning ............................................. 1 WINDSOR-4-2 That portion of the town of Hartford not located in WINDSOR-4-1 ..................................... 2 WINDSOR-5 Plymouth, Reading, and Woodstock ............... 1 WINDSOR- ORANGE-1 Royalton and Tunbridge ......................... 1 WINDSOR- ORANGE-2 Norwich, Sharon, Strafford, and Thetford ....................................................... 2 WINDSOR- RUTLAND Bethel, Pittsfield, Rochester, and Stockbridge .................................................... 1

Added 1965, No. 98 , § 4; amended 1973, No. 210 (Adj. Sess.), § 4, eff. April 3, 1974; 1981, No. 129 (Adj. Sess.), § 3, eff. March 3, 1982, see note set out below; 1991, No. 116 (Adj. Sess.), § 2, eff. Feb. 13, 1992; 1991, No. 147 (Adj. Sess.), § 2, eff. April 25, 1992; 2001, No. 85 (Adj. Sess.), § 1, eff. May 3, 2002; 2001, No. 151 (Adj. Sess.), §§ 55-57, eff. June 27, 2002; 2011, No. 74 (Adj. Sess.), § 1, eff. Feb. 28, 2012; 2011, No. 93 (Adj. Sess.), § 1, eff. May 1, 2012.

History

2012. Reordered RUTLAND-BENNINGTON district to follow RUTLAND-6 district to place it in the correct alphabetical order.

Amendments--2011 (Adj. Sess.) Section amended generally.

Amendments--2001 (Adj. Sess.). Section amended generally.

Amendments--1991 (Adj. Sess.). Act No. 116 amended the section generally.

Act No. 147 rewrote the entries for Franklin-Grand Isle-1 and Windham-2 and added entries for Grand Isle-1 and Windham-5.

Amendments--1981 (Adj. Sess.). Section amended generally.

Amendments--1973 (Adj. Sess.). Section amended generally.

Effective date of amendments--2011 (Adj. Sess.). 2011, No. 93 (Adj. Sess.), § 3, eff. May 1, 2012, provided: "This act shall take effect on passage and shall apply to representative . . . districts for the 2012 election cycle and thereafter."

Effective date of amendments--2001 (Adj. Sess.). 2001, No. 85 (Adj. Sess.), § 2, eff. May 3, 2002, provided: "This act shall take effect from passage, and apply to representative districts for the 2002 election cycle and thereafter."

Effective date of amendments--1981 (Adj. Sess.). 1981, No. 129 (Adj. Sess.), § 5, eff. March 23, 1982, provided: "This act (which amended this section and sections 1895 and 1906(c) of this title) shall take effect from passage (March 23, 1982) except that representatives holding office on that date, or their successors in the event of a vacancy, shall remain in office until the expiration of the term to which they were elected."

District boundary lines. 1991, No. 147 (Adj. Sess.), § 5, eff. April 25, 1992, provided: "Unless stated otherwise in any district where a highway, railroad track or waterway is the boundary, the center of the highway, railroad track or waterway shall be considered the dividing line between representative districts."

Initial division by 2001 (Adj. Sess.). 2001, No. 85 (Adj. Sess.), § 1 as amended by 2001, No. 151 (Adj. Sess.), §§ 55-57, provided:

"The state is divided into the following initial districts, each of which shall be entitled to the indicated number of representatives:

"ADDISON-1

"Middlebury 2

"ADDISON-2

"Cornwall, Goshen, Hancock, Leicester, Ripton and Salisbury 1

"ADDISON-3

"Addison, Ferrisburgh, Panton, Vergennes and Waltham 2

"ADDISON-4

"Bristol Lincoln, Monkton and Starksboro 2

"ADDISON-5

"Bridport, New Haven and Weybridge 1

"ADDISON-RUTLAND-1

"Orwell, Shoreham, Whiting and Benson 1

"BENNINGTON-1

"Pownal and Woodford 1

"BENNINGTON-2

"Bennington 4

"BENNINGTON-3

"Glastenbury and Shaftsbury 1

"BENNINGTON-4

"Manchester 1

"BENNINGTON-5

"Arlington, Sandgate, Sunderland, and that part of Rupert encompassed

within a boundary beginning at the intersection of the New York state

line with VT 153; then northeasterly along the centerline of VT 153

to the intersection with East Street; then easterly along the center-

line of East Street to the intersection with Kent Hollow Road; then

southerly along the centerline of Kent Hollow Road to the Sandgate

town line. 1

"BENNINGTON-RUTLAND-1

"Dorset, Landgrove, Peru, Danby and Mount Tabor 1

"CALEDONIA-1

"Barnet, Ryegate and Waterford 1

"CALEDONIA-2

"Hardwick, Stannard and Walden 1

"CALEDONIA-3

"St. Johnsbury 2

"CALEDONIA-4

"Burke, Lyndon and Sutton 2

"CALEDONIA-WASHINGTON-1

"Danville, Peacham and Cabot 1

"CHITTENDEN-1

"Charlotte and Hinesburg 2

"CHITTENDEN-2

"Williston 2

"CHITTENDEN-3

"Burlington, South Burlington and Winooski 15

"CHITTENDEN-4

"Richmond 1

"CHITTENDEN-5

"Shelburne and St. George 2

"CHITTENDEN-6

"Essex and Westford 5

"CHITTENDEN-7

"Colchester 4

"CHITTENDEN-8

"Jericho, Underhill and Bolton 2

"ESSEX-CALEDONIA

"Kirby, Bloomfield, Brunswick, Concord, Granby, Guildhall, Lunenburg,

Maidstone and Victory 1

"ESSEX-CALEDONIA-ORLEANS

"Newark, Averill, Avery's Gore, Brighton, Canaan, East Haven,

Ferdinand, Lemington, Lewis, Norton, Warner's Grant, Warren's

Gore and Westmore 1

"FRANKLIN-1

"Fairfax and Georgia 2

"FRANKLIN-2

"Fairfield, Fletcher and St. Albans Town 2

"FRANKLIN-3

"St. Albans City 2

"FRANKLIN-4

"Bakersfield and Enosburg 1

"FRANKLIN-5

"Sheldon and Swanton 2

"FRANKLIN-6

"Berkshire, Franklin, Highgate and Richford 2

"GRAND ISLE-CHITTENDEN-1

"Alburg, Grand Isle, Isle La Motte, North Hero, South Hero and Milton 4

"LAMOILLE-1

"Stowe 1

"LAMOILLE-2

"Hyde Park and Wolcott 1

"LAMOILLE-3

"Eden and Johnson 1

"LAMOILLE-4

"Belvidere, Cambridge and Waterville 1

"LAMOILLE-WASHINGTON-1

"Elmore, Morristown, Woodbury and Worcester 2

"ORANGE-1

"Chelsea, Corinth, Orange, Vershire, Washington and Williamstown 2

"ORANGE-2

"Bradford, Fairlee and West Fairlee 1

"ORANGE-ADDISON-1

"Braintree, Brookfield, Randolph and Granville 2

"ORANGE-CALEDONIA-1

"Groton, Newbury and Topsham 1

"ORLEANS-1

"Brownington, Charleston, Derby, Holland and Morgan 2

"ORLEANS-2

"Coventry, Irasburg, Newport City and Newport Town 2

"ORLEANS-CALEDONIA-1

"Sheffield, Wheelock, Albany, Barton, Craftsbury, Glover and Greensboro 2

"ORLEANS-FRANKLIN-1

"Jay, Lowell, Troy, Westfield and Montgomery 1

"RUTLAND-1

"Clarendon, Ira, Poultney, Proctor and West Rutland 3

"RUTLAND-2

"Castleton, Fair Haven, Hubbardton and West Haven 2

"RUTLAND-3

"Shrewsbury, Tinmouth and Wallingford 1

"RUTLAND-4

"Rutland Town 1

"RUTLAND-5

"Rutland City 4

"RUTLAND-6

"Pittsford and Sudbury 1

RUTLAND-7

Brandon 1

"RUTLAND-8

"Middletown Springs, Pawlet, Wells and that part of Rupert not in

BENNINGTON-5 1

"RUTLAND-WINDSOR-1

"Chittenden, Killington, Mendon and Bridgewater 1

"WASHINGTON-1

"Fayston, Waitsfield and Warren 1

"WASHINGTON-2

"Moretown, Northfield and Roxbury 2

"WASHINGTON-3

"Barre City and Berlin 3

"WASHINGTON-4

"Barre Town 2

"WASHINGTON-5

"Montpelier 2

"WASHINGTON-6

"Calais, Marshfield and Plainfield 1

"WASHINGTON-7

"East Montpelier and Middlesex 1

"WASHINGTON-CHITTENDEN-1

"Waterbury, Duxbury, Buel's Gore and Huntington 2

"WINDHAM-1

"Guilford and Vernon 1

"WINDHAM-2

"Halifax, Whitingham and Wilmington 1

"WINDHAM-3

"Brattleboro 3

"WINDHAM-4

"Athens, Brookline, Grafton, Rockingham, Windham plus that part of

Westminster encompassed within a boundary beginning at the intersection

of the Rockingham town line with Interstate 91; then southeasterly

along the centerline of Interstate 91 to the intersection with the Saxtons

River; then easterly along the centerline of the Saxtons River

until the intersection with Saxtons River Road (Vt 121);

then southeasterly along the centerline of Saxtons River Road until the

intersection with Church Avenue; this easterly along the centerline of Church

Avenue until the intersection with Saxtons River Road; then northerly

along the centerline of Saxtons River Road until the intersection of Forest Road;

then southerly along the centerline of Forest Road to the intersection with the Saxtons

River; then northeasterly along the centerline of the Saxtons River to

the intersection with the Connecticut River. 2

"WINDHAM-5

"Dummerston, Putney and that part of Westminster not in WINDHAM-4 2

"WINDHAM-6

"Marlboro, Newfane and Townshend 1

"WINDHAM-BENNINGTON-1

"Readsboro, Searsburg, Stamford, Dover, Somerset and Wardsboro 1

"WINDHAM-BENNINGTON-WINDSOR-1

"Winhall, Jamaica, Londonderry, Stratton and Weston 1

"WINDSOR-1

"Andover, Baltimore, Chester and Springfield 3

WINDSOR-2

"Cavendish and Weathersfield 1

"WINDSOR-3

"Windsor 1

"WINDSOR-4

"Hartland and West Windsor 1

"WINDSOR-5

"Reading and Woodstock 1

"WINDSOR-6

"Barnard, Hartford and Pomfret 3

"WINDSOR-ORANGE-1

"Royalton and Tunbridge 1

"WINDSOR-ORANGE-2

"Sharon, Stratford, Thetford and Norwich 2

"WINDSOR-RUTLAND-1

"Mount Holly, Ludlow and Plymouth 1

"WINDSOR-RUTLAND-2

"Pittsfield, Bethel, Rochester and Stockbridge 1"

ANNOTATIONS

1. Constitutional law.

The Equal Protection clause permits use either of total residents or of registered voters as basis of apportionment of the Senate and House of Representatives. Buckley v. Hoff, 243 F. Supp. 873 (D. Vt. 1965).

Multimember legislative districts, as established in the Senate and the House, are permissible under the Equal Protection Clause. Buckley v. Hoff, 243 F. Supp. 873 (D. Vt. 1965).

§ 1893a. Subdivision of initial districts.

The following initial House districts are subdivided into representative House districts, as designated and defined below, each of which shall be entitled to elect the indicated number of Representatives:

CHITTENDEN-5 is subdivided into the following districts:
1. CHITTENDEN-5-1. That portion of the town of Shelburne encompassed within a boundary beginning at the point where the boundary line of Shelburne and the town of Charlotte intersects with the shore of Lake Champlain; then northerly along the shore of Lake Champlain to the mouth of Munroe Brook, including all of the lake that is part of the town of Shelburne; then upstream along the western side of the centerline of Munroe Brook to the intersection with Spear Street; then southerly along the western side of the centerline of Spear Street to the boundary of Charlotte; then westerly along the Charlotte town line to the point of beginning ............ 1
2. CHITTENDEN-5-2. St. George and that portion of the town of Shelburne not in CHITTENDEN-5-1 ............ 1
CHITTENDEN-6 is subdivided into the following districts:
1. CHITTENDEN-6-1. That portion of the city of Burlington encompassed within a boundary beginning at the point where the northwestern property line of Leddy Park intersects with the shore of Lake Champlain; then northeasterly along the northern side of that property line and continuing from that property line in a straight line to the intersection of North Avenue; then southeasterly along the northeastern side of the centerline of North Avenue to the southern boundary of Farrington's Trailer Park; then northeasterly and then northwesterly along the boundary of Farrington's Trailer Park and the back property lines of property fronting Lopes Avenue to the northwest corner of the corner lot at the intersection of Lopes Avenue and Roseade Parkway, including all of the residences in Farrington's Trailer Park and on Poirier Place; then northeasterly along the back property lines between property fronting on Roseade Parkway and Arlington Court, including all the residences on Arlington Court; then turning northwesterly along the back property lines of property fronting Arlington Court to the intersection of the back property lines of property fronting Farrington Parkway on the southern side; then easterly along those back property lines to Farrington Parkway; then easterly along the northern side of the centerline of Farrington Parkway to the intersection of Ethan Allen Parkway; then northerly along the western side of the centerline of Ethan Allen Parkway to the intersection of VT Route 127; then northwesterly along the southern side of the centerline of VT 127 to the intersection of the boundary of the town of Colchester at the Heineberg Bridge over the Winooski River; then northerly and westerly along the Colchester town line to the intersection with Lake Champlain; then southerly along the shore of Lake Champlain to the point of
2. CHITTENDEN-6-2. That portion of the city of Burlington encompassed within a boundary beginning at the point where the northwestern property line of Leddy Park intersects with the shore of Lake Champlain; then northeasterly along the southern side of that property line and continuing from that property line in a straight line to the intersection of North Avenue; then southeasterly along the southwestern side of the centerline of North Avenue to the southern boundary of Farrington's Trailer Park; then northeasterly and then northwesterly along the boundary of Farrington's Trailer Park and the back property lines of property fronting Lopes Avenue to the northwest corner of the corner lot at the intersection of Lopes Avenue and Roseade Parkway, including all the residences on Lopes Avenue and Blondin Circle; then northeasterly along the back property lines between property fronting on Roseade Parkway and Arlington Court, including all the residences on Roseade Parkway; then turning northwesterly along the back property lines of property fronting Arlington Court to the intersection of the back property lines of property fronting Farrington Parkway on the southern side; then easterly along those back property lines to Farrington Parkway; then easterly along the southern side of the centerline of Farrington Parkway to the intersection of Ethan Allen Parkway, including all units at 282 Ethan Allen Parkway; then northerly along the eastern side of the centerline of Ethan Allen Parkway to the intersection of VT Route 127; then northwesterly along the northern side of the centerline of VT 127 to the intersection of the boundary of the town of Colchester at the Heineberg Bridge over the Winooski River; then easterly and southerly along the Colchester town line and continuing along the boundary of the city of Winooski to the railroad bridge; then westerly along the northern side of the centerline of the railroad bridge and continuing along the northern side of the centerline of the railroad tracks to the intersection of a point representing the centerline of the railroad tracks and a straight line extension of the centerline of Spring Street; then southeasterly along the western side of the centerline of that straight line to the intersection of Spring Street and Manhattan Drive; then westerly along the northern side of the centerline of Manhattan Drive to the intersection of Pitkin Street; then southerly along the western side of the centerline of Pitkin Street to the intersection of North Street; then easterly along the southern side of the centerline of North Street to the intersection of North Champlain Street; then southerly along the western side of the centerline of North Champlain Street to the intersection of Pearl Street; then westerly along the northern side of the centerline of Pearl Street to the intersection of Battery Street; then southerly along the western side of the centerline of Battery Street to the intersection of College Street; then westerly along the northern side of the centerline of College Street to the intersection of the Island Line Trail; then southerly along the western side of the Island Line Trail to a point representing the southern end of the Union Station building; then northwesterly from that point to a point representing the intersection of a straight line extension of Main Street and the shore of Lake Champlain; then northwesterly along the shore of Lake Champlain to the point of beginning ............ 1
3. CHITTENDEN-6-3. That portion of the city of Burlington encompassed within a boundary beginning at the point of the intersection of Spring Street and Manhattan Drive; then westerly along the southern side of the centerline of Manhattan Drive to the intersection of Pitkin Street; then southerly along the eastern side of the centerline of Pitkin Street to the intersection of North Street; then easterly along the northern side of the centerline of North Street to the intersection of North Champlain Street; then southerly along the eastern side of the centerline of North Champlain Street to the intersection of Pearl Street; then westerly along the southern side of the centerline of Pearl Street to the intersection of Battery Street; then southerly along the eastern side of the centerline of Battery Street to the intersection of College Street; then westerly along the southern side of the centerline of College Street to the intersection of the Island Line Trail; then southerly along the eastern side of the centerline of the Island Line Trail to the southern end of the Union Station building; then northwesterly from that point to a point representing the intersection of a straight line extension of Main Street and the shore of Lake Champlain; then southerly along the shore of Lake Champlain to a point representing the intersection of the shore of Lake Champlain and a straight line extension of Maple Street; then easterly along the northern side of the centerline of Maple Street to the intersection of South Willard Street; then northerly along the western side of the centerline of South Willard Street to the intersection of Main Street; then westerly along the southern side of the centerline of Main Street to the intersection of South Union Street; then northerly along the western side of the centerline of South Union Street to the intersection of Pearl Street; then continuing on North Union Street to the intersection of North Street; then easterly along the northern side of the centerline of North Street to the intersection of North Willard Street; then northerly along the western side of the centerline of North Willard Street to the intersection of Hyde Street; then northeasterly along the western side of the centerline of Hyde Street to a point representing the intersection of a straight line extension of Hyde Street and the railroad tracks; then westerly along the southern side of the centerline of the railroad tracks to the intersection of a point representing the intersection of the centerline of the railroad tracks and a straight line extension of the centerline of Spring Street; then southeasterly along the eastern side of the centerline of that straight line to the point of beginning ............ 2
4. CHITTENDEN-6-4. That portion of the city of Burlington encompassed within a boundary beginning at the point of the intersection of North Street and North Union Street; then southerly along the eastern side of the centerline of North Union Street to the intersection of Pearl Street; then easterly along the northern side of the centerline of Pearl Street to the intersection of South Prospect Street; then southerly along the eastern side of the centerline of South Prospect Street to the intersection of Main Street; then easterly along the northern side of the centerline of Main Street to the northeastern boundary of 461 Main Street; then southeasterly along the eastern side of the boundary of 461 Main Street and 475 Main Street, including the property at 475, 479, and 481 Main Street and excluding the property at 461 Main Street and continuing in a straight line to the southwestern corner of the property located at 475 Main Street, including that property; then continuing on to and along the eastern side of the boundary between property located on Robinson Parkway and property located on University Terrace, including the University Terrace properties, to the intersection with University Heights Road; then continuing southerly from the intersection with University Heights Road on the eastern side of the boundary between properties within University Heights and those properties on South Prospect Street and on Henderson Terrace to the intersection of a road running along the southern side of the Gucciardi Recreation and Fitness Center and the Gutterson Fieldhouse and Davis Road; then easterly along the northern side of the centerline of the road on the southern boundary of the center and fieldhouse to the boundary of the city of South Burlington; then northerly and easterly along the South Burlington city line to the intersection with Grove Street, including the residences on the inside and southern side of the circle at 284 Grove Street, also known as Apple Grove, but excluding the residences on the outside and northern side of the circle at 284 Grove Street; then westerly along the southern side and northerly along the western side of the centerline of Grove Street to the intersection of Chase Street; then westerly and southwesterly along the southern side of the centerline of Chase Street to the intersection of Colchester Avenue; then northerly along the western side of the centerline of Colchester Avenue to the intersection of Riverside Avenue; then southerly along the eastern side and westerly along the southern side of the centerline of Riverside Avenue to the intersection of Intervale Road; then northwesterly along the western side of the centerline of Intervale Road to the intersection with the railroad tracks; then westerly along the southern side of the centerline of the railroad tracks to a point representing the intersection of the centerline of the railroad tracks and a straight line extension of the centerline of Hyde Street; then southwesterly along the eastern side of the centerline of that line extension and then Hyde Street to the intersection of North Willard Street; then southerly along the eastern side of the centerline of North Willard Street to the intersection of North Street; then westerly along the southern side of the centerline of North Street to the point of beginning ............ 2
5. CHITTENDEN-6-5. That portion of the city of Burlington encompassed within a boundary beginning at the point where the boundary of Burlington and the city of South Burlington intersects with the shore of Lake Champlain; then northerly along the shore of Lake Champlain to the intersection of the shore of the lake with a point representing a straight line extension of Maple Street; then easterly along the southern side of the centerline of Maple Street to the intersection of South Willard Street; then southerly along the western side of the centerline of South Willard Street to the intersection of Cliff Street; then easterly along the southern side of the centerline of Cliff Street to the intersection of South Prospect Street; then southerly along the western side of the centerline of South Prospect Street to the intersection of Davis Road; then easterly along the southern side of the centerline of Davis Road to the intersection of the road running along the southern boundary of the Gucciardi Recreation and Fitness Center and the Gutterson Fieldhouse; then easterly along the southern side of the centerline of the road on the southern boundary of the center and fieldhouse to the boundary of the city of South Burlington; then southerly and westerly along the South Burlington city line to the shore of Lake Champlain and the point of beginning ............ 2
6. CHITTENDEN-6-6. That portion of the city of Burlington encompassed within a boundary beginning at the point of the intersection of Pearl Street and North Union Street; then easterly along the southern side of the centerline of Pearl Street to the intersection of South Prospect Street; then southerly along the western side of the centerline of South Prospect Street to the intersection of Main Street; then easterly along the southern side of the centerline of Main Street to the northeastern boundary of 461 Main Street; then southeasterly along the western side of the boundary of 461 Main Street and 475 Main Street, excluding the property at 475, 479, and 481 Main Street and including the property at 461 Main Street and continuing in a straight line to the southwestern corner of the property located at 475 Main Street, excluding that property; then continuing on to and along the western side of the boundary between property located on Robinson Parkway and property located on University Terrace, including the Robinson Parkway properties, to the intersection with University Heights Road; then continuing southerly from the intersection with University Heights Road on the western side of the boundary between properties within University Heights and those properties on South Prospect Street and on Henderson Terrace to the intersection of a road running along the southern side of the Gucciardi Recreation and Fitness Center and the Gutterson Fieldhouse and Davis Road; then westerly along the northern side of the centerline of Davis Road to the intersection of South Prospect Street; then northerly along the eastern side of the centerline of South Prospect Street to the intersection of Cliff Street; then westerly along the northern side of the centerline of Cliff Street to the intersection of South Willard Street; then northerly along the eastern side of the centerline of South Willard Street to the intersection of Main Street; then westerly along the northern side of the centerline of Main Street to the intersection of South Union Street; then northerly along South Union Street to the intersection of Pearl Street; then continuing northerly along the eastern side of the centerline of North Union Street to the point of beginning ............ 1
7. CHITTENDEN-6-7. The city of Winooski and that portion of the city of Burlington not included in CHITTENDEN-6-1, 6-2, 6-3, 6-4, 6-5, or 6-6 ............ 2
CHITTENDEN-7 is subdivided into the following districts:
1. CHITTENDEN-7-1. That portion of the city of South Burlington encompassed within a boundary beginning at the point where the boundary of South Burlington and the city of Burlington intersects with the shore of Lake Champlain; then southerly along the shore of Lake Champlain, including all of the lake belonging to South Burlington, to the boundary of the town of Shelburne; then easterly along the Shelburne town line to the intersection of Shelburne Road; then northerly along the western side of the centerline of Shelburne Road to the intersection of Allen Road; then easterly along the northern side of the centerline of Allen Road to the intersection of Spear Street; then northerly along the western side of the centerline of Spear Street to the intersection of Nowland Farm Drive; then easterly along the northern side of the centerline of Nowland Farm Drive to the intersection of Dorset Street; then northerly along the western side of the centerline of Dorset Street to the intersection of Swift Street; then westerly along the southern side of the centerline of Swift Street and then continuing along the Burlington city line to the shore of Lake Champlain and the point of beginning ............ 1
2. CHITTENDEN-7-2. That portion of the city of South Burlington encompassed within a boundary beginning at the point of the intersection of Nowland Farm Drive and Spear Street; then southerly along the eastern side of the centerline of Spear Street to the intersection of Allen Road; then westerly along the southern side of the centerline of Allen Road to the intersection of Shelburne Road; then southerly along the eastern side of the centerline of Shelburne Road to the boundary of the town of Shelburne; then easterly along the Shelburne town line to the boundary of the town of Williston; then northerly along the Williston town line to the intersection of VT Route 2; then westerly along the southern side of the centerline of VT 2 to the intersection of the back property lines of property fronting Elsom Parkway on the western side of Elsom Parkway; then southerly along those back property lines including all of the properties along Elsom Parkway and continuing in a straight line to the intersection with the Potash Brook; then southwesterly along the southern side of the centerline of the Potash Brook to the intersection with Hinesburg Road; then southeasterly along the eastern side of the centerline of Hinesburg Road to the intersection with Interstate 89; then westerly along the southern side of the centerline of Interstate 89 to the intersection with Dorset Street; then southerly along the eastern side of the centerline of Dorset Street to the intersection of Nowland Farm Drive; then westerly along the southern side of the centerline of Nowland Farm Drive to the point of beginning ............ 1
3. CHITTENDEN-7-3. That portion of the city of South Burlington encompassed within a boundary beginning at the northwestern-most point where the boundary line of South Burlington and the city of Burlington intersects with Williston Road; then southerly and westerly along the Burlington city line to the intersection with Swift Street; then easterly along the northern side of the centerline of Swift Street to the intersection of Dorset Street; then northerly along the western side of the centerline of Dorset Street to the intersection with Interstate 89; then easterly along the northern side of the centerline of Interstate 89 to the intersection with Hinesburg Road; then northwesterly along the western side of the centerline of Hinesburg Road to the intersection with the Potash Brook; then southwesterly along the southern side of the centerline of the Potash Brook to the intersection with Kennedy Drive; then westerly along the southern side of the centerline of Kennedy Drive to the intersection of Dorset Street; then northerly along the western side of the centerline of Dorset Street to the intersection of Williston Road; then northwesterly along the southern side of the centerline of Williston Road to the point of beginning ............ 1
4. CHITTENDEN-7-4. That portion of the city of South Burlington not in CHITTENDEN-7-1, 7-2, or 7-3 ............ 1
CHITTENDEN-9 is subdivided into the following districts:
1. CHITTENDEN-9-1. That portion of the town of Colchester north of Malletts Creek and west of Interstate 89 to the Milton town line; plus that portion of the town of Colchester east of Interstate 89, except the portion of that portion of the town encompassed within a boundary beginning at the point where Interstate 89 intersects with VT Route 127; then easterly along the southern side of the centerline of VT 127 to the intersection of the Roosevelt Highway; then southerly along the western side of the centerline of the Roosevelt Highway to the intersection of the Sunderland Brook; then westerly along the northern side of the centerline of the Sunderland Brook to the intersection with Interstate 89; then northerly along the eastern side of the centerline of Interstate 89 to the point of beginning ............ 2
2. CHITTENDEN-9-2. That portion of the town of Colchester not in CHITTENDEN-9-1 ............ 2
  Added 2001, No. 151 (Adj. Sess.), § 53, eff. June 27, 2002; amended 2011, No. 93 (Adj. Sess.), § 2, eff. May 1, 2012.

beginning ............ 2

History

Amendments--2011 (Adj. Sess.) Section amended generally.

Effective date of amendments--2011 (Adj. Sess.). 2011, No. 93 (Adj. Sess.), § 5, eff. May 1, 2012, provided: "This act shall take effect on passage and shall apply to representative . . . districts for the 2012 election cycle and thereafter."

Codification of Chittenden-3 boundary descriptions - 2001 (Adj. Sess.). 2001, No. 151 (Adj. Sess.) § 60, provides: "The Legislative Council is directed to define the boundary descriptions for House districts CHITTENDEN-3-1, CHITTENDEN-3-2, CHITTENDEN-3-3, CHITTENDEN-3-4, CHITTENDEN-3-5, and CHITTENDEN-3-6 in terms of streets, roads, census block lines, and other physical markers as set out in the map prepared by the Legislative Council, submitted to and approved by the Committee on Conference on S.300 on June 12, 2002, and codify the same in 17 V.S.A. § 1893a."

Subdivision of initial districts by 2001 (Adj. Sess.). 2001, No. 151 (Adj. Sess.), § 53, as codified pursuant to 2001, No. 151 (Adj. Sess.), § 60, provided:

"(a) The following initial House districts, created and assigned more than two members by section 1893 of this title, as amended by No. 85 of the Acts of 2002, are subdivided into final House districts, as designated and defined below, each of which shall be entitled to elect the indicated number of representatives:

"(1) BENNINGTON-2 is subdivided into the following districts:

"BENNINGTON-2-1. That portion of the town of Bennington not included in BENNINGTON-2-2. ............ 2

"BENNINGTON-2-2. That portion of the town of Bennington encompassed by a border beginning at the intersection of VT 7 and the Pownal town line, then northerly on the easterly side of VT 7 to the intersection with Monument Avenue, then northerly along the easterly side of Monument Avenue to the intersection with Dewey Street, then northerly along the easterly side of Dewey Street to the intersection with West Main Street, then southeasterly on the southerly side of West Main Street to the intersection with North Street, then northerly along the easterly side of North Street to the intersection with County Street, then easterly along the southerly side of County Street to the intersection with Park Street, then northerly along the easterly side of Park Street to the intersection with Roaring Branch River, then easterly along the southerly side of the river to the intersection with VT 9, then easterly along VT 9 to the intersection with the Bennington-Woodford town line, then southerly along the westerly side of the Bennington-Woodford town line to the intersection with the Bennington-Pownal town line, then westerly along the northerly side of the Bennington-Pownal town line to the point of beginning. ............ 2

"(2) CHITTENDEN-3 is subdivided into the following districts:

"CHITTENDEN-3-1. Consisting of all that portion of the City of Burlington encompassed within a boundary beginning where the northerly property line of Leddy Park intersects the shore of Lake Champlain, then northeasterly along said property line and said property line extended to North Avenue, then southeasterly along North Avenue to the southerly boundary of Farrington's Trailer Park, then northeasterly and northwesterly along the boundary of Farrington's Trailer Park and the back property lines of property fronting Lopes Avenue to the northwest corner of the corner lot at the intersection of Lopes Avenue and Roseade Parkway including all the residences in Farrington's Trailer Park and on Poirier Place, then northeasterly along the back property lines between property fronting on Roseade Parkway and Arlington Court including all the residences on Arlington Court, and turning northwesterly along the back property lines of property fronting Arlington Court to the intersection of the back property lines of property fronting Farrington Parkway, then easterly along the back property lines of property fronting Farrington Parkway to the south, then easterly along Farrington Parkway to the intersection of Farrington Parkway and Ethan Allen Parkway, then northerly along Ethan Allen Parkway to a point where the back property lines of property fronting the north side of Farrington Parkway intersect Ethan Allen Parkway, then westerly along the back property lines of property fronting the north side of Farrington Parkway to include all residences on Farrington Parkway, continuing west across the end of Gosse Court to the southeast corner of the Lyman C. Hunt School property, then northwesterly along the property boundary of the Lyman C. Hunt School property to its northeast corner, then northeasterly along the back property lines of property fronting on Janet Circle to a point where said back property lines intersect the back property lines of property fronting on James Avenue, then northwesterly along the back property lines of property fronting on James Avenue and Sandra Circle and continuing northeasterly along the back property lines of property fronting on Sandra Circle to the intersection of the right-of-way of the Winooski Valley Park Way, then northerly in a straight line to the Winooski River, then northerly along the Winooski River to its intersection with Lake Champlain, then southerly along the shore of Lake Champlain back to the point of beginning. ............ 2

"CHITTENDEN-3-2. Consisting of all that portion of the City of Burlington encompassed within a boundary beginning where the northerly property line of Leddy Park intersects the shore of Lake Champlain, then northeasterly along said property line and said property line extended to North Avenue, then southeasterly along North Avenue to the southerly boundary of Farrington's Trailer Park, then northeasterly and northwesterly along the boundary of Farrington's Trailer Park and the back property lines of property fronting Lopes Avenue to the northwest corner of the corner lot at the intersection of Lopes Avenue and Roseade Parkway including all the residences on Lopes Avenue and Blondin Circle, then northeasterly along the back property lines between property fronting on Roseade Parkway and Arlington Court including all the residences on Roseade Parkway, and turning northwesterly along the back property lines of property fronting Arlington Court to the intersection of the back property lines of property fronting Farrington Parkway, then easterly along the back property lines of property fronting Farrington Parkway to the south, then easterly along Farrington Parkway to the intersection of Farrington Parkway and Ethan Allen Parkway including all units at 282 Ethan Allen Parkway, then northerly along Ethan Allen Parkway to a point where the back property lines of property fronting the north side of Farrington Parkway intersect Ethan Allen Parkway, then westerly along the back property lines of property fronting the north side of Farrington Parkway, continuing west across the end of Gosse Court to the southeast corner of the Lyman C. Hunt School property, then northwesterly along the property boundary of the Lyman C. Hunt School property to its northeast, then northeasterly along the back property lines of property fronting on Janet Circle to a point where said back property lines intersect the back property lines of property fronting on James Avenue including all residences on Janet Circle, then northwesterly along the back property lines of property fronting on James Avenue and Sandra Circle and continuing northeasterly along the back property lines of property fronting on Sandra Circle to the intersection of the right-of-way of the Winooski Valley Park Way including all residences on Sandra Circle, then northerly in a straight line to the Winooski River, then following the Winooski River easterly to the railroad bridge, then westerly along the railroad bridge and continuing along the railroad tracks until it intersects at a point with the straight-line extension of the property boundary between 603 and 617 Riverside Avenue, then southerly along the straight-line extension of the property boundary between 603 and 617 Riverside Avenue, continuing southerly along the property boundary of 603 and 617 Riverside Avenue to its intersection with Riverside Avenue, then westerly along Riverside Avenue to the intersection of Intervale Avenue, then southwesterly along Intervale Avenue to the intersection of Archibald Street, then westerly along Archibald Street to the intersection of Spring Street, then northwesterly along Spring Street to the intersection of Manhattan Drive, then westerly along Manhattan Drive to the intersection of Pitkin Street, then southerly along Pitkin Street to the intersection of Strong Street, then westerly along Strong Street to the intersection of North Avenue, then northwesterly along North Avenue to the intersection of Sunset Court, then southwesterly along Sunset Court to its end to include all residences on the northwesterly side of Sunset Court, continuing southeasterly in a straight-line extension of Sunset Court to its intersection with the railroad tracks, then southerly along the railroad tracks to the intersection of the northern boundary line of the property to the north of the Moran Plant, then westerly along the boundary line to the intersection of the shore of Lake Champlain, then northerly along the shore of Lake Champlain to the point of beginning. ............ 1

"CHITTENDEN-3-3. Consisting of that portion of the City of Burlington encompassed within a boundary beginning at the intersection of Maple and Willard Streets, then westerly along Maple Street to the intersection of St. Paul Street, then southerly along St. Paul Street to the intersection of Kilburn Street, then westerly along Kilburn Street to the intersection of Pine Street, then southerly along Pine Street to where the railroad track parallels Pine Street, then northwesterly along the railroad track to the intersection of Maple Street, then westerly along Maple Street to the shore of Lake Champlain, then northerly along the shore of Lake Champlain to the intersection of the northern boundary line of the property to the north of the Moran Plant, then easterly along the boundary line to the intersection of the railroad tracks, then northerly along the railroad tracks to an intersection with a straight-line extension of Sunset Court, then northeasterly along the straight-line extension of Sunset Court and continuing along Sunset Court to its intersection with North Avenue to include all residences on the southeasterly side of Sunset Court, then southeasterly along North Avenue to the intersection of Strong Street, then easterly along Strong Street to the intersection of Pitkin Street, then northerly along Pitkin Street to the intersection of Manhattan Drive, then easterly along Manhattan Drive to the intersection of Spring Street, then southeasterly along Spring Street to the intersection of Archibald Street, then easterly along Archibald Street to the intersection of North Union Street, then southwesterly and southerly along North Union Street to the intersection of Pearl Street, then easterly along Pearl Street to the intersection of Willard Street, then southerly along Willard Street to the point of beginning. ............ 2

"CHITTENDEN-3-4. Consisting of that portion of the City of Burlington encompassed within a boundary beginning at the intersection of Davis Road and the boundary between the City of Burlington and the City of South Burlington, then southwesterly along Davis Road to the intersection of South Prospect Street, then northerly along South Prospect Street to the intersection of Main Street, then westerly along Main Street to the intersection of Willard Street, then northerly along Willard Street to the intersection of Pearl Street, then westerly along Pearl Street to the intersection of North Union Street, then northerly along North Union Street to the intersection of North Winooski Avenue, then northeasterly along North Winooski Avenue to the intersection of Archibald Street, then westerly along Archibald Street to the intersection of Intervale Avenue, then northeasterly along Intervale Avenue to the intersection of Riverside Avenue, then easterly along Riverside Avenue to the intersection of North Winooski Avenue, then northerly along the property boundary between 603 and 617 Riverside Avenue to the northeastern corner of 617 Riverside Avenue, then northerly along the straight-line extension of the property boundary between 603 and 617 Riverside Avenue to the intersection of the railroad tracks, then easterly along the railroad tracks to the intersection of Intervale Road, then southerly along Intervale Road, crossing Riverside Avenue, and continuing southerly along North Prospect Street to the intersection of North Street, then easterly along North Street to the intersection of Mansfield Avenue, then southerly along Mansfield Avenue to the intersection of Colchester Avenue, then northeasterly along Colchester Avenue to the intersection of Chase Street, then northeasterly along Chase Street to the intersection of Grove Street, then southeasterly along Grove Street to the intersection of the boundary line between the City of Burlington and the City of South Burlington, then southwesterly along the boundary line to the intersection of Main Street, then northwesterly along Main Street to the intersection with the boundary line, then southerly along the boundary line to the point of beginning. ............ 2

"CHITTENDEN-3-5. Consisting of that portion of the City of Burlington encompassed within a boundary beginning from the shore of Lake Champlain and the boundary line with the City of South Burlington, then easterly along the boundary line between the City of Burlington and the City of South Burlington to Shelburne Street, then northerly and then easterly along the boundary line with the City of South Burlington, then northerly along the boundary line with the City of South Burlington to the intersection of Davis Road, then southwesterly along Davis Road to the intersection of South Prospect Street, then northerly along South Prospect Street to the intersection of Main Street, then westerly along Main Street to the intersection of Willard Street, then southerly along Willard Street to the intersection of Maple Street, then westerly along Maple Street to the intersection of St. Paul Street, then southerly along St. Paul Street to the intersection of Kilburn Street, then westerly along Kilburn Street to the intersection of Pine Street, then southerly along Pine Street to where the railroad track parallels Pine Street, then northwesterly along the railroad track to the intersection of Maple Street, then westerly along Maple Street to the intersection of the shore of Lake Champlain, then southerly along the shore of Lake Champlain to the point of beginning. ............ 2

"CHITTENDEN-3-6. Consisting of all the City of Winooski and that portion of the City of Burlington encompassed within a boundary beginning at the northern terminus of the boundary line between the cities of Burlington and South Burlington located at a point adjacent to the Winooski River west of Interstate 89, then southwesterly along the boundary line to the intersection of the boundary line and Grove Street, then northwesterly along Grove Street to the intersection of Chase Street, then southwesterly along Chase Street to the intersection of Colchester Avenue, then southwesterly along Colchester Avenue to the intersection of Mansfield Avenue, then northerly along Mansfield Avenue to the intersection of North Street, then westerly on North Street to the intersection of North Prospect Street, then northerly along North Prospect Street, crossing Riverside Avenue, and continuing along Intervale Road to the intersection of the railroad tracks, then easterly along the railroad tracks to the Winooski River and the boundary of the City of Burlington and the City of Winooski. ............ 2

"CHITTENDEN-3-7. That portion of the City of South Burlington starting at a point on Lake Champlain at the Shelburne-South Burlington boundary and following the Shelburne-South Burlington boundary easterly to Shelburne Road; then northerly following Shelburne Road to Allen Road; then easterly following Allen Road to Spear Street; then northerly on Spear Street to Pheasant Way; then westerly on Pheasant Way to Deerfield Drive; then northerly on Deerfield Drive; then easterly on Deerfield Drive to the intersection with Spear Street; then across Spear Street to Nowland Farm Road to the intersection with Pinnacle Drive; then northerly on Pinnacle Drive; then easterly on Pinnacle Drive; then northerly on Pinnacle Drive; then westerly on Pinnacle Drive; then southerly on Pinnacle Drive to the intersection with Olivia Drive; then westerly along Olivia Drive to Spear Street; then northerly on Spear Street to Swift Street; then westerly on Swift Street to Shelburne Road; then westerly along the Burlington-South Burlington boundary to Lake Champlain; then following the shore of Lake Champlain southerly to the point of beginning. ............ 1

"CHITTENDEN-3-8. That portion of the City of South Burlington starting at the junction of Dorset Street and the Shelburne-South Burlington boundary and proceeding easterly to the junction of the Shelburne-South Burlington-Williston boundaries; then northerly following the Williston-South Burlington boundary to Williston Road; then continuing westerly to the intersection of Hinesburg Road/Patchen Road; then southerly following Hinesburg Road to Woodcrest Street; then westerly on Woodcrest Street; then northerly on Woodcrest Street; then westerly on Woodcrest Street; then southerly on Woodcrest Street to Dean Street; then easterly on Dean Street to Hinesburg Road; then southerly along Hinesburg Road to Interstate 89; then westerly along Interstate 89 to its intersection with Dorset Street; then southerly to Swift Street; then westerly following Swift Street to Spear Street; then southerly along Spear Street to Olivia Drive; then easterly on Olivia Drive to Pinnacle Drive; then northerly on Pinnacle Drive; then easterly on Pinnacle Drive; then southerly on Pinnacle drive; then westerly on Pinnacle Drive; then southerly on Pinnacle Drive to Nowland Farm Road; then westerly to Spear Street; then across Spear Street to Deerfield Drive; then westerly on Deerfield Drive; then southerly on Deerfield Drive to Pheasant Way; then easterly on Pheasant Way to Spear Street; then southerly along Spear Street to Allen Road; then westerly following Allen Road to the intersection of Shelburne Road; then southerly on Shelburne Road to the Shelburne-South Burlington boundary; then easterly on the Shelburne-South Burlington boundary to the point of beginning at Dorset Street and the Shelburne-South Burlington boundary. ............ 1

"CHITTENDEN-3-9. That portion of the City of South Burlington starting at the junction of the Burlington-South Burlington boundary and Williston Road and following that boundary starting northerly following the city boundary to the Winooski River, then following the South Burlington-Winooski River boundary to Muddy Brook, then following the Muddy Brook-South Burlington boundary to Williston Road, then westerly to Hinesburg Road/Patchen Road, then southerly to Woodcrest Street, then westerly on Woodcrest Street, then northerly on Woodcrest Street, then westerly on Woodcrest Street, then southerly on Woodcrest Street to Dean Street, then easterly on Dean Street to Hinesburg Road, then continuing southerly on Hinesburg Road to Potash Brook, then westerly following the centerline of Potash Brook to the intersection with Kennedy Drive, then westerly on Kennedy Drive to Dorset Street, then northerly on Dorset Street to Williston Road, then westerly to the point beginning at the junction of the Burlington-South Burlington boundary and Williston Road. ............ 1

"CHITTENDEN-3-10. That portion of the City of South Burlington not contained in CHITTENDEN-3-7, 3-8, or 3-9. ............ 1

"(3) CHITTENDEN-6 is subdivided into the following districts:

"CHITTENDEN-6-1. That portion of the Town of Essex not included in CHITTENDEN-6-2 or 6-3. ............ 2

"CHITTENDEN-6-2. The Village of Essex Junction. ............ 2

"CHITTENDEN-6-3. The Town of Westford, plus that portion of the Town of Essex bounded by the centerline of the road from Curve Hill at the Colchester Town line, then to Lost Nation Road, then northerly on Old Stage Road to Towers Road, then continuing easterly to Brown's River Road to Weed Road, then easterly on Jericho Road to the Jericho town line. ............ 1

"(4) CHITTENDEN-7 is subdivided into the following districts:

"CHITTENDEN-7-1. That portion of the town of Colchester north of Malletts Creek and west of Interstate 89 to the Milton town line, plus that portion of the town of Colchester east of Interstate 89. ............ 2

"CHITTENDEN-7-2. That portion of the town of Colchester not included in CHITTENDEN-7-1. ............ 2

"(5) GRAND ISLE-CHITTENDEN-1 is subdivided into the following districts:

"GRAND ISLE-CHITTENDEN-1-1. The towns of Alburg, Grand Isle, Isle La Motte, North Hero and South Hero, plus that portion of the town of Milton bounded by a line beginning at the mouth of the Lamoille River and Lake Champlain, then along the river upstream to the Interstate 89 bridge crossing the Lamoille River, then northerly along Interstate 89 to the Georgia town line, then along the Georgia town line to Lake Champlain, then southerly along the lakeshore to the place of beginning. ............ 2

"CHITTENDEN-9. That portion of the town of Milton not included in GRAND ISLE-CHITTENDEN-1. ............ 2

"(6) RUTLAND-1 is subdivided into the following districts:

"RUTLAND -1-1. The town of Poultney and that part of the town of Ira encompassed within a boundary beginning in the southwest at the intersection of the town boundaries of Ira, Middletown Springs and Poultney, then northerly along the boundary with Poultney and continuing northerly along the boundary with Castleton, then easterly along the boundary with Castleton to the boundary with West Rutland, then southeasterly along the boundary with West Rutland to the ridge line of the mountain range, then southwesterly along the ridge line of the mountain range to the boundary with Middletown Springs, then westerly along the boundary with Middletown Springs to the point of beginning. ............ 1

"RUTLAND-1-2. The towns of Clarendon, Proctor, West Rutland and that part of the town of Ira not included in RUTLAND-1-1. ............ 2

"(7) RUTLAND-5 is subdivided into the following districts:

"RUTLAND-5-1. That portion of the City of Rutland encompassed within a boundary beginning at the point where the boundary line of Rutland City and Rutland Town intersects with Lincoln Avenue, then southerly along the east side of the centerline of Lincoln Avenue to the intersection of West Street, then easterly along the north side of the centerline of West Street across North Main Street, then easterly along the north side of Terrill Street to the intersection of Lafayette Street, then southerly along the east side of the centerline of Lafayette Street to the intersection of Easterly Avenue, then easterly along the north side of Easterly Avenue to the intersection of Easterly Avenue and Piedmont Drive, then easterly along the north side of the centerline of Piedmont Drive to the intersection of Piedmont Drive and Piedmont Parkway, then easterly along the centerline of Piedmont Parkway to the intersection of Piedmont Parkway and Stratton Road, then southerly along the easterly side of the centerline of Stratton Road to the intersection of Stratton Road and Killington Avenue, then easterly along the north side of the centerline of Killington Avenue, including both sides of Grandview Terrace, to the boundary between Rutland City and Rutland Town, then northerly following the boundary line to its intersection with Gleason Road, then westerly along the south side of the centerline of Gleason Road to Woodstock Avenue, then following the boundary line back to the point of beginning. ............ 1

"RUTLAND-5-2. That portion of the City of Rutland encompassed within a boundary beginning at the point where the boundary line of Rutland City and Rutland Town intersects with South Main Street, then northerly along the easterly side of the centerline of South Main Street to the intersection of South Main Street and Strongs Avenue, then northwesterly along the east side of the centerline of Strongs Avenue to the intersection of Strongs Avenue and Prospect Street, then northerly along the east side of the centerline of Prospect Street to the intersection of Prospect Street and Washington Street, then easterly along the south side of the centerline of Washington Street to the intersection of Washington Street and Court Street, then northerly along the east side of the centerline of Court Street to the intersection of Court Street and West Street, then easterly along the south side of the centerline of West Street, to the intersection of West Street and South Main Street, then east across South Main Street, to the intersection of South Main Street and Terrill Street, then easterly along the south side of the centerline of Terrill Street to the intersection of Terrill Street and Lafayette Street, then southerly along the west side of the centerline of Lafayette Street to the intersection of Lafayette Street and Easterly Avenue, then easterly along the south side of the centerline of Easterly Avenue to the intersection of Easterly Avenue and Piedmont Drive, then easterly along the south side of the centerline of Piedmont Drive to the intersection of Piedmont Drive and Piedmont Parkway, then easterly along the south side of the centerline of Piedmont Parkway to the intersection of Piedmont Parkway and Stratton Road, then southerly along the west side of the centerline of Stratton Road to the intersection of Stratton Road and Killington Avenue, then easterly along the south side of the centerline of Killington Avenue to the boundary of Rutland City and Rutland Town, then southerly along the city line to the intersection of the city line and South Main Street to the point of beginning. ............ 1

"RUTLAND-5-3. That portion of the City of Rutland encompassed within a boundary beginning at the point where the boundary line of Rutland City and Rutland Town intersects with South Main Street, then northerly along the west side of the centerline of South Main Street to the intersection of South Main Street and Strongs Avenue, then northwesterly along the west side of the centerline of Strongs Avenue to the intersection of Strongs Avenue and Prospect Street, then northerly along the west side of the centerline of Prospect Street to the intersection of Prospect Street and Washington Street, then easterly along the north side of the centerline of Washington Street to the intersection of Washington Street and Court Street, then northerly along the west side of the centerline of Court Street to the intersection of Court Street and West Street, then easterly along the north side of the centerline of West Street to the intersection of West Street and Lincoln Avenue, then northerly along the west side of the centerline of Lincoln Avenue to the intersection of Lincoln Avenue and Williams Street, then west along the south side of the centerline of Williams Street to the intersection of Williams Street and Grove Street, then north along the west side of the centerline of Grove Street to the intersection of Grove Street and Maple Street, then west along the south side of the centerline of Maple Street to the intersection of Maple Street and Pine Street, then south along the east side of the centerline of Pine Street to the intersection of Pine Street and Robbins Street, then west along the south side of the centerline of Robbins Street to the intersection of Robbins Street and Baxter Street, then south along the east side of the centerline of Baxter Street to the intersection of Baxter Street and State Street, then west along the south side of the centerline of State Street to the intersection of State Street and Cramton Avenue, then south along the east side of the centerline of Cramton Avenue to the intersection of Cramton Avenue and West Street, then westerly along the south side of the centerline of West Street to the intersection of Ripley Road, then southerly along the Rutland City-Rutland Town line to the intersection of the city line and South Main Street, the point of beginning. ............ 1

"RUTLAND-5-4. That portion of the City of Rutland not located within the boundaries of RUTLAND-5-1, 5-2 or 5-3. ............ 1

"(8) WASHINGTON-3 is subdivided into the following districts:

"WASHINGTON-3-1. That portion of the City of Barre bounded on the north, east and south by Barre Town, and bounded on the west by a line running along the center of Hall Street to the intersection of Elm Street, then along the center of Elm Street to the intersection of North Main Street, then along the center of North Main Street to the intersection of Prospect Street, then along the center of Prospect Street to the intersection of Allen Street, then along the western back lot line of Allen Street to the Barre Town boundary. ............ 1

"WASHINGTON-3-2. That portion of the City of Barre bound on the north and south by the Barre Town line, on the east by the boundary with WASHINGTON-3-1, and on the west by the boundary with WASHINGTON-3-3. ............ 1

"WASHINGTON-3-3. The town of Berlin and that portion of the City of Barre bound on the west by the Berlin town line, on the north and south by the Barre Town line, and on the east by a boundary running from the Barre Town northern boundary along the center of Beckley Street, then along the center of Third Street to North Main Street, then along the center of North Main Street to the intersection of Berlin Street, then along the center of Berlin Street to Prospect Street, then along the center of Prospect Street to the Barre Town line. ............ 1

"(9) WINDHAM-3 is subdivided into the following districts:

"WINDHAM-3-1. That portion of the Town of Brattleboro to the west of a boundary beginning at Upper Dummerston Road at the Dummerston town line, then southeasterly along the centerline of Upper Dummerston Road to Interstate 91, then southerly along the median of Interstate 91 to Williams Street, then easterly along the centerline of Williams Street to where the Whetstone Brook crosses, then southwesterly along the western bank of the Whetstone Brook to Lamson Street and southerly along the centerline of Lamson Street to Chestnut Street, then westerly along the centerline of Chestnut Street to Interstate 91, then southerly along the median of Interstate 91 to the Guilford town line. ............ 1

"WINDHAM-3-2. That portion of the Town of Brattleboro to the south of a boundary beginning at the Connecticut River at the Whetstone Brook, westerly along the southern bank of the Whetstone Brook to Elm Street, then northerly along the centerline of Frost Street to Williams Street and following the centerline of Williams Street to West Street, then westerly along the centerline of West Street to Williams Street and westerly along the centerline of Williams Street to where the Whetstone Brook crosses, then southwesterly along the eastern bank of the Whetstone Brook to Lamson Street and southerly along the centerline of Lamson Street to Chestnut Street, then westerly along the centerline of Chestnut Street to Interstate 91, and east of Interstate 91 to the Guilford town line. ............ 1

"WINDHAM-3-3. That portion of the Town of Brattleboro not located in WINDHAM-3-1 or 3-2. ............ 1

"(10) WINDSOR-1 is subdivided into the following districts:

"WINDSOR-1-1. The towns of Andover, Baltimore, Chester and that portion of the town of Springfield encompassed within a boundary beginning at the Chester-Springfield town lines at Northfield Drive, then easterly along the centerline of Northfield Drive to the intersection with Fairbanks Road, then northerly along the centerline of Fairbanks Road to the intersection with Main Street, North Springfield, then easterly along the centerline of Main Street, North Springfield to the intersection with the County Road, then northeasterly along the centerline of the County Road to the intersection with VT 106, then northwesterly along the centerline of VT 106 to the intersection with the Baltimore Road, then northwesterly along the centerline of the Baltimore Road to the Chester boundary line, then southerly along the Chester boundary line to the point of the beginning. ............ 1

"WINDSOR-1-2. That portion of the town of Springfield not part of WINDSOR-1-1. ............ 2

"(11) WINDSOR-6 is subdivided into the following districts:

"WINDSOR-6-1. The towns of Barnard and Pomfret and that portion of the town of Hartford lying westerly and northerly of a boundary beginning on the Norwich-Hartford town line at the centerline of Newton Lane, then southerly along the centerline of Newton Lane to its intersection with Jericho Street, then westerly along the centerline of Jericho Street to its intersection with Dothan Road, then southerly along the centerline of Dothan Road to VT 14, then westerly along the centerline of VT 14 to the intersection of the centerline of Runnels Road and VT 14, then at a right angle to a utility pole marked 137T/6/NET&T/3>/136MP Corp/156/40030 on the south edge of VT 14, then southerly in a straight line across the White River to the junction of Old River Road and the beginning of Costello Road, then southerly and easterly along the center of Costello Road to its end on U.S. Route 4, then westerly along the centerline of U.S. Route 4 to the intersection of Waterman Hill Road, then northerly along the centerline of Waterman Hill Road to the northerly low watermark of the Ottauquechee River, then westerly and southerly along the northerly and westerly low watermark of the Ottauquechee River to the Hartford-Hartland town line, then westerly along the town line to the northerly low watermark of the Ottauquechee River, then along the northerly low watermark of the Ottauquechee River to the Hartford-Pomfret town line. ............ 1

"WINDSOR-6-2. That portion of the town of Hartford not located in WINDSOR-6-1. ............ 2

"(b) The following initial House districts, created and assigned two members by section 1893 of this title, as amended by No. 85 of the Acts of 2002, are subdivided as recommended by their respective boards of civil authority into final House districts, as designated and defined below, each of which shall be entitled to elect one representative:

"(1) CHITTENDEN-1 is subdivided into the following districts:

"CHITTENDEN-1-1. The town of Hinesburg, except two portions: the first being that portion of the town of Hinesburg in the southwest corner of the town bounded by a line beginning at the intersection of the Monkton town line and Baldwin Road, then northerly along Baldwin Road to its intersection with Drinkwater Road, then westerly along the centerline of Drinkwater Road to the Charlotte town line, and the second being that portion of the town of Hinesburg in the northwest corner of the town bounded by a line beginning at the junction of VT 116 and the St. George town line, then southerly along the centerline of VT 116 to its intersection with Falls Road, then westerly along the centerline of Falls Road to its intersection with O'Neill Road, then westerly along the centerline of O'Neill Road to the Charlotte town border. ............ 1

"CHITTENDEN-1-2. The town of Charlotte, plus the two portions of the town of Hinesburg not included in CHITTENDEN-1-1. ............ 1

"(2) CHITTENDEN-5 is subdivided into the following districts:

"CHITTENDEN-5-1. That portion of the town of Shelburne bounded by a line beginning on the southwest corner of the Shelburne-Charlotte town line, then following the shore of Lake Champlain to the mouth of Munroe Brook, including all of the Lake that is part of the town of Shelburne, then upstream along the center of Munroe Brook to the intersection with Spear Street, then south along the centerline of Spear Street to the Shelburne-Charlotte town line, then west along the Shelburne-Charlotte town line to the place of beginning. ............ 1

"CHITTENDEN-5-2. The town of St. George, plus that portion of Shelburne which is not in CHITTENDEN-5-1. ............ 1."

§§ 1894, 1895. Repealed. 1991, No. 116 (Adj. Sess.), § 13, eff. Feb. 13, 1992.

History

Former §§ 1894, 1895. Former § 1894, relating to final division into districts, was derived from 1965, No. 98 , § 5, and amended by 1973, No. 210 (Adj. Sess.), § 5.

Former § 1895, relating to subdivision of two-member districts, was derived from 1965, No. 98 , § 6, and amended by 1973, No. 210 (Adj. Sess.), § 5; 1981, No. 129 (Adj. Sess.), § 1.

For present provisions, see §§ 1906a and 1906b of this title.

§ 1896. Repealed. 1991, No. 147 (Adj. Sess.), § 6, eff. April 25, 1992.

History

Former § 1896. Former § 1896, relating to nominations and elections in representative districts, was derived from 1991, No. 116 (Adj. Sess.), § 3.

CHAPTER 34A. PERIODIC REAPPORTIONMENT

Sec.

Cross References

Cross references. Apportionment of State Representatives, see chapter 34 of this title.

Apportionment of State Senators, see chapter 33 of this tile.

Manner of apportionment of the General Assembly, see Vt. Const. Ch. II, § 73.

§ 1901. Purpose.

The Supreme Court of the United States has ruled that the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution requires all state legislative bodies to be apportioned in such manner as to achieve substantially equal weighting of the votes of all voters in the choice of legislators.
To comply with such requirement it will be necessary to reapportion the House of Representatives and the Senate at periodic intervals, so that changes may be recognized in legislative apportionment.
It is the purpose of this chapter to achieve such reapportionment in an orderly and impartial manner.
Added 1965, No. 97 , § 1; amended 2019, No. 2 , § 1, eff. Jan. 1, 2021; 2019, No. 67 , § 3.

History

2019. The text of this section is based on a harmonization of two amendments. During the 2019 session, this section was amended twice, by Act Nos. 2 and 67, resulting in two versions of this section. In order to reflect all of the changes enacted by the Legislature during the 2019 session, the text of Act Nos. 2 and 67 was merged to arrive at a single version of this section. The changes that each of the amendments made are described in amendment notes set out below.

Amendments--2019. Act No. 67 added the subsec. (a), (b), and (c) designations, and inserted "and Senate" following "House of Representatives" in subsec. (b).

Subsec. (b): Act No. 2, inserted "and the Senate" following "House of Representatives" in the second sentence.

§ 1902. Definitions.

As used in this chapter:

"Apportionment standard for the House of Representatives" means the number obtained by dividing the total population in the State by the number of members of the House of Representatives of the General Assembly.
"Apportionment standard for the Senate" means the number obtained by dividing the total population in the State by the number of members of the Senate.
"Board" means the Legislative Apportionment Board.
"Population" means the most recent census taken under the authority of Congress or a special census ordered to be taken by the Legislature.
Added 1965, No. 97 , § 2; amended 1981, No. 30 , § 2, eff. April 16, 1981; 1991, No. 116 (Adj. Sess.), § 4, eff. Feb. 13, 1992.

History

Amendments--1991 (Adj. Sess.). Section amended generally.

Amendments--1981. Section amended generally.

ANNOTATIONS

1. Generally.

A 4.2% deviation from the ideal legislative district which also did not attain the minimum percentage of deviation practicable, is within the limits permitted under the federal and State constitutions and Vermont statutory law. In re Reapportionment of Town of Hartland, 160 Vt. 9, 624 A.2d 323 (1993).

§ 1903. Periodic reapportionment; standards.

The House of Representatives and the Senate shall be reapportioned and redistricted on the basis of population during the biennial session after the taking of each decennial census of the United States, or after a census taken for the purpose of such reapportionment under the authority of this State.
The standard for creating districts for the election of Representatives to the General Assembly shall be to form representative districts with minimum percentages of deviation from the apportionment standard for the House of Representatives. The standard for creating districts for the election of Senators on a county basis to the General Assembly shall be to form senatorial districts with minimum percentages of deviation from the apportionment standard for the Senate. The representative and senatorial districts shall be formed consistent with the following policies insofar as practicable:
1. preservation of existing political subdivision lines;
2. recognition and maintenance of patterns of geography, social interaction, trade, political ties, and common interests;
3. use of compact and contiguous territory.
  Added 1965, No. 97 , § 3; amended 1973, No. 210 (Adj. Sess.), § 7, eff. April 3, 1974; 1981, No. 30 , §§ 3, 7, eff. April 16, 1981; 1991, No. 116 (Adj. Sess.), § 5, eff. Feb. 13, 1992.

History

Amendments--1991 (Adj. Sess.). In subsec. (a), inserted "and the senate" following "representatives" and substituted "during the biennial session after the taking of each decennial census of the United States, or after a census taken for the purpose of such reapportionment under the authority of this state" for "at the time the senate is reapportioned under section 1903(c)" following "population", and in subsec. (b), inserted "representative" following "to form" and substituted "for the house of representatives" for "as defined in section 1902 of this title" following "standard" in the first sentence, added a new second sentence and inserted "representative and senatorial" preceding "districts" in the third sentence of the introductory paragraph and deleted subsec. (c).

Amendments--1981. Subsec. (a): Substituted "on the basis of population at the same time the senate is reapportioned under section 1903(c)" for "after each second presidential election after 1964, on the basis of numbers of legal voters".

Subsec. (b): Substituted "section 1902" for "section 1902(a)(2)" in the first sentence.

Amendments--1973 (Adj. Sess.). Subsec. (b): Amended generally.

ANNOTATIONS

Analysis

1. Deviation from standards.
2. Compactness and contiguity.
3. Common interest.
4. Review.
5. Burden on challengers.

1. Deviation from standards.

2. Compactness and contiguity.

A district is not invalid merely because it straddles a county line. In re Reapportionment of Towns of Woodbury and Worcester, 177 Vt. 556, 861 A.2d 1117 (mem.) (September 13, 2004).

Evidence that boot-shaped legislative district breached county line did not establish violation of principles of compactness and contiguity where all towns in district shared at least one common border and network of State highways connected towns. In re Reapportionment of Town of Hartland, 160 Vt. 9, 624 A.2d 323 (1993).

3. Common interest.

A district is not invalid merely because it straddles a county line. In re Reapportionment of Towns of Woodbury and Worcester, 177 Vt. 556, 861 A.2d 1117 (mem.) (September 13, 2004).

In action by two towns challenging reapportionment, evidence of common social, economic, and political ties between the towns and the other towns in their new district, together with the other criteria - numerical equality, geographic contiguity and compactness, and political boundaries - provide a rational and legitimate basis for the Legislature's decision. In re Reapportionment of Towns of Woodbury and Worcester, 177 Vt. 556, 861 A.2d 1117 (mem.) (September 13, 2004).

Fact that town was not in same county or school district as other towns did not, in itself, indicate there was no common interest nor rational basis for creation of legislative district. In re Reapportionment of Town of Hartland, 160 Vt. 9, 624 A.2d 323 (1993).

4. Review.

In reviewing specific violations claimed by petitioners challenging the reapportionment of voting districts, the redistricting plan must be considered as a whole, taking into account the statewide implications. In re Reapportionment of Towns of Woodbury and Worcester, 177 Vt. 556, 861 A.2d 1117 (mem.) (September 13, 2004).

If a redistricting plan is consistent with the fundamental constitutional requirement that districts be drawn to afford equality of representation, the Supreme Court will return it to the Legislature only when there is no rational or legitimate basis for any deviations from other constitutional or statutory criteria. In re Reapportionment of Town of Hartland, 160 Vt. 9, 624 A.2d 323 (1993).

5. Burden on challengers. To make a prima facie case, petitioners challenging the reapportionment of voting districts must show that the State has failed to meet constitutional or statutory standards or policies with regard to a specific part of the plan; only then does the burden shift to the State, to show that satisfying those requirements was impossible because of the impermissible effect it would have had on other districts. In re Reapportionment of Towns of Woodbury and Worcester, 177 Vt. 556, 861 A.2d 1117 (mem.) (September 13, 2004).

§ 1904. Legislative Apportionment Board.

There is hereby created the Legislative Apportionment Board, consisting of: a special master designated by the Chief Justice of the Supreme Court; one resident of the State of Vermont for five years immediately preceding the appointment, appointed by the Governor from each political party that has had more than three members serve as members of the General Assembly, who are not all from the same county, for at least three of the five biennial legislative sessions since the taking of the previous decennial census of the United States; and one resident of the State of Vermont for the five years immediately preceding the appointment, elected by the State committee of each of those political parties, a quorum of each committee being present and voting. No member of the Board shall serve as a member or employee of the General Assembly, or of either house thereof. The special master so designated shall be Chair of the Board, and shall call such meetings as may be necessary for the accomplishment of the duties of the Board hereafter set forth. The Secretary of State of Vermont shall be secretary of the Board, but shall have no vote. For the purpose of determining representation of a political party under this section, if a candidate for election to the General Assembly accepted a nomination from more than one political party, that candidate's party affiliation shall be only that political party to which he or she filed a petition for nomination.
Members of the Board shall first be selected on or before July 1, 1990, and thereafter members shall be selected decennially before July 1 and shall serve until their successors are selected. The appointing or electing authority shall fill vacancies.
For administrative purposes, the Board shall be part of the office of the Secretary of State, and funds for the Board's operation shall be appropriated for the Secretary of State, provided, however, that expenditures of such appropriation shall be directed by the Board.
Members of the Board not receiving a salary from the State shall receive per diem compensation and expenses as provided in 32 V.S.A. § 1010 .
The Board may employ or contract for such expert assistants or services, or both, as may be necessary to carry out its duties.
Added 1965, No. 97 , § 4; amended 1989, No. 200 (Adj. Sess.), §§ 6a, 6b; 1991, No. 116 (Adj. Sess.), § 6, eff. Feb. 13, 1992; 2009, No. 18 , § 1.

History

Amendments--2009. Subsec. (a): Amended generally.

Amendments--1991 (Adj. Sess.). Subsec. (d): Substituted "per diem compensation and expenses as provided in section 1010 of Title 32" for "$50.00 a day and their reasonable expenses while performing their duties as members" following "receive".

Amendments--1989 (Adj. Sess.). Subsec. (b): Substituted "July 1, 1990" for "July 5, 1965" preceding "and thereafter", inserted "decennially" following "shall be selected" and deleted "of the year of each second presidential election after 1964" preceding "and shall serve" in the first sentence.

Subsec. (d): Substituted "$50.00" for "$35.00" following "receive".

§ 1905. House apportionment - Tentative proposal.

On or before July 1 of the year following each decennial census under the authority of Congress, the Board shall prepare a tentative proposal for the reapportionment of the House of Representatives. Whenever, in the tentative proposal, it appears that one town or city should be divided into two or more initial districts, or that part of one town or city should be combined with part or all of another town or city to form an initial district, the Board shall immediately notify the board of civil authority of each town and city thus affected. The boards of civil authority may, on or before August 1, recommend to the Legislative Apportionment Board the manner in which initial district lines within those towns and cities should be drawn, always having regard for the standards of apportionment set forth in section 1903 of this title. Upon request of any board of civil authority, the Legislative Apportionment Board shall designate one of its members, or a person designated in section 1908 of this title, to call and preside without vote over a joint meeting of two or more boards of civil authority for the purpose of making joint recommendations.

Added 1965, No. 97 , § 5; amended 1973, No. 210 (Adj. Sess.), § 8, eff. April 3, 1974; 1981, No. 30 , § 4, eff. April 16, 1981, and shall apply to the 1981-82 reapportionment; 1989, No. 200 (Adj. Sess.), § 6c; 1991, No. 116 (Adj. Sess.), § 7, eff. Feb. 13, 1992; 1999, No. 68 (Adj. Sess.), § 1; 2001, No. 36 , § 1.

History

Amendments--2001. Substituted "July 1" for "June 1st" in the first sentence and substituted "August 1" for "July 1st" in the third sentence.

Amendments--1999 (Adj. Sess.). Substituted "June 1st" for "April 1st" in the first sentence and "July 1st" for "May 1st" in the third sentence.

Amendments--1991 (Adj. Sess.). Substituted "proposal" for "plan" following "tentative" in the section catchline and the first and second sentences, substituted "appears" for "shall appear" preceding "that one town" and inserted "initial" preceding "districts" and preceding "district" in the second sentence and following "manner in which" in the third sentence.

Amendments--1989 (Adj. Sess.). Substituted "April" for "February" preceding "1st of the year" in the first sentence and "May 1st" for "February 20th" preceding "recommend" in the third sentence.

Amendments--1981. Substituted "decennial census under the authority of Congress" for "second presidential election after 1964" in the first sentence.

Amendments--1973 (Adj. Sess.). Substituted "a person designated in section 1908 of this title" for "some other citizen of the state" in the last sentence.

ANNOTATIONS

Cited. In re Reapportionment of Town of Hartland, 160 Vt. 9, 624 A.2d 323 (1993).

§ 1906. Initial districts; final proposal; final plan.

Upon receiving recommendations made under section 1905 of this title, the Board shall consider the same, and shall, not later than August 15, prepare a final proposal for dividing the State into initial districts for the election of 150 Representatives. The Chair of the Board shall, on or before August 15, transmit such proposal to the Clerk of the House, and the proposal shall then be referred to the appropriate committee. The General Assembly shall then accept the proposal and enact it into law or substitute another plan for reapportionment; provided, however, that

the plan for initial districts finally approved shall be in conformity with the provisions of this chapter; and
be duly enacted during the said biennial legislative session.
Added 1965, No. 97 , § 6; amended 1973, No. 210 (Adj. Sess.), § 9, eff. April 3, 1974; 1981, No. 129 (Adj. Sess.), § 2, eff. March 23, 1982; 1989, No. 200 (Adj. Sess.), § 6d; 1991 No. 116 (Adj. Sess.), § 8, eff. Feb. 13, 1992; 1999, No. 68 (Adj. Sess.), § 2; 2001, No. 36 , § 2.

History

Amendments--2001. Substituted "August 15" for "July 15th" in the first and second sentences of the introductory paragraph.

Amendments--1999 (Adj. Sess.). Substituted "July 15th" for "May 15th" in the first and second sentences.

Amendments--1991 (Adj. Sess.). Section amended generally.

Amendments--1989 (Adj. Sess.). Subsec. (a): Substituted "May 15th" for "March 15th" preceding "prepare" in the first sentence and preceding "transmit" in the second sentence.

Amendments--1981 (Adj. Sess.). Subsec. (c): Added.

Amendments--1973 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a), redesignated former paragraphs (a) and (b) as present paragraphs (1) and (2), and added subsec. (b).

ANNOTATIONS

Analysis

1. Construction.
2. Failure to submit plan.

1. Construction.

In adopting a redistricting plan, the Legislature is not required to accept the apportionment board's plan. In re Reapportionment of Town of Hartland, 160 Vt. 9, 624 A.2d 323 (1993).

"Regular legislative session", as used in this section, was intended to distinguish between biennial sessions, including all adjournments thereof except final adjournment, and special sessions, so that adjourned sessions are included in the regular legislative session. 1974 Op. Atty. Gen. 185.

2. Failure to submit plan.

If the Legislative Apportionment Board does not submit a plan by March 15, the General Assembly must enact a plan for reapportionment prior to adjournment sine die of the biennial session for that year. 1974 Op. Atty. Gen. 185.

§ 1906a. Final division into representative districts.

Each initial district listed in section 1893 of this title that is entitled to one Representative shall constitute a Representative district and may elect one Representative at elections for Representatives until the next reapportionment.
Each initial district listed in section 1893 of this title that is entitled to elect two Representatives shall constitute a representative district and may elect two Representatives at elections for Representatives until the next reapportionment, unless such district is divided into two single-member representative districts as provided in section 1906b of this title, in which case the resulting single-member representative districts shall each be entitled to elect one Representative at elections for Representatives until the next reapportionment.
Each initial district listed in section 1893 of this title that is entitled to elect three or more Representatives shall be further divided into single- or two-member representative districts or a combination of single- and two-member representative districts, as provided in section 1906c of this title, each of which shall be entitled to elect the appropriate number of Representatives at elections for Representatives until the next reapportionment.
A copy of the final plan for initial districts, and approved plans for dividing multi-member districts into representative districts, shall be filed with the Secretary of State and shall be available for public inspection. In addition, a copy of the plan for dividing a multi-member initial district into representative districts shall be filed with the town clerk of each town in the district so divided.
Added 1991, No. 116 (Adj. Sess.), § 9, eff. Feb. 13, 1992.

Cross References

Cross references. Maximum of two Representatives permitted, see Vt. Const. Ch. II, § 13.

ANNOTATIONS

Cited. In re Reapportionment of Town of Hartland, 160 Vt. 9, 624 A.2d 323 (1993).

§ 1906b. Division of two-member representative districts.

An initial district entitled to two Representatives under section 1893 of this title may be divided into single-member representative districts as provided in this section.
As soon as practical after enactment of a final plan for initial districts under section 1906 of this title, the boards of civil authority of the town or towns that constitute 25 percent or more of the population of the initial district may call a meeting of the boards of civil authority of the town or towns of the initial district for the purpose of preparing a proposal for division of the district. Each board shall have one vote, provided that the proposal shall not provide for a representative district line to be drawn through a town if the board of civil authority of that town objects.
In making a proposal under this section, the boards of civil authority shall consider:
1. preservation of existing political subdivision lines;
2. recognition and maintenance of patterns of geography, social interaction, trade, political ties, and common interests;
3. use of compact and contiguous territory;
4. incumbencies.
In no initial district divided under this section shall the percentage of deviation result in a representative district that extends the limits of the overall range of the percentage of deviation in the initial district plan for reapportionment enacted by the General Assembly under section 1906 of this title.
On or before April 1 of the year of the general election next after enactment of the final plan under section 1906 of this title, the boards of civil authority of the town or towns within each initial district proposing division under this section shall present a proposal for division to the Clerk of the House, and the proposal shall be referred to the appropriate committee. If the boards of civil authority desire to divide the initial district but are unable to obtain a majority vote on a proposed division, they may notify the Clerk of the House on or before April 1 of their failure to agree on a proposal and request that the General Assembly divide the initial district, and the General Assembly may divide the initial district into single-member representative districts.
Representative districts proposed under this section shall become effective when approved by the General Assembly before adjournment sine die. The General Assembly shall approve representative districts proposed by the boards of civil authority if they are consistent with the standards set forth in this section.
Added 1991, No. 116 (Adj. Sess.), § 10, eff. Feb. 13, 1992.

ANNOTATIONS

1. Deviation from standards.

Creating legislative districts to avoid contests between incumbents is a legitimate consideration that may justify minor deviations from equal representation as long as there is adherence to constitutional and statutory criteria regarding redistricting. In re Reapportionment of Town of Hartland, 160 Vt. 9, 624 A.2d 323 (1993).

§ 1906c. Division of districts having three or more Representatives.

An initial district entitled to three or more Representatives under section 1893 of this title shall be divided into single- and two-member representative districts as provided in this section.
As soon as practical after enactment of a final plan for initial districts under section 1906 of this title, the boards of civil authority of the town or towns within an initial district having three or more Representatives shall meet and prepare a proposal for division of the district. Each board shall have one vote, provided that the proposal shall not provide for a representative district line to be drawn through a town if the board of civil authority of that town objects.
In making a proposal under this section, the boards of civil authority shall consider:
1. preservation of existing political subdivision lines;
2. recognition and maintenance of patterns of geography, social interaction, trade, political ties, and common interests;
3. use of compact and contiguous territory;
4. incumbencies.
In no initial district divided under this section shall the percentage of deviation result in a representative district that extends the limits of the overall range of the percentage of deviation in the initial district plan for reapportionment enacted by the General Assembly under section 1906 of this title.
On or before April 1 of the year of the general election next after enactment of the final plan under section 1906 of this title, the boards of civil authority of the town or towns within each initial district subject to this section shall present a proposal for division to the Clerk of the House, and the proposal shall be referred to the appropriate committee. If the boards of civil authority are unable to obtain a majority vote on a proposed division, they shall notify the Clerk of the House, on or before April 1, of their failure to agree on a proposal, and the General Assembly shall divide the initial district into representative districts.
Representative districts proposed under this section shall become effective when approved by the General Assembly before adjournment sine die. The General Assembly shall approve representative districts proposed by the boards of civil authority if they are consistent with the standards set forth in this section.
Added 1991, No. 116 (Adj. Sess.), § 11, eff. Feb. 13, 1992.

ANNOTATIONS

1. Deviation from standards.

§ 1907. Senate apportionment.

1. On or before July 1 of each year following the taking of a decennial census under the authority of Congress, the Board shall prepare a proposal for reapportionment of the Senate, apportioning the 30 senatorial seats among the counties or combinations of counties with a maximum of three members in each proposed district, and in such manner as to achieve substantial equality in the choice of members as guaranteed by the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. (a) (1) On or before July 1 of each year following the taking of a decennial census under the authority of Congress, the Board shall prepare a proposal for reapportionment of the Senate, apportioning the 30 senatorial seats among the counties or combinations of counties with a maximum of three members in each proposed district, and in such manner as to achieve substantial equality in the choice of members as guaranteed by the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution.
2. The Chair of the Board shall transmit such proposal to the Secretary of the Senate and it shall be referred to the appropriate committee.
The General Assembly shall then accept the proposal and enact it into law or enact into law a substitute plan for reapportionment of the Senate that limits each senatorial district to a maximum of three members.
Added 1965, No. 97 , § 7; amended 1989, No. 200 (Adj. Sess.), § 6e; 1991, No. 217 (Adj. Sess.), § 2, eff. May 22, 1992; 1999, No. 68 (Adj. Sess.), § 3; 2001, No. 36 , § 3; 2019, No. 2 , § 1, eff. Jan. 1, 2021.

History

Amendments--2019 Added the subsec. (a) and (b) designations.

Subdiv. (a)(1): Inserted "with a maximum of three members in each proposed district, and" following "combinations of counties".

Subsec. (b): Substituted "enact into law a substitute" for "substitute another plan" and inserted "that limits each senatorial district to a maximum of three members" at the end.

Amendments--2001. Substituted "July 1" for "June 1st" and "30" for "thirty" in the first sentence.

Amendments--1999 (Adj. Sess.). Substituted "June 1st" for "April 1st" in the first sentence.

Amendments--1991 (Adj. Sess.). Substituted "proposal for" for "plan of" preceding "reapportionment" in the first sentence and "chair" for "chairman" preceding "of the board", "plan" for "proposal" following "transmit such" and "referred to the appropriate committee" for "treated by the senate as a bill for the reapportionment of the seats of the senate for the ensuing five general assemblies" following "it shall be" in the second sentence, and added the third sentence.

Amendments--1989 (Adj. Sess.). Substituted "April 1st" for "February 1st" following "before" in the first sentence.

Effect of 1991 (Adj. Sess.) amendment on incumbent Senators. Act 1991, No. 217 (Adj. Sess.), § 3, eff. May 22, 1992, provided in part that Senators holding office as of May 22, 1992, or their successors in the event of a vacancy, shall remain in office until the expiration of the term to which they were elected.

ANNOTATIONS

1. Use of population figures.

In redistricting, county lines must, if necessary, give way to the higher priority of equal representation by population. In re Reapportionment of Town of Hartland, 160 Vt. 9, 624 A.2d 323 (1993).

Reapportionment of State Senate must be done on the basis of population, not as a federal requirement, but as a directive of the State Constitution; thus Senate bill that was passed by both houses and became law could not stand where bill did not reapportion Senate on basis of population. In re Senate Bill 177, 130 Vt. 358, 294 A.2d 653 (1972).

§ 1908. Powers of Board.

The Legislative Apportionment Board shall have the following powers:

To call for, and receive, the assistance of any State, county, or municipal official or employee in obtaining information regarding the population in any county, town, city, village, ward, precinct, or water, fire, or school district;
To hold public hearings in any town or city for the purpose of obtaining information relevant to reapportionment of the General Assembly;
To delegate, under regulations adopted by it, any of the foregoing powers to one or more of its members, or to investigators or hearing examiners in its employ.
Added 1965, No. 97 , § 8; amended 1981, No. 30 , § 5, eff. April 16, 1981.

History

Amendments--1981. Deleted the subsection designation at the beginning of the section, deleted former subdivs. (1) and (2), redesignated former subdivs. (3)-(5) as present subdivs. (1)-(3), and substituted "population" for "number of legal voters".

§ 1909. Review.

Within 30 days of the effective date of any apportionment bill enacted pursuant to section 1906b, 1906c, or 1907 of this chapter, any five or more voters of the State aggrieved by the plan or act may petition the Supreme Court of Vermont for review of same.
The sole grounds of review to be considered by the Supreme Court shall be that the apportionment plan, or any part of it, is unconstitutional or violates section 1903 of this chapter.
The Supreme Court may consolidate two or more appeals, as the interests of justice may require, with due regard for expediting decision in all appeals.
The Supreme Court may designate one or more Justices, one or more Superior judges, or one or more masters, to take testimony and make findings of fact in any appeal or consolidated appeals under this section.
In the event the Supreme Court allows any appeal upon one or both grounds set forth in subsection (b) of this section, it shall forward its opinion and decision to the General Assembly, which shall forthwith revise and correct the apportionment law in light of the Supreme Court's decision, to conform to the requirements of law. The Supreme Court shall retain jurisdiction until the General Assembly has produced a plan conforming to all constitutional and statutory requirements, which plan shall thereupon become law.
The review provided in this section shall be the original and exclusive review of legislative apportionment in the courts of this State.
Added 1965, No. 97 , § 9; amended 1991, No. 116 (Adj. Sess.), § 12, eff. Feb. 13, 1992; 2019, No. 67 , § 4.

History

Revision note. Reference to "masters in chancery" in subsec. (d) changed to "masters" pursuant to 1971, No. 185 (Adj. Sess.), § 236(d) and 1973, No. 193 (Adj. Sess.), § 3. See note under 4 V.S.A. § 219.

Amendments--2019. Subsec. (a): Substituted "chapter" for "title" and "voters" for "freemen and freewomen".

Subsec. (b): Substituted "chapter" for "title".

Amendments--1991 (Adj. Sess.). Subsec. (a): Substituted "30" for "thirty" preceding "days", deleted "of any final plan of reapportionment promulgated hereunder by the legislative apportionment board, or" following "date" and substituted "enacted pursuant to sections 1906b, 1906c or 1907 of this title" for "passed in lieu of a final plan of the board" following "bill".

Subsec. (e): Substituted "general assembly" for "legislative apportionment board" following "decision to the" and deleted "plan or" preceding "law in light" in the first sentence and for "board" preceding "has produced" in the second sentence.

ANNOTATIONS

Analysis

1. Scope of review.
2. Reconsideration by Legislature.

1. Scope of review.

Supreme Court review of act reapportioning State Senate was limited to testing it by the appropriate constitutional and statutory standards, even in the presence of alternatives that give the appearance of better representation. In re Senate Bills 177 & 83, 132 Vt. 282, 318 A.2d 157 (1974).

2. Reconsideration by Legislature.

Failure of Legislature to consider all relevant constitutional and statutory criteria with respect to establishment of legislative district necessitated legislative reconsideration. In re Reapportionment of Town of Hartland, 160 Vt. 9, 624 A.2d 323 (1993).

§§ 1910, 1911. Repealed. 1973, No. 210 (Adj. Sess.), § 10, eff. April 3, 1974.

History

Former §§ 1910, 1911. Former § 1910, relating to special provisions, was derived from 1965, No. 97 , § 10.

Former § 1911, relating to modification of plan, was derived from 1965, No. 97 , § 11.

CHAPTER 35. OFFENSES AGAINST THE PURITY OF ELECTIONS

SUBCHAPTER 1. PENALTIES UPON OFFICERS

SUBCHAPTER 2. PENALTIES UPON VOTERS

SUBCHAPTER 3. MISCELLANEOUS

Subchapter 1. Penalties Upon Officers

§ 1931. Presiding officer receiving illegal vote.

A presiding officer in a local, primary, or general election who knowingly receives and counts a vote from a person not a qualified voter or knowingly receives from a voter, at any one balloting for the same office, more than one vote shall be fined not more than $100.00 if the offense is committed in a local election and not more than $500.00 if in a primary or general election.

Amended 2013, No. 161 (Adj. Sess.), § 1.

History

Source. V.S. 1947, § 375. P.L. § 336. G.L. § 284. 1917, No. 254 , § 286. P.S. § 224. V.S. § 5117. R.L. § 4297. 1874, No. 58 , § 1. G.S. 1, § 73. R.S. 1, § 70. R. 1797, p. 551, § 8. 1793, p. 18.

Amendments--2013 (Adj. Sess.). Substituted "local" for "town, village, or school district meeting or in a" preceding "primary, or general election" and "local election" for "town, village, or school district meeting," following "offense is committed in a", and made a minor stylistic change.

Cross References

Cross references. Count and return of votes generally, see chapter 51, subchapter 8 of this title.

§ 1932. Counting ballots and opening ballot boxes before proper time.

A presiding officer at a primary or general election who allows the ballots for representative to the General Assembly, or State, county, or congressional officers to be counted or, except as provided in section 2499 of this title, the ballot box containing the same to be opened before the closing of the polls shall be fined not more than $200.00 nor less than $20.00.

Amended 1961, No. 198 , § 4, eff. July 5, 1961; 2013, No. 161 (Adj. Sess.), § 1.

History

Source. V.S. 1947, § 376. 1939, No. 4 , § 6. 1935, No. 8 , § 6. P.L. § 337. G.L. § 285. 1917, No. 254 , § 287. P.S. § 225. 1902, No. 5 , § 1.

Amendments--2013 (Adj. Sess.). Section heading: Inserted "ballots" and substituted "opening" for "turning".

Inserted "primary or" following "A presiding officer at a" and ", except as provided in section 2499 of this title," following "officers to be counted or", and substituted "opened" for "turned" following "the same to be", "the closing of" for "the hour set by the legislative branch for closing" preceding "the polls", and "$200.00" for "$100.00" following "fined not more than".

Amendments--1961. Substituted "the hour set by the legislative branch for closing the polls" for "six o'clock in the afternoon".

Cross References

Cross references. Count and return of ballots generally, see chapter 51, subchapter 8 of this title.

Counting ballots before close of polls, see § 2573 of this title.

Hours of voting, see § 2561 of this title.

§ 1933. Nonperformance of duty by public officer.

Except as otherwise provided by this title, a public officer upon whom a duty is imposed by the provisions of this title who willfully neglects to perform such duty or who willfully performs it in such a way as to hinder the object of the provisions of this title shall be fined not more than $500.00.

Amended 2013, No. 161 (Adj. Sess.), § 1.

History

Source. V.S. 1947, § 377. P.L. § 338. 1933, No. 157 , § 279. G.L. § 286. 1917, No. 254 , § 288. P.S. § 226. V.S. § 5124. 1892, No. 1 , § 37. 1890, No. 9 , § 37. R.L. § 4298. G.S. 1, § 72. R.S. 1, § 69. 1832, No. 11 , § 11.

Amendments--2013 (Adj. Sess.). Substituted "Except as otherwise provided by this title, a" for "A" at the beginning, "willfully" for "wilfully" twice, and deleted "; but the provisions of this section shall not apply to a public officer upon whom a duty is imposed by the provisions of chapter 9, section 571 of chapter 11, and chapter 13 of this title, the nonperformance of which is an offense under either of such chapters" at the end.

ANNOTATIONS

1. Sufficiency of information.

An information under this section charging an election officer with willful neglect of duty in failing to deposit ballots in the ballot box, which did not show that the meeting was legally warned, was insufficient. State v. Dee, 83 Vt. 462, 76 A. 151 (1910).

Subchapter 2. Penalties Upon Voters

§ 1971. Casting more than one ballot.

A legal voter who knowingly casts more than one ballot at any one time of balloting for the same office shall be fined not more than $1,000.00 if the offense is committed at a primary or general election, and not more than $100.00 if committed at a local election.

Amended 2001, No. 5 , § 10; 2013, No. 161 (Adj. Sess.), § 1.

History

Source. V.S. 1947, § 378. P.L. § 339. G.L. § 287. 1917, No. 254 , § 289. P.S. § 227. V.S. § 5111. R.L. § 4291. G.S. 1, § 67. G.S. 15, § 97. R.S. 1, § 64. R.S. 13, § 79. 1832, No. 11 , § 12. 1806, p. 101. R. 1797, p. 551, § 7. 1793, p. 17. R. 1787, p. 51.

Amendments--2013 (Adj. Sess.). Inserted "primary or" preceding "general" and substituted "at a local election" for "in town meeting" at the end.

Amendments--2001. Substituted "casts" for "gives in at an election" following "knowingly" and substituted "$1,000.00" for "$100.00" and "$100.00" for "$10.00".

Cross References

Cross references. Process of voting generally, see chapter 51, subchapter 7 of this title.

§ 1972. Showing ballot; interference with voter.

A voter who, except in cases of assistance as provided in this title, allows his or her ballot to be seen by another person with an apparent intention of letting it be known how he or she is about to vote or makes a false statement to the presiding officer at an election as to his or her inability to mark his or her ballot or places a distinguishing mark on his or her ballot or a person who interferes with a voter when inside the guard rail or who, within the building in which the voting is proceeding, endeavors to induce a voter to vote for a particular candidate, shall be fined $1,000.00.
It shall be the duty of the election officers to see that the offender is duly prosecuted for a violation of this section.
Amended 2001, No. 5 , § 11; 2013, No. 161 (Adj. Sess.), § 1.

History

Source. V.S. 1947, § 379. P.L. § 340. G.L. § 288. P.S. § 228. V.S. § 5121. 1892, No. 1 , § 34. 1890, No. 9 , § 4.

Amendments--2013 (Adj. Sess.). Subsec. (a): Added the subsection designation and deleted the comma following "his or her ballot".

Subsec. (b): Added the subsection designation and inserted "for a violation of this section" at the end.

Amendments--2001. Inserted "or she" following "he" and "or her" following "his" wherever it appeared in the first sentence, and substituted "$1,000.00" for "$50.00" in that sentence.

Cross References

Cross references. Process of voting generally, see chapter 51, subchapter 7 of this title.

§ 1973. Voting in more than one place.

A person who, on the same day, votes in more than one town, district, or ward for the same office shall be fined not more than $1,000.00.

Amended 2001, No. 5 , § 12.

History

Source. V.S. 1947, § 380. P.L. § 341. G.L. § 289. P.S. § 229. V.S. § 5115. R.L. § 4295. G.S. 1, § 70. R.S. 1, § 67. 1812, p. 130.

Amendments--2001. Substituted "than one town, district, or ward" for "towns than one" preceding "for the same" and "office" for "officers" thereafter, and substituted "$1,000.00" for '$100.00".

Cross References

Cross references. Process of voting generally, see chapter 51, subchapter 7 of this title.

§ 1974. Voter omitted from list, voting in another political subdivision.

A person who is a resident and entitled to vote in a political subdivision in which a checklist of voters has been made previous to an election, whose name, through his or her neglect, is not entered thereon, who votes in another political subdivision at such election shall be fined not more than $200.00.

Amended 2013, No. 161 (Adj. Sess.), § 1.

History

Source. V.S. 1947, § 381. P.L. § 342. G.L. § 290. P.S. § 230. V.S. § 5118. R.L. § 4299. 1876, No. 93 .

Amendments--2013 (Adj. Sess.). Substituted "political subdivision" for "town" in the section heading and inserted "who is a" following "A person", and substituted "political subdivision" for "town" twice.

Cross References

Cross references. Process of voting generally, see chapter 51, subchapter 7 of this title.

Subchapter 3. Miscellaneous

§ 2011. Perjury before board making checklist.

A person who knowingly swears falsely to a fact or matter that may be the subject of inquiry by the board of civil authority or town clerk in revising the checklist as provided in this title shall be guilty of perjury and imprisoned not more than 15 years or fined not more than $1,000.00, or both.

Amended 1971, No. 199 (Adj. Sess.), § 17; 1981, No. 223 (Adj. Sess.), § 23; 2013, No. 161 (Adj. Sess.), § 1.

History

Source. V.S. 1947, § 382. P.L. § 343. G.L. § 291. P.S. § 231. V.S. § 5120. R.L. § 4301. 1866, No. 15 , § 7.

Amendments--2013 (Adj. Sess.). Inserted "or town clerk" following "board of civil authority" and substituted "or" for "and" following "15 years".

Amendments--1981 (Adj. Sess.). Penalty provisions were amended so that both imprisonment and fines may be imposed.

Amendments--1971 (Adj. Sess.). Deleted "in the state prison" following "imprisoned".

Cross References

Cross references. Registration of voters generally, see chapter 43 of this title.

ANNOTATIONS

1. Sufficiency of indictment.

An indictment charging defendant with perjury committed before the board of civil authority in an attempt to get his name placed on the checklist of voters was fatally defective where the jurisdiction of the board was not set forth with certainty and where it was not alleged that he was not legally entitled to vote or to have his name on the list; the allegations in the indictment that the board was in session to hear challenges to the qualifications of persons whose names were on the list and all alterations to be made in the list, and that the defendant appeared and requested to have his name added to the list, were not sufficient to show that the board had authority. State v. McCone, 59 Vt. 117, 7 A. 406 (1886).

§ 2012. Procuring change in list wrongfully.

A person who, directly or indirectly, procures or causes to be procured or aids in procuring the name of a person to be inserted on a checklist of voters, knowing such person not to be a voter in the political subdivision for which such list is made or, directly or indirectly, procures or causes to be procured or aids in procuring the name of a person to be erased from such list, knowing him or her to be a legal voter in such political subdivision, shall be fined not more than $200.00.

Amended 2013, No. 161 (Adj. Sess.), § 1.

History

Source. V.S. 1947, § 383. P.L. § 344. G.L. § 292. 1917, No. 254 , § 294. P.S. § 232. V.S. § 5119. R.L. § 4300. 1866, No. 15 , §§ 5, 6.

Amendments--2013 (Adj. Sess.). Substituted "political subdivision" for "town" twice and "$200.00" for "$100.00" at the end.

Cross References

Cross references. Registration of voters generally, see chapter 43 of this title.

§ 2013. False answer as to right to vote.

A person who knowingly gives a false answer or information to the presiding officer at a local, primary, or general election or to the authority present to decide upon the qualifications of voters, touching a person's right to vote at such election, shall be fined not more than $200.00.

Amended 2013, No. 161 (Adj. Sess.), § 1.

History

Source. V.S. 1947, § 384. P.L. § 345. G.L. § 293. P.S. § 233. V.S. § 5116. R.L. § 4296. G.S. 1, § 68. R.S. 1, § 65.

Amendments--2013 (Adj. Sess.). Inserted "local, primary, or" following "presiding officer at a", and substituted "$200.00" for "$100.00" at the end.

§ 2014. Unqualified person voting.

A person, knowing that he or she is not a qualified voter, who votes at a local, primary, or general election for an officer to be elected at that election shall be fined not more than $200.00.

Amended 2013, No. 161 (Adj. Sess.), § 1.

History

Source. V.S. 1947, § 385. P.L. § 346. G.L. § 294. P.S. § 234. V.S. § 5109. R.L. § 4290. 1874, No. 58 , § 2. G.S. 1, § 66. R.S. 1, § 63. 1832, No. 11 , § 12. R. 1797, p. 551, § 7. 1793, p. 17. R. 1787, p. 51.

Amendments--2013 (Adj. Sess.). Substituted "local, primary, or" for "town, village, or school district meeting or a" following "who votes at a", "that" for "such meeting or" following "to be elected at", and "$200.00" for "$100.00" at the end.

Cross References

Cross references. Process of voting generally, see chapter 51, subchapter 7 of this title.

§ 2015. Fraudulent voting.

A person who personates another, living or dead, and gives or offers to give a vote in the name of that other person or gives or offers to give a vote under a fictitious name at a local, primary, or general election for an officer to be elected at that election shall be imprisoned not more than one year or fined not more than $200.00, or both.

Amended 1981, No. 223 (Adj. Sess.), § 23; 2013, No. 161 (Adj. Sess.), § 1.

History

Source. V.S. 1947, § 386. P.L. § 347. G.L. § 295. P.S. § 235. V.S. § 5110. 1884, No. 61 , § 1.

Amendments--2013 (Adj. Sess.). Substituted "that other person" for "such other person" following "in the name of", "local, primary, or" for "town, village, or school district meeting or a" following "fictitious name at a", "that election" for "such meeting or election," and "$200.00" for "$100.00" at the end.

Amendments--1981 (Adj. Sess.). Penalty provisions were amended so that both imprisonment and fines may be imposed.

Cross References

Cross references. Process of voting generally, see chapter 51, subchapter 7 of this title.

§ 2016. Aiding unqualified voter to vote.

A person who willfully aids or abets a person who is not a duly qualified voter in voting or attempting to vote at a local, primary, or general election shall be fined not more than $200.00.

Amended 2013, No. 161 (Adj. Sess.), § 1.

History

Source. V.S. 1947, § 387. 1947, No. 202 , § 390. P.L. § 348. G.L. § 296. P.S. § 236. V.S. § 5112. R.L. § 4292. G.S. 1, § 69.

Amendments--2013 (Adj. Sess.). Substituted "willfully" for "wilfully" following "A person who" and "$200.00" for "$100.00" at the end, and inserted "local, primary, or" following "to vote at a".

Cross References

Cross references. Process of voting generally, see chapter 51, subchapter 7 of this title.

§ 2017. Undue influence.

A person who attempts by bribery, threats, or any undue influence to dictate, control, or alter the vote of a voter about to be given at a local, primary, or general election shall be fined not more than $200.00.

Amended 2013, No. 161 (Adj. Sess.), § 1; 2019, No. 67 , § 5.

History

Source. V.S. 1947, § 388. P.L. § 349. G.L. § 297. P.S. § 237. V.S. § 5113. R.L. § 4293. G.S. 1, § 74. R.S. 1, § 71. 1832, No. 11 , § 12.

Amendments--2019. Substituted "voter" for "freemen and freewomen".

Amendments--2013 (Adj. Sess.). Inserted "or freewoman" following "of a freeman" and "local, primary, or" following "to be given at a".

Cross References

Cross references. Process of voting generally, see chapter 51, subchapter 7 of this title.

§ 2018. Repealed. 2013, No. 161 (Adj. Sess.), § 1.

History

Former § 2018. Former § 2018, relating to use of intoxicating liquors to influence votes, was derived from V.S. 1947, § 389; 1947, No. 22 , § 392; P.L. § 350; G.L. § 298; P.S. § 238; V.S. § 5114; R.L. § 4294; G.S. 1, § 75; R.S. 1, § 72; 1806, p. 147.

§ 2019. Destroying lists; hindering voting.

A person who, prior to a local, primary, or general election, willfully defaces or destroys any list of candidates posted in accordance with law or, during that election, willfully defaces, tears down, removes, or destroys any card posted for the instruction of voters or, during that election, willfully removes or destroys any of the supplies or conveniences furnished to enable a voter to prepare his or her ballot or willfully hinders the voting of others shall be fined $200.00.

Amended 2013, No. 161 (Adj. Sess.), § 1.

History

Source. V.S. 1947, § 390. P.L. § 351. G.L. § 299. P.S. § 239. V.S. § 5122. 1892, No. 1 , § 35. 1890, No. 9 , § 35.

Amendments--2013 (Adj. Sess.). Substituted "a local, primary, or general" for "an" following "prior to", "that" for "an" twice, and "$200.00" for "$50.00" at the end, and made a minor stylistic change.

§ 2020. Repealed. 2013, No. 161 (Adj. Sess.), § 1.

History

Former § 2020. Former § 2020, relating to offenses applying to primary elections, was derived from V.S. 1947, § 391; P.L. § 352; G.L. § 300; 1917, No. 254 , § 302.

§ 2021. Destruction of or fraudulent acts pertaining to primary election documents; alteration or delay of ballots.

A person who falsely makes or willfully defaces or destroys a primary petition, certificate of nomination, or nomination paper or any part thereof, or any letter of assent or of withdrawal, or who files a primary petition, certificate of nomination, nomination paper, letter of assent, or letter of withdrawal knowing the same or any part thereof to be falsely made, or who suppresses a primary petition, certificate of nomination, nomination paper, letter of assent, or letter of withdrawal or any part thereof that has been filed, or forges or falsely makes the official endorsement upon a ballot to be used at a primary or at an election or willfully destroys or defaces such a ballot or willfully delays the delivery of such ballots shall be fined $200.00.

Amended 2013, No. 161 (Adj. Sess.), § 1.

History

Source. V.S. 1947, § 392. P.L. § 353. G.L. § 301. 1917, No. 254 , § 303. P.S. § 240. V.S. § 5123. 1892, No. 1 , § 36. 1890, No. 9 , § 36.

Amendments--2013 (Adj. Sess.). Section heading: Rewrote the heading.

Substituted "endorsement" for "indorsement" following "makes the official" and "$200.00" for "$100.00" at the end, and made a stylistic change.

Cross References

Cross references. Nomination of candidates generally, see chapter 49 of this title.

§ 2022. Repealed. 1997, No. 64, § 21.

History

Former § 2022. Former § 2022, relating to anonymous political literature, was derived from 1963, No. 159 .

CHAPTER 36. LIMITATIONS ON ELECTION EXPENSES

Sec.

§§ 2051-2057. Repealed. 1981, No. 197 (Adj. Sess.), § 2.

History

Former §§ 2051-2057. Former § 2051, relating to definitions, was derived from 1971, No. 259 (Adj. Sess.) and amended by 1975, No. 188 (Adj. Sess.), § 1. The subject matter is now covered by § 2901 of this title.

Former § 2052, relating to campaign reports, was derived from 1971, No. 259 (Adj. Sess.) and amended by 1975, No. 188 (Adj. Sess.), § 2; 1977, No. 34 , § 2. The subject matter is now covered by chapter 61, subchapter 4 of this title.

Former § 2053, relating to filing of campaign reports, was derived from 1971, No. 259 (Adj. Sess.) and amended by 1975, No. 188 (Adj. Sess.), § 3; 1977, No. 34 , § 1. The subject matter is now covered by chapter 61, subchapter 4 of this title.

Former § 2054, relating to limitations on contributions, was derived from 1971, No. 259 (Adj. Sess.) and amended by 1975, No. 188 (Adj. Sess.), § 4. The subject matter is now covered by chapter 61, subchapter 3 of this title.

Former § 2055, relating to limitation on expenses, was derived from 1971, No. 259 (Adj. Sess.) and previously repealed by 1975, No. 188 (Adj. Sess.), § 7. The subject matter is now covered by chapter 61, subchapter 3 of this title.

Former § 2056, relating to enforcement by board of elections, was derived from 1971, No. 259 (Adj. Sess.), amended by 1975, No. 188 (Adj. Sess.), § 5, and previously repealed by 1977, No. 34 , § 3. The subject matter is now covered by § 2904 of this title.

Former § 2057, relating to penalties, was derived from 1975, No. 188 (Adj. Sess.), § 6. The subject matter is now covered under § 2903 of this title.

CHAPTER 41. PURPOSES, SHORT TITLE, DEFINITIONS

Sec.

§ 2101. Purposes.

This title is intended to carry out the mandate contained in Article 8 of Chapter I of the Constitution of the State of Vermont. In this pursuit, the specific purposes of this title are:

to provide equal opportunity for all citizens of voting age to participate in political processes;
to assure that political campaigns are fairly and honestly conducted and financed;
to define unacceptable conduct among political candidates and public servants;
to ensure that public service will be in the public interest, rather than the special interest of groups or individuals;
to encourage citizens to become more actively involved in the political processes that affect the quality of life; and
to provide uniform practices and procedures in the conduct of elections throughout the State.
Added 1977, No. 269 (Adj. Sess.), § 1.

History

2018. In the introductory paragraph, substituted "This title" for "This act" at the beginning of the first sentence and "this title" for "this act" near the end of the second sentence in accordance with 1979, No. 200 (Adj. Sess.), § 1 and inserted "of Chapter I" following "Article 8" in the first sentence to correct the cross-reference to Vt. Const. Ch. I, Art. 8,; added subdiv. designations; and made grammatical and stylistic changes in subdivs. (4) and (5).

§ 2102. Short title.

This title may be referred to and cited as the "Vermont Election Laws."

Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 1.

History

Amendments--1979 (Adj. Sess.). Substituted "This title" for "This act" and "Vermont Election Laws" for "Vermont Elections Act".

§ 2103. Definitions.

As used in this title, unless the context or a specific definition requires a different reading:

"Early or absentee voter" means any voter of the State who has requested an early voter absentee ballot as provided in chapter 51, subchapter 6 of this title.
"Accept" means to solicit, receive, or agree to receive.
"Anything of value" means, without limitation, tangible or intangible property, money, commercial interests, or governmental employment. A promise to pay or deliver such property is a thing of value even if the promise is unenforceable or impossible to perform.
"Australian ballot system" means the technique of having the polls open for voting on specified and warned matters during a warned, extended period, which may be during or after a municipal meeting, or both. An "Australian ballot" means a uniformly printed ballot, typically confined to the secret vote election of specified offices as previously warned to be voted upon by the Australian ballot system. The term "Australian ballot" includes any ballots counted by a vote tabulator approved for use in any election conducted in the State.
"Board of civil authority" means, unless otherwise provided by municipal charter, in the case of a town, the selectboard and town clerk and the justices residing therein; in the case of a city, the mayor, aldermen, city clerk, and justices residing therein; in the case of a village, the trustees, village clerk, and the justices residing therein; and, in any case, such suitable member or members of unrepresented or insufficiently represented political parties as may be appointed members of the board of civil authority under the provisions of section 2143 of this title. Except as otherwise provided in this title, those members of the board of civil authority present and voting shall constitute a quorum, provided that official action may not be taken without the concurrence of at least three members of the board.
"Campaign" means any organized or coordinated activity undertaken by two or more persons, any part of which is designed to influence the nomination, election, or defeat of any candidate or the passage, defeat, or modification of any public question.
"Candidate" means an individual who has taken any affirmative action to become a candidate for public office. A person takes affirmative action by:
1. accepting a contribution or making an expenditure directly or indirectly;
2. filing the requisite petition for one of the named positions or being nominated by primary or otherwise; or
3. publicly announcing that he or she seeks such a position.
[Repealed.]
"Contribution" means a payment, distribution, advance, deposit, loan, or gift of anything of value, paid or promised to be paid (whether or not the promise is legally enforceable) to a person or political committee for the purpose of supporting or opposing one or more campaigns, but shall not include services provided without compensation by individuals volunteering their time on behalf of a candidate or political committee, nor bona fide commercial loans. "Contribution" includes any transfer between committees or candidates. A contribution is deemed to be made on the date when any promise or pledge is made or when liability for anything of value is assumed.
"County officer" means judge of Probate, assistant judge of the Superior Court, State's Attorney, sheriff, and high bailiff.
"Election" means the procedure whereby the voters of this State, or any of its political subdivisions, select persons to fill public offices or act on public questions.
"Expenditure" means a payment, disbursement, distribution, advance, deposit, loan, or gift of anything of value, paid or promised to be paid (whether or not the promise is legally enforceable) for the purpose of supporting or opposing any campaign.
"File" or "filed" means deposited in the regularly maintained office of the official with whom the filing is to be made. A document is not "filed" until received at the official's office. If the last day for filing petitions, consent forms, or other documents or reports falls on a Saturday, Sunday, or legal holiday, then the deadline shall be extended to 5:00 p.m. on the next day that is not a Saturday, Sunday, or legal holiday.
"Voter's oath" means the oath prescribed in Chapter II, § 42 of the Constitution of Vermont.
"General election" means the election held on the first Tuesday after the first Monday in November, in even-numbered years.
"Give" means to offer, present, confer, pay, or deliver; also to agree or promise to do any of the foregoing. But it shall not include a promise openly made in the course of a campaign to support or oppose some named governmental action.
"Legislative body" means the selectboard in the case of a town; the city council, mayor, and alder board in the case of a city; the trustees or bailiffs in the case of a village; the school board in the case of a school district; and the prudential committee in the case of a fire district.
1. "Local election" means any election that deals with the selection of persons to fill public office or the settling of public questions solely within a single municipality. (18) (A) "Local election" means any election that deals with the selection of persons to fill public office or the settling of public questions solely within a single municipality.
2. "Local election" also means an election to settle a public question in several municipalities, in which the municipalities must unanimously concur if the question is to be approved.
3. The election of a Representative to the General Assembly is not a "local election."
"Military service" means active service by any person, as a member of any branch or department of the U.S. Army, Navy, Air Force, Coast Guard, or Marine Corps or as a reservist absent from his or her place of residence and undergoing training under Army, Navy, Air Force, Coast Guard, or Marine Corps direction, at a place other than the person's residence.
"Military service early or absentee voter" means a person who is unable to attend at his or her regular polling place and who comes within one of the following categories:
1. persons in the military service and their spouses and dependents;
2. a patient in a veterans' hospital located in any place other than his or her place of residence; or
3. civilians attached to or serving with the U.S. Armed Forces outside this State and their spouses and dependents when residing with or accompanying them.
"Person" means any individual, business entity, labor organization, public interest group, or other organization, incorporated or unincorporated.
[Repealed.]
"Political party" is any group of individuals that has organized and filed its certificate of organization with the Secretary of State, pursuant to chapter 45 of this title.
1. A "major political party" is a political party whose candidate for any State office in the most recent general election polled at least five percent of the vote cast for that office.
2. A "minor political party" is any political party that is not a major political party.
"Political subdivision" means any county, municipality (including cities, towns, and villages), representative district, senatorial district, school district, fire district, water, sewer, or utility district, ward, and any consolidation of the foregoing entities authorized under the laws of this State.
"Primary" means any election that precedes a general or special election, for the purpose of permitting political parties to nominate, from among all of the candidates for any office, only that number of candidates equal to the number of persons to be elected to that office at the succeeding general or special election.
"Public office" means any office in the U.S. government or any office in the government of this State or any of its political subdivisions that is filled by vote of the voters of the State or subdivision.
"Public question" means any question, issue, proposition, or referendum (whether binding or advisory) submitted or required by law to be submitted to the voters of the State or any political subdivision of the State, for a decision.
"Public servant" means the holder of any public office, as well as any employee of the State not in the classified service.
"Representative district clerk" means, in each representative district, the clerk of that town or part of a town having the largest population in the district. However, when part of one town is joined with all of another town to form a representative district, the clerk of the latter town shall be representative district clerk.
"Resident" means a natural person who is domiciled in this State as evidenced by an intent to maintain a principal dwelling place in the State indefinitely and to return there if temporarily absent, coupled with an act or acts consistent with that intent. A married person may have a domicile independent of the domicile of his or her spouse.
"Senatorial district clerk" means the county clerk for those towns within a senatorial district aggregating the largest population.
"Special election" means an election that is not provided for by law to be held at stated intervals.
1. "State office" means the office of Governor, Lieutenant Governor, State Treasurer, Secretary of State, Auditor of Accounts, and Attorney General. (33) (A) "State office" means the office of Governor, Lieutenant Governor, State Treasurer, Secretary of State, Auditor of Accounts, and Attorney General.
2. "State officer" is the holder of a State office.
"Town" includes "city."
"Town clerk" means a town officer elected pursuant to section 2646 of this title or otherwise elected or appointed by law and performing those duties prescribed by 24 V.S.A. chapter 35.
"Voter" means an individual who is qualified to vote in an election in this State or a political subdivision of this State, and whose name is registered on the checklist of a political subdivision of the State.
"Year" means a calendar year.
"State institution" means the Vermont State Hospital, correctional facilities, and other similar public institutions, established or funded, or both, by public funds within the State of Vermont, not including educational institutions.
"Motor vehicle driver's license" means any personal identification document issued by the Department of Motor Vehicles under Title 23.
"Secretary" means the Secretary of State. The Secretary of State shall be the chief State election official for purposes of the National Voter Registration Act of 1993.
"Voter registration agency" or "agency" means all State offices that provide public assistance, all State offices that provide State-funded programs primarily engaged in providing services to persons with disabilities, any federal and nongovernmental offices that have agreed to be designated by the Secretary as a voter registration agency, and any State or local agency designated by the Secretary as a voter registration agency. State and local agencies designated by the Secretary may include the Departments of Taxes and of Labor and offices that provide services to persons with disabilities other than those that provide State-funded programs primarily engaged in providing services to persons with disabilities.
"Voter registration application forms," "application forms," or "forms" mean the voter registration application forms or the voter registration application portion of a motor vehicle driver's license application approved by the Secretary of State under sections 2145 and 2145a of this title.
"Vote tabulator" means a machine that registers and counts paper ballots and includes optical scan tabulators.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 198 (Adj. Sess.), § 2; 1979, No. 200 (Adj. Sess.), §§ 2-6; 1981, No. 30 , § 8, eff. April 16, 1981, and shall apply to the 1981-82 reapportionment; 1985, No. 196 (Adj. Sess.), § 2; 1985, No. 198 (Adj. Sess.), §§ 4, 5; 1997, No. 47 , §§ 1, 11; 2001, No. 5 , § 1; 2001, No. 6 , §§ 1, 12(b), eff. April 10, 2001; 2009, No. 40 , § 5; 2013, No. 161 (Adj. Sess.), §§ 2, 72; 2017, No. 50 , § 2.

History

Reference in text. The National Voter Registration Act of 1993, referred to in subdiv. (40), is codified as 39 U.S.C. §§ 2401, 3627, and 3629; 52 U.S.C. ch. 205.

2016. In subdivs. (23) and (33) added subdiv. (A) and (B) designations.

Revision note - Reference to chapter 47 in subdiv. (23) changed to chapter 45 to conform reference to renumbering of chapter.

Amendments--2017. Subdiv. (10): Inserted "and" preceding "high bailiff"; and deleted ", and justice of the peace" following "high bailiff".

Subdiv. (18): Added the subdiv. (A) through (C) designations, and substituted "that" for "which" following "election" in subdiv. (A).

Amendments--2013 (Adj. Sess.). Subdiv. (4): Substituted "ballots counted by a vote tabulator" for "voting machines" following "includes any" and deleted "so" following "use in any election".

Subdiv. (5): Substituted "selectboard" for "selectmen".

Subdiv. (24): Inserted "representative district, senatorial district," following "(including cities, towns, and villages),".

Subdiv. (35): Substituted "section 2646 of this title or otherwise elected or appointed by law" for "24 V.S.A. § 712(2)" following "pursuant to".

Subdiv. (41): Substituted "Department of Taxes and of Labor" for "departments of taxes and unemployment compensation," following "Secretary may include the".

Subdiv. (43): Added.

Amendments--2009. Subdiv. (22): Repealed.

Amendments--2001. Subdiv. (1): Amended generally by Act No. 6.

Subdiv. (8): Repealed by Act No. 6.

Subdiv. (17): Act No. 5 substituted "selectboard" for "selectmen", inserted "city council" preceding "mayor", and substituted "alder board" for "aldermen".

Subdiv. (20): Act No. 6 inserted "early or" preceding "absentee voter" in the introductory paragraph.

Subdiv. (24): Act No. 5 inserted "ward" following "sewer or utility district".

Subdiv. (38): Act No. 5 deleted "Brandon Training School" following "Vermont State Hospital".

Subdiv. (42): Act No. 5 substituted "forms" for "form" wherever it appeared.

Amendments--1997 Subdiv. (14): Substituted "voter's oath" for "freeman's oath".

Subdivs. (39)-(42): Added.

Amendments--1985 (Adj. Sess.). Subdiv. (5): Act No. 196 rewrote the second sentence.

Subdiv. (13): Act No. 198 deleted "or" preceding "consent forms" and inserted "or other documents or reports" thereafter in the third sentence.

Subdiv. (38): Added by Act No. 198.

Amendments--1981. Subdiv. (29): Substituted "population" for "number of voters" in the first sentence.

Amendments--1979 (Adj. Sess.). Subdiv. (5): Added the last sentence.

Subdiv. (8): Inserted "Australian ballot" preceding "election".

Subdiv. (11): Substituted "act" for "pass" preceding "on public questions".

Subdiv. (13): Added the last sentence.

Subdiv. (23): Substituted "chapter 47" for "chapter 13" in the first sentence.

Subdiv. (26): Inserted "any office in the United States government or" preceding "any office".

ANNOTATIONS

Analysis

1. Prior law.
2. Contents of warning.

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 1 of this title.

2. Contents of warning.

17 V.S.A. § 2642(a), governing the contents of an annual town-meeting warning, provides municipalities with discretion over whether to present an article to voters - even a nonbinding article included under the definition of "public question" - when it does not at all relate to municipal business or any matter falling within municipal authority. Clift v. City of South Burlington, 181 Vt. 571, 917 A.2d 483 (mem.) (January 18, 2007).

CHAPTER 43. QUALIFICATION AND REGISTRATION OF VOTERS

SUBCHAPTER 1. QUALIFICATIONS OF VOTERS

SUBCHAPTER 2. REGISTRATION OF VOTERS

Subchapter 1. Qualifications of Voters

§ 2121. Eligibility of voters.

Any person may register to vote in the town of his or her residence in any election held in a political subdivision of this State in which he or she resides who, on election day:
1. is a citizen of the United States;
2. is a resident of the State of Vermont;
3. has taken the voter's oath; and
4. is 18 years of age or more.
Any person meeting the requirements of subdivisions (a)(1)-(3) of this section who will be 18 years of age on or before the date of a general election may register and vote in the primary election immediately preceding that general election.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1997, No. 47 , § 11; 2011, No. 66 , § 15, eff. June 1, 2011.

History

Amendments--2011. Section amended generally.

Amendments--1997 Subdiv. (3): Substituted "voter's oath" for "freeman's oath".

Cross References

Cross references. Voter's qualifications and oath, see Vt. Const. Ch. II, § 42.

ANNOTATIONS

Analysis

1. Prior law.
2. Residence.
3. Checklists.
4. Poll taxes.

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former chapter 3 of this title.

2. Residence.

Although all other requirements of section are met, a person may lose his qualification as voter in annual town meeting by changing his residence at any time before actual meeting. 1946-48 Op. Atty. Gen. 366. (Decided under prior law.)

Every citizen of twenty-one years subject to taxation in a town and resident therein is a voter in town meeting of such town; and this is so although at "the annual assessment next preceding" he was resident of another town, owning real estate in both towns, and assessed in both; and is eligible to office of constable. Wilson v. Wheeler, 55 Vt. 446 (1882). (Decided under prior law.)

3. Checklists.

While vote of person whose name is on checklist, and who is resident, cannot lawfully be rejected, yet list is not conclusive that he is legal voter. State v. O'Hearn, 58 Vt. 718, 6 A. 606 (1886). (Decided under prior law.)

4. Poll taxes.

Neither the State of Vermont nor a city within the State can make the payment of a poll tax a prerequisite to voting. 1964-66 Op. Atty. Gen. 188. (Decided under prior law.)

§ 2122. Residence; special cases; checklist.

A person shall not gain or lose a residence solely by reason of presence or absence while in the service of the State or of the United States; nor while engaged in the navigation of the waters of the State or of the United States or on the high seas; nor while in a hospital, nursing home, or other health care facility; nor while confined in a prison or correctional institution; nor while a member of a veterans' home; nor while a student at any educational institution; nor while living outside the United States; nor while certified as a participant in the address confidentiality program under 15 V.S.A. chapter 21, subchapter 3.
A person may have his or her name on the checklist only in the town of which the person is a resident. For the purpose of this chapter, "resident" shall mean a person who is domiciled in the town as evidenced by an intent to maintain a principal dwelling place in the town indefinitely and to return there if temporarily absent, coupled with an act or acts consistent with that intent. If a person removes to another town with the intention of remaining there indefinitely, that person shall be considered to have lost residence in the town in which the person originally resided even though the person intends to return at some future time. However, a person shall retain the ability to vote in a town of former residence for a period of 17 days after becoming a resident of a new town. A person may have only one residence at a given time.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 120; 1981, No. 239 (Adj. Sess.), § 8; 1983, No. 90 , § 4, eff. April 29, 1983; 1985, No. 198 (Adj. Sess.), § 6; 1999, No. 134 (Adj. Sess.), § 6, eff. Jan. 1, 2001; 2001, No. 5 , § 2.

History

2007. Restored the phrase "nor while certified as a participant in the address confidentiality program under chapter 21, subchapter 3 of Title 15" at the conclusion of subsec. (a), which had been inadvertently omitted following its enactment pursuant to 1999, No. 134 (Adj. Sess.), § 6.

Amendments--2001. Subsec. (a): Deleted the second sentence.

Amendments--1999 (Adj. Sess.). Subsec. (a): Added "nor while certified as a participant in the address confidentiality program under chapter 21, subchapter 3 of Title 15" at the end of the first sentence.

Amendments--1985 (Adj. Sess.). Subsec. (a): Deleted "his" preceding "presence" and added "nor while living outside the United States" following "educational institution" in the first sentence.

Subsec. (b): Inserted "or her" following "his" and substituted "the person" for "he" following "which" in the first sentence, deleted "his" following "lost" and substituted "that person" for "he" following "indefinitely" and "the person" for "he" in two places in the third sentence, and added the present fourth sentence.

Amendments--1983. Subsec. (b): Substituted "chapter" for "section" following "purpose of this" in the second sentence.

Amendments--1981 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a) and added subsec. (b).

Amendments--1979 (Adj. Sess.). Subsec. (b): Repealed.

ANNOTATIONS

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former §§ 64-66 of this title.

§ 2123. Residents of unorganized towns and gores.

A resident of an unorganized town, grant, or gore may have his or her name placed upon the checklist in any town that is both in the probate district and in the representative district in which he or she resides, and he or she shall be entitled to vote in all elections in such town except local elections.

Added 1977, No. 269 (Adj. Sess.), § 1.

§ 2124. Voter's oath or affirmation; how administered; application.

The voter's oath may be administered by:
1. a person authorized by the law of this State to administer oaths and affirmations;
2. a member of a board of civil authority;
3. a commissioned officer of the military service;
4. any other person qualified to administer oaths and affirmations, within or outside the United States, by the laws of the place in which the oath or affirmation is administered;
5. any other person over the age of 18; or
6. an applicant for addition to the checklist who attests to having taken the oath or affirmation under the penalty of perjury.
[Repealed.]
At a minimum, the town clerk shall keep the completed applications for addition to the checklist, or an electronic copy thereof, through the end of the general election cycle that follows the one in which the application was received. The town clerk shall verify, upon request, that a voter has been given the oath or affirmation.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 7; 1989, No. 200 (Adj. Sess.), § 1; 1997, No. 47 , § 10; 2001, No. 6 , § 12(b), eff. April 10, 2001; 2007, No. 113 (Adj. Sess.), § 1; 2015, No. 30 , § 1, eff. May 26, 2015; 2015, No. 80 (Adj. Sess.), § 3, eff. July 1, 2017.

History

Amendments--2015 (Adj. Sess.). Subsec. (b): Repealed.

Subsec. (c): Deleted the former second sentence.

Amendments--2015. Section heading: Added "; application" following "administered".

Subsec. (c): Rewrote the first sentence.

Amendments--2007 (Adj. Sess.) Inserted "or affirmation" in the section heading, rewrote subsec. (a), deleted former subsec. (b), redesignated former subsecs. (c) and (d) as present subsecs. (b) and (c), and in those subsections, inserted "or affirmation" following "oath" wherever it appeared.

Amendments--2001. Subsec. (b): Inserted "early or" preceding "absentee voter" in the first sentence.

Amendments--1997 Substituted "voter's oath" for "freeman's oath" in the section heading and in subsecs. (a)-(c), inserted "or her" following "subscribe his" in the second sentence of subsec. (b), and deleted the second sentence of subsec. (c).

Amendments--1989 (Adj. Sess.). Subsec. (a): Deleted "or" following "administer oaths" and added "or any presiding officer" following "authority".

Amendments--1979 (Adj. Sess.). Subsec. (a): Added "or by any member of a board of civil authority" following "oaths".

Subsec. (b): Inserted "or other" between "military service" and "absentee voter" in the first sentence.

Subsec. (c): Amended generally.

Subsec. (d): Amended generally.

ANNOTATIONS

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 68 of this title.

§ 2125. Intermittent residence.

A person, having taken the voter's oath, who moves from Vermont and obtains voting residence outside the State shall not vote in any election in this State until he or she has once again qualified to vote under this title, except that he or she need not take the voters' oath again.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 8; 1997, No. 47 , § 11.

History

Amendments--1997 Substituted "voter's oath" for "freeman's oath" in two places.

Amendments--1979 (Adj. Sess.). Section amended generally.

§ 2126. Village checklist.

A village clerk shall automatically include on the village checklist the names of all persons living within the village who are on the checklist of the town in which the village is located, except as provided in section 2122 of this title. No separate application or other action on the part of the voter shall be required.

Added 1979, No. 200 (Adj. Sess.), § 9; 1999, No. 134 (Adj. Sess.), § 7, eff. Jan. 1, 2001.

History

Amendments--1999 (Adj. Sess.). Added "except as provided in section 2122 of this title" at the end of the first sentence.

Cross References

Cross references. Qualifications and registration of voters in local elections, see § 2656 of this title.

Subchapter 2. Registration of Voters

Cross References

Cross references. Qualifications and registration of voters in local elections, see § 2656 of this title.

§ 2141. Posting of checklist.

At least 30 days before any local, primary, or general election, the town clerk shall cause copies of the most recent checklist of the persons registered to vote to be posted in two or more public places in the municipality in addition to being posted at the town clerk's office; however, in a municipality having a population of fewer than 5,000 registered voters, only one checklist in addition to the one posted in the town clerk's office need be posted.
Upon the checklist shall be stated against the name of each voter, if possible, the street and number of each voter's residence and otherwise the mailing address of each voter's residence. Additions or amendments to the checklist may be attached to the checklist by means of a separate list.
The town clerk shall make available a copy of the list, together with lists of corrections and additions when made:
1. to the chair of each political party in the municipality, upon request, free of charge;
2. to officers with whom primary petitions are filed under section 2357 of this title, free of charge; and
3. to any other person, upon request, at cost.
  Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 10; 2001, No. 5 , § 3; 2013, No. 161 (Adj. Sess.), § 3; 2017, No. 50 , § 3.

History

Amendments--2017. Subsec. (a): Substituted "registered" for "qualified" following "the persons" and "than 5,000".

Amendments--2013 (Adj. Sess.). Added the subsec. (a)-(c) designations.

Subsec. (a): Inserted "local, primary, or general" following "30 days before any", and substituted "municipality" for "town" twice.

Subsec. (b): Deleted the former second sentence and "Copies of the list shall be made available to other persons at cost, and" at the end.

Subsec. (c): Added.

Amendments--2001. Inserted "however, in a town having a population of less than 5,000 qualified voters, only one checklist in addition to the one posted in the town clerk's office need be posted" following "posted in the town clerk's office" in the first sentence, substituted "each voter's" for "his" in two places in the second sentence, and substituted "chair" for "chairman" in the third sentence.

Amendments--1979 (Adj. Sess.). Rewrote the fourth sentence and added "and to officers with whom primary petitions are filed under section 2357 of this title free of charge" following "at cost" at the end of the fifth sentence.

§ 2142. Revision of checklist.

The town clerk shall call such meetings of the board of civil authority as may be necessary before an election or at other times for revision of the checklist.
Notice of a meeting, along with a copy of the most recent checklist and a separate list of names that have been challenged and may be removed, shall be posted in two or more public places within each voting district and in the town clerk's office.
A quorum of the board of civil authority shall be as provided in subdivision 2103(5) of this title, and written notice shall be provided to each member as established in 24 V.S.A. § 801 .
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 11; 2013, No. 161 (Adj. Sess.), § 3; 2015, No. 44 , § 1, eff. Jan. 1, 2017.

History

Amendments--2015. Subsec. (a): Deleted the last sentence.

Amendments--2013 (Adj. Sess.). Added the subsection designations and in subsec. (b) deleted "lodged" following "voting district and".

Amendments--1979 (Adj. Sess.). Section amended generally.

Cross References

Cross references. Determining voting districts, see § 2501 of this title.

§ 2143. Political representation on board of civil authority.

If the board of civil authority of any political subdivision does not contain at least three members of each major political party and the party committee or at least three voters request increased representation for an underrepresented major political party by filing a written request with the clerk of the political subdivision, the legislative body shall appoint from a list of names submitted to it by the underrepresented party a sufficient number of voters to the board of civil authority to bring the underrepresented major party's membership on the board to three. A person's name shall not be submitted unless he or she consents to serve if appointed.
The persons so appointed shall have the same duties and authority with respect to elections as have other members of the board, but those persons shall have no authority with respect to functions of the board of civil authority that are not related to elections.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 12; 2001, No. 5 , § 13; 2013, No. 161 (Adj. Sess.), § 3.

History

Amendments--2013 (Adj. Sess.). Subsec. (b): Substituted ", but those persons" for "; they" following "other members of the board".

Amendments--2001. Subsec. (a): Deleted "six" preceding "names" in the first sentence and inserted "or she" following "he" in the second sentence.

Amendments--1979 (Adj. Sess.). Subsec. (a): Inserted "from a list of six names submitted to it by the underrepresented party" preceding "body shall appoint" in the first sentence and added the second sentence.

Subsec. (b): Deleted former subsec. (b) and redesignated former subsec. (c) as subsec. (b).

Subsec. (c): Redesignated as present subsec. (b).

§ 2144. Submitting applications.

On any day other than the day of an election, the town clerk shall accept a person's application for his or her name to be placed on the checklist at the town clerk's office during all normal business hours.
On the day of an election:
1. A person may submit an application for addition to the checklist to the presiding officer at the polling place of the town in which the person seeks to register during the hours of voting established by the board of civil authority for that polling place. In towns with more than one polling place, the polling place shall be that which covers the area in which the person resides.
2. The presiding officer or his or her designated election official shall review all applications submitted at the polling place and shall approve those applications that meet the requirements of section 2121 of this chapter. Upon approval, the applicant's name shall be added to the checklist at the polling place, and the applicant shall be provided with the opportunity to vote in the election. The town clerk shall add the information in the application to the statewide voter checklist within five business days of the day of the election.
3. If the presiding officer or the designated election official cannot determine from an application submitted on election day that an applicant meets the requirements of section 2121 of this chapter, the presiding officer shall immediately refer the application to any members of the board of civil authority, or its equivalent entity under any applicable charter, present at the polling place, who shall meet immediately and proceed under section 2146 of this chapter to determine whether the applicant meets the requirements of section 2121 of this chapter. For purposes of adding applicant's names to the checklist under this subdivision (3), a quorum of the board or its equivalent entity shall be as provided in section 2451 of this title. If the board rejects an applicant, it shall notify him or her at the polling place.
, (d) [Repealed.]
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 13; 1981, No. 239 (Adj. Sess.), § 9; 1985, No. 198 (Adj. Sess.), § 7; 1991, No. 118 (Adj. Sess.), § 2, eff. Feb. 26, 1992; 1995, No. 4 , § 1; 1997, No. 47 , § 2; 2001, No. 6 , § 12(a), eff. April 10, 2001; 2003, No. 59 , § 2; 2007, No. 72 , § 1; 2015, No. 44 , § 2, eff. Jan. 1, 2017.

History

Amendments--2015. Section heading: Substituted "Submitting applications" for "Deadline for applications".

Subsecs. (a) and (b): Amended generally.

Subsecs. (c) and (d): Repealed.

Amendments--2007. Subsec. (a): Substituted "5:00 p.m." for "12:00 noon" following "checklist after" in the first sentence; substituted "Wednesday" for "second Monday" preceding "preceding" and "3:00 p.m. until 5:00 p.m." for "10:00 a.m. until 12:00 noon" preceding "the purpose" in the second sentence; substituted "5:00 p.m." for "12:00 noon" following "accepted by" and "Wednesday" for "second Monday" preceding "preceding" in the third sentence.

Subsec. (b): Substituted "voter registration deadline" for "second Monday before the day of election" following "prior to the" in the first sentence and substituted "the voter registration deadline" for "noon of the second Monday preceding the day of election" following "prior to" in the second sentence.

Subsec. (c): Substituted "voter registration deadline" for "second Monday before the day of the election" preceding "prior to" in the first sentence.

Amendments--2003. Subsec. (a): Deleted the first sentence, rewrote second sentence, deleted ", as the case may be," following "accepted" in the fourth sentence and substituted "Monday" for "Saturday" following "second".

Subsec. (b): Substituted "Monday" for "Saturday" following "second" and "town clerk" for "board of civil authority" following "and the".

Subsec. (c): Substituted "Saturday" for "Monday" following "second".

Amendments--2001. Subsec. (c): Inserted "early or" preceding "absentee ballots" in two places in the second sentence.

Amendments--1997 Subsec. (a): Added the last sentence.

Subsec. (c): Substituted "of this section" for "above" following "subsection (b)" in the first sentence.

Amendments--1995 Substituted "second" for "third" preceding "Saturday" in the second and third sentences of subsec. (a), in the first and second sentences of subsec. (b), and in the first sentence of subsec. (c).

Amendments--1991 (Adj. Sess.) Subsec. (d): Added.

Amendments--1985 (Adj. Sess.) Subsec. (c): Added.

Amendments--1981 (Adj. Sess.) Subsec. (a): Inserted "recess or" preceding "adjourn" in the second sentence.

Subsec. (b): Deleted the former second sentence relative to filing of notice of intention to apply for addition to the checklist by a 17 year old who would be 18 years old on or before election day.

Subsec. (c): Repealed former subsec. (c) related to procedure for addition to the checklist of a person after his on her 17th birthday.

Amendments--1979 (Adj. Sess.) Subsec. (a): Added the last sentence.

Subsec. (b): Amended generally.

Subsec. (c): Added.

Cross References

Cross references. Early or absentee voting, see chapter 51, subchapter 6 of this title.

§ 2144a. Registration.

A person who desires to register to vote may apply in any of the following ways:

Simultaneously with his or her application for, or renewal of, a motor vehicle driver's license or nondriver identification card as provided in section 2145a of this chapter.
By completing a voter registration application at a voter registration agency.
By delivering, during regular hours, or mailing a completed application form to the office of the clerk of the town in which the applicant claims to be a resident.
By completing a voter registration application and delivering it to the presiding officer before the close of the polls at the polling place of the town in which the person seeks to register. In towns with more than one polling place, the polling place shall be that which covers the area in which the person resides.
Added 1997, No. 47 , § 3; amended 2015, No. 44 , § 3, eff. Jan. 1, 2017; 2015, No. 80 (Adj. Sess.), § 4, eff. July 1, 2017.

History

Amendments--2015 (Adj. Sess.). Subdiv. (1): Inserted "or nondriver identification" following "license".

Amendments--2015. Subdiv. (1): Substituted "chapter" for "title" following "section 2145a of this" at the end of the sentence.

Subdiv. (4): Added.

§ 2144b. Additions to checklist by town clerk.

1. A town clerk shall review all applications to the voter checklist and shall approve those applications that meet the requirements of this chapter. Once approved, application information shall be added to the statewide voter checklist within three business days of receipt by the town clerk's office. (a) (1) A town clerk shall review all applications to the voter checklist and shall approve those applications that meet the requirements of this chapter. Once approved, application information shall be added to the statewide voter checklist within three business days of receipt by the town clerk's office.
2. If an applicant has failed upon the date of the election to provide any information required upon the application form pursuant to section 2145 of this title, the town clerk shall notify the applicant that the form was incomplete and the applicant may provide the information on or before the date of the election.
[Repealed.]
If the town clerk does not determine that an applicant meets the requirements of section 2121 of this title, the clerk shall immediately forward the application to the board of civil authority, which shall meet in a timely manner after the receipt of the application and proceed under section 2146 of this title to determine whether the applicant meets the requirements of section 2121. For purposes of adding applicants to the checklist, a quorum shall consist of three members of the board of civil authority.
Periodically, or at least five days prior to each election, the town clerk shall forward to the board of civil authority a list of additions to the checklist.
Added 2001, No. 7 , § 3, eff. April 10, 2001; amended 2003, No. 59 , § 3; 2013, No. 161 (Adj. Sess.), § 3.

History

Amendments--2013 (Adj. Sess.). Subdiv. (a)(1): Deleted "and section 2103 of this title" at the end of the first sentence and substituted "within three business days of receipt by the town clerk's office" for "on an expedited basis" in the second sentence.

Amendments--2003. Section heading: Deleted "; local option" from the end.

Subsec. (a): Amended generally.

Subsec. (b): Repealed.

Subsec. (c): Amended generally.

Subsec. (d): Substituted "five" for "ten" following "least".

§ 2145. Application forms.

The voter registration application shall be in the form approved by the Federal Election Commission or by the Secretary of State. The application form approved by the Secretary shall include:
1. A place for the applicant to swear or affirm, by checking the appropriate box, that he or she meets all voter eligibility requirements set forth in section 2121 of this title and a place for the signature of the applicant affirming, under penalty of perjury, that all information submitted by the applicant is accurate and truthful. The affirmation shall include the following information:
  1. The applicant's place and date of birth.
  2. The applicant's town of legal residence.
  3. The applicant's street address or a description of the physical location of the applicant's residence. The description must contain sufficient information so that the town clerk can determine whether the applicant is a resident of the town.
  4. 1. If the applicant has been issued a current and valid driver's license or nondriver's identification, the applicant's driver's license number or nondriver's identification number; (D) (i) If the applicant has been issued a current and valid driver's license or nondriver's identification, the applicant's driver's license number or nondriver's identification number;
    2. If the applicant does not possess a driver's license number, the last four digits of the applicant's Social Security number; or
    3. If the applicant does not possess a Social Security number, the town clerk shall contact the Secretary of State and the Secretary shall assign a unique identifier for the applicant.
  5. The applicant's e-mail address, which shall be optional to provide.
2. The voter's oath.
3. Space for the town clerk to document action on the application.
4. The following statements:
  1. "If you were provided with this application form by a voter registration agency, you may decline to register. If you decline to register, your failure to register will remain confidential and will be used only for voter registration purposes."
  2. "If you are submitting this application through a voter registration agency, the office through which you submitted this application will remain confidential and will be used only for voter registration purposes."
5. [Repealed.]
[Repealed.]
A board of civil authority or town clerk may not require a person to complete any form other than that approved under subsection (a) of this section or section 2145a of this title; nor may the board of civil authority or the town clerk require all applicants or any particular class or group of applicants to appear personally before a meeting of the board or routinely or as a matter of policy require applicants to submit additional information to verify or otherwise support the information contained in the application form.
When the board of civil authority acts on an application to add a name to the checklist, it or, upon request of the board, the town clerk shall notify the applicant by returning one copy of the completed application to the applicant and shall notify the town in which the applicant was last registered to vote, whether within or without the State of Vermont, by submitting the notification electronically within the statewide voter checklist system or by mailing a copy of the completed application to that town before adding the applicant's name and mailing address to the checklist. The original application shall be filed in the office of the town clerk.
The Secretary of State shall provide each town clerk and voter registration agency with a sufficient number of forms at State expense.
A person who makes a false statement in completing a voter registration application form or the voter registration portion of an application for a motor vehicle driver's license or nondriver identification card or of an application for the services of a designated automatic voter registration agency knowing the statement to be false shall be subject to the penalties of perjury as provided in 13 V.S.A. § 2901 , except that a person who is not eligible to register to vote and who otherwise completes the application accurately shall not be considered to have made a false statement under this subsection by his or her unintentional failure to decline to register on a motor vehicle driver's license or nondriver identification card application under section 2145a of this chapter or on a designated automatic voter registration agency's application under subsection 2145b(e) of this chapter.
A voter who moves from one address in a town in which that voter is registered to another address in the same town, or whose name has been changed, shall not be required to reapply as provided in this section, but shall notify the town clerk of his or her new name or address, unless such information has been provided to the Department of Motor Vehicles or a voter registration agency, so that the voter's name may be changed or transferred, if necessary, to the proper subdivision of the checklist. The voter registration application form may be used to notify the clerk or the board that the voter has changed his or her name or address.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1981, No. 239 (Adj. Sess.), § 10; 1997, No. 47 , § 4; 2001, No. 7 , § 1, eff. Jan. 1, 2002; 2003, No. 59 , § 4; 2013, No. 161 (Adj. Sess.), § 3; 2015, No. 44 , § 4, eff. Jan. 1, 2017; 2015, No. 80 (Adj. Sess.), § 2, eff. July 1, 2017; 2019, No. 67 , § 5a.

History

Amendments--2019. Subsec. (f): Inserted "or of an application for the services of a designated automatic voter registration agency" preceding "knowing the statement" and "or on a designated automatic voter registration agency's application under subsection 2145b(e) of this chapter" at the end of the sentence.

Amendments--2015 (Adj. Sess.). Subdiv. (a)(2): Rewrote the subdiv.

Subdiv. (a)(4)(A): Deleted "provided with this form when you applied for, or renewed, a motor vehicle driver's license or were" preceding "provided".

Subdiv. (a)(4)(B): Deleted "in connection with a motor vehicle driver's license application, or renewal, or" following "application".

Subdiv. (a)(5): Repealed.

Subsec. (f): Amended generally.

Amendments--2015. Subdiv. (a)(5): Deleted "before the deadline" following "submitted an application" near the end of the second sentence.

Amendments--2013 (Adj. Sess.). Subdiv. (a)(1)(E): Added.

Subsec. (c): Inserted "or the town clerk" following "board of civil authority".

Subsec. (d): Inserted "or, upon request of the board, the town clerk" following "to the checklist, it" and "by submitting the notification electronically within the statewide voter checklist system or by mailing a copy of the completed application to that town" following "State of Vermont", and substituted "notify" for "send one copy of the completed application to" following "to the applicant and shall".

Amendments--2003. Section amended generally.

Effective date of amendments--2003. No. 59, § 45(a) provides that Sec. 4 of that act, which amends this section, and Sec. 7, which enacts 17 V.S.A. § 2154, shall take effect January 1, 2004, unless the Secretary of State receives a waiver, pursuant to Title III of United States Public Law 107-252, and files notice of that waiver with the Legislative Committee on Administrative Rules. Once a waiver is granted and notice filed, Secs. 4 and 7 of that act shall take effect on January 1, 2006.

§ 2145a. Registrations at the Department of Motor Vehicles.

An application for, or renewal of, a motor vehicle driver's license or nondriver identification card shall serve as a simultaneous application to register to vote unless the applicant checks the box on the application designating that he or she declines to use the application as a voter registration application.
1. A motor vehicle driver's license or nondriver identification card application shall provide and request the following information and shall be in the form approved by the Secretary of State: (b) (1) A motor vehicle driver's license or nondriver identification card application shall provide and request the following information and shall be in the form approved by the Secretary of State:
  1. The applicant's citizenship.
  2. The applicant's place and date of birth.
  3. The applicant's town of legal residence.
  4. The applicant's street address or a description of the physical location of the applicant's residence. The description must contain sufficient information so that the town clerk can determine whether the applicant is a resident of the town.
  5. The voter's oath.
  6. The applicant's e-mail address, which shall be optional to provide.
2. A motor vehicle driver's license or nondriver identification card application shall provide the following statements:
  1. "By signing and submitting this application, you are authorizing the Department of Motor Vehicles to transmit this application to the Secretary of State for voter registration purposes. YOU MAY DECLINE TO REGISTER. Both the office through which you submit this application and your decision of whether or not to register will remain confidential and will be used for voter registration purposes only."
  2. "In order to be registered to vote, you must: (1) be a U.S. citizen; (2) be a resident of Vermont; (3) have taken the voter's oath; and (4) be 18 years of age or older. Any person meeting the requirements of (1)-(3) who will be 18 years of age on or before the date of a general election may register and vote in the primary election immediately preceding that general election. Failure to decline to register is an attestation that you meet the requirements to vote."
3. A motor vehicle driver's license or nondriver identification card application shall provide the penalties provided by law for submission of a false voter registration application and shall require the signature of the applicant, under penalty of perjury.
An application for voter registration under this section shall update any previous voter registration by the applicant. Any change of address form submitted to the Department of Motor Vehicles in connection with an application for a motor vehicle driver's license shall serve to update voter registration information previously provided by the voter, unless the voter states on the form that the change of address is not for voter registration purposes.
1. The Department of Motor Vehicles shall transmit motor vehicle driver's license and nondriver identification card applications received under this section to the Secretary of State not later than five days after the date the application was accepted by the Department, or before the date of any primary or general election, whichever is sooner. (d) (1) The Department of Motor Vehicles shall transmit motor vehicle driver's license and nondriver identification card applications received under this section to the Secretary of State not later than five days after the date the application was accepted by the Department, or before the date of any primary or general election, whichever is sooner.
2. The Department of Motor Vehicles shall not transmit motor vehicle driver's license and nondriver identification card applications when the applicant has designated that he or she declines to be registered.
3. The Department of Motor Vehicles shall ensure confidentiality of records as required by subdivision (b)(2)(A) of this section.
The Secretary shall promptly transmit applications received under this section to the clerks of the appropriate municipalities.
In transmitting applications received under this section, the Secretary shall ensure compliance with the requirements of 15 V.S.A. chapter 21, subchapter 3.
If a person who is ineligible to vote becomes registered to vote pursuant to this section in the absence of a violation of subsection 2145(f) of this chapter, that person's registration shall be presumed to have been effected with official authorization and not the fault of that person.
The Secretary shall take appropriate measures to educate the public about voter registration under this section.
Notwithstanding the provisions of subsection (d) of this section or any other provision of law to the contrary, the Department of Motor Vehicles shall share its motor vehicle driver's license, driver privilege card, and nondriver identification card customer data with the Secretary of State's office for the Secretary's use in conducting voter registration and voter checklist maintenance activities.
Added 1997, No. 47 , § 5; amended 2013, No. 161 (Adj. Sess.), § 3; 2015, No. 44 , § 5, eff. Jan. 1, 2017; 2015, No. 80 (Adj. Sess.), § 1, eff. July 1, 2017; 2019, No. 67 , § 6.

History

Amendments--2019. Subsec. (i): Added.

Amendments--2015 (Adj. Sess.). Section amended generally.

Amendments--2015. Subsec. (b): Substituted "chapter" for "title" following "under section 2145 of this" near the end of the sentence.

Subsec. (d): Substituted "date of any" for "close of the checklist for a" preceding "primary or general election" near the end of the sentence.

Amendments--2013 (Adj. Sess.). Subsec. (d): Substituted "five days" for "10 days" following "not later than" and "Department, or before the close of the checklist for a primary or general election, whichever is sooner" for "department" at the end of the first sentence, and deleted the former second sentence.

§ 2145b. Voter registration agencies.

Each voter registration agency shall:
1. distribute voter registration application forms approved under section 2145 of this title;
2. assist applicants in completing voter registration application forms, unless the applicant refuses such assistance; and
3. accept completed voter registration applications and transmit completed applications to the Secretary of State not later than 10 days after the date of acceptance, or before the date of any primary or general election, whichever is sooner.
The Secretary shall promptly transmit applications received under this section to the clerks of the appropriate municipalities.
1. A voter registration agency shall provide each applicant who does not decline to register to vote the same degree of assistance with regard to the completion of the voter registration application that the office provides with regard to the completion of its own forms, unless the applicant refuses such assistance. (c) (1) A voter registration agency shall provide each applicant who does not decline to register to vote the same degree of assistance with regard to the completion of the voter registration application that the office provides with regard to the completion of its own forms, unless the applicant refuses such assistance.
If an agency provides services to a person with a disability at the person's home, the agency shall provide the services described in subsection (a) of this section at the person's home.
Except as provided in subsection (e) of this section, a voter registration agency that provides services or assistance in addition to conducting voter registration shall distribute a voter registration application with each application for the services or assistance provided by the agency, and with each recertification, renewal, or change of address form relating to those services or assistance. In addition to the voter registration application form, the agency shall distribute a separate form that includes the following:
1. The question, "If you are not registered to vote where you live now, would you like to apply to register to vote here today?"
2. In the case of an agency that provides public assistance, the statement, "Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency."
3. Boxes for the applicant to check to indicate whether the applicant would like to register or declines to register to vote, together with the statement, "IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME."
4. The statement, "If you would like help in filling out the voter registration application form, we will help you. The decision whether to seek or accept help is yours. You may fill out the application form in private."
5. The statement, "If you believe that someone has interfered with your right to register or to decline to register to vote, you may file a complaint with the Secretary of State (Secretary of State's office address and telephone number)."
The Secretary of State may designate voter registration agencies that shall provide qualified applicants for such agency's services, or qualified inmates within the custody of the Department of Corrections, with automatic voter registration as an integrated option on application forms for services provided by those agencies.
1. Such designations shall be limited to a voter registration agency or a specific program administered by such an agency:
  1. that, in the regular course of the agency's or program's business, already collects and verifies documents necessary to provide proof of an individual's eligibility to vote under subchapter 1 of this chapter; and
  2. whose secretary, commissioner, or other applicable head of the agency has approved of such designation.
2. A voter registration agency shall not collect data necessary to establish an individual's eligibility to vote solely for the purpose of being designated an automatic voter registration agency under this subsection.
3. On or before January 1 of each year, the Secretary shall, in accordance with the approval given by a voter registration agency's secretary, commissioner, or other head:
  1. publish on his or her official website a list of voter registration agencies designated under this subsection;
  2. specify which programs or services offered by each agency are included within the designation; and
  3. provide the date by which the agency's specified programs or services will comply with requirements of this subsection.
4. Beginning on the date by which a voter registration agency's specified programs or services will comply with requirements of this subsection, an application for those services and any change of address form related to those services provided by the agency shall request the following information in a form approved by the Secretary of State:
  1. The applicant's citizenship.
  2. The applicant's date of birth.
  3. The applicant's town of legal residence.
  4. The applicant's street address or a description of the physical location of the applicant's residence. The description must contain sufficient information so that the town clerk can determine whether the applicant is a resident of the town.
  5. The voter's oath.
  6. The applicant's e-mail address, which shall be optional to provide.
5. An application for a designated automatic voter registration agency's services shall provide the following statements:
  1. "By signing and submitting this application, you are authorizing this voter registration agency to transmit this application to the Secretary of State for voter registration purposes. YOU MAY DECLINE TO REGISTER. Both the office through which you submit this application and your decision of whether or not to register will remain confidential and will be used for voter registration purposes only."
  2. "In order to be registered to vote, you must: (1) be a U.S. citizen; (2) be a resident of Vermont; (3) have taken the voter's oath; and (4) be 18 years of age or older. Any person meeting the requirements of (1)-(3) who will be 18 years of age on or before the date of a general election may register and vote in the primary election immediately preceding that general election. Failure to decline to register is an attestation that you meet the requirements to vote."
6. 1. An application for a designated automatic voter registration agency's services shall provide the penalties provided by law for submission of a false voter registration application and shall require the signature of the applicant, under penalty of perjury. (6) (A) An application for a designated automatic voter registration agency's services shall provide the penalties provided by law for submission of a false voter registration application and shall require the signature of the applicant, under penalty of perjury.
  2. If a person who is ineligible to vote becomes registered to vote pursuant to this subsection in the absence of a violation of subsection 2145(f) of this chapter, that person's registration shall be presumed to have been effected with official authorization and not the fault of that person.
1. The Secretary of State shall have the authority to audit any voter registration agency to determine compliance with the requirements of this section and to require any voter registration agency to implement any remedial measures necessary to ensure compliance with this section. (f) (1) The Secretary of State shall have the authority to audit any voter registration agency to determine compliance with the requirements of this section and to require any voter registration agency to implement any remedial measures necessary to ensure compliance with this section.
2. The Secretary of Administration shall provide the Secretary of State any assistance that is necessary to ensure the cooperation of voter registration agencies in implementing any remedial measures the Secretary of State requires under this subsection.
  Added 1997, No. 47 , § 6; amended 2013, No. 161 (Adj. Sess.), § 3; 2015, No. 44 , § 6, eff. Jan. 1, 2017; 2019, No. 67 , § 7.

History

Amendments--2019. Subsec. (c): Added the subdiv. (1) and (2) designations.

Subsec. (d): Substituted "Except as provided in subsection (e) of this section, a" for "A" at the beginning of the subsec.

Subsecs. (e) and (f): Added.

Amendments--2015. Subdiv. (a)(3): Substituted "date of any" for "close of the checklist for a" preceding "primary or general election" near the end of the sentence.

Amendments--2013 (Adj. Sess.). Subdiv. (a)(3): Inserted ", or before the close of the checklist for a primary or general election, whichever is sooner" at the end of the first sentence, and deleted the former second sentence.

§ 2145c. Submission of voter registration forms by other persons or organizations.

Any person or any organization other than a voter registration agency that accepts a completed voter registration form on behalf of an applicant shall submit that form to the town clerk of the town of that applicant not later than seven days after the date of acceptance, or before the date of any primary or general election, whichever is sooner.

Added 2013, No. 161 (Adj. Sess.), § 3; amended 2015, No. 44 , § 7, eff. Jan. 1, 2017.

History

Amendments--2015. Substituted "date of any" for "close of the checklist for a" preceding "primary or general election" near the end of the sentence.

§ 2146. Action of board of civil authority or town clerk in revising checklist.

At a meeting to revise the checklist, the board of civil authority shall determine whether any person who has applied to be registered to vote meets the requirements of section 2121 of this title. On demand of a majority of the board present, applicants may be examined under oath concerning the facts stated in the application. The board may make such investigation as it deems proper to verify any statement made under oath by an applicant.
As soon as possible, after receipt of an application, the board or, upon request of the board, the town clerk shall inform an applicant of its action as provided in subsection (d) of section 2145 of this chapter. If the board rejects an applicant, it shall also notify him or her forthwith, in person or by first-class mail directed to the address given in the application, of its reasons. The notice shall be in substantially the following form:
If the notice required under subsection (b) of this section is returned undelivered, the board of civil authority shall proceed to remove the person's name from the checklist in the manner set forth in section 2150 of this title.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 14; 1981, No. 239 (Adj. Sess.), § 11; 1997, No. 47 , §§ 7, 11; 2013, No. 161 (Adj. Sess.), §§ 3, 72.

REJECTION OF APPLICATION FOR ADDITION

TO CHECKLIST

The Board of Civil Authority of ........................................, (Town/City) having met on ...................., 20 ....... to consider applications for addition to the checklist, has found probable cause, as stated below, to reject the application of .................................................... .................... . (Name) Cause for rejection: (a) AGE: (b) CITIZENSHIP: (c) VOTER'S OATH: (d RESIDENCE: The Board of Civil Authority will meet on the .................... day of ...................., 20 ......., at ....... o'clock at the following location: .................... to reconsider your application and give you an opportunity to appear before the Board. You may present any information or witnesses you wish at that time, or you may appeal directly to any Superior judge in this county or district. .................... Town Clerk or Chair of Board of Civil Authority

History

2015. In subsec. (b), in the last sentence, deleted "or District" following "Superior" in accordance with 2010, No. 154 , § 236.

- 2002. In subsec. (b), substituted "20____" for "19____" to correct an outdated reference to a year in the future.

Amendments--2013 (Adj. Sess.). Subsec. (a): Inserted "of civil authority" following "checklist, the board".

Subsec. (b): Inserted "or, upon request of the board, the town clerk" following "application, the board", and substituted "chapter" for "title" at the end of the first sentence.

Form: Substituted "Chair" for "Chairman" at the end of the form.

Amendments--1997 Subsec. (b): Substituted "VOTER'S OATH" for "FREEMAN'S OATH".

Subsec. (c): Added.

Amendments--1981 (Adj. Sess.). Subsec. (a): Deleted "or, in the case of a seventeen year old, all requirements except taking the freeman's oath" following "section 2121 of this title" at the end of the first sentence.

Amendments--1979 (Adj. Sess.). Subsec. (a): Added "or, in the case of a seventeen year old, all requirements except taking the freeman's oath" at the end of the first sentence.

§ 2147. Alteration of checklist.

Pursuant to section 2150 of this title, the board of civil authority or, upon request of the board, the town clerk shall add to the checklist the names of the voters added and the names omitted by mistake and shall strike the names of persons not entitled to vote. The list so corrected shall not be altered except by:
1. adding the names of persons as directed by any Superior judge on appeal;
2. adding the names of persons who are legal voters at the election but whose names are further discovered to be omitted from the completed checklist solely through inadvertence or error;
3. adding the names of persons who present a valid application for addition to the checklist of that town or a copy thereof, and who otherwise are qualified to be added to the checklist;
4. [Repealed.]
5. subdividing the checklist as provided in section 2501 of this title, including the transfer of names of voters who have moved within a town in which they are already registered from one voting district within that town to another; or
6. adding the names of persons who previously submitted an incomplete application and who provide that information on or before election day.
Any correction or transfer may be accomplished at any time until the closing of the polls on election day. Each voter has primary responsibility to ascertain that his or her name is properly added to and retained on the checklist.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 2001, No. 7 , § 2, eff. April 10, 2001; 2003, No. 59 , § 5; 2013, No. 161 (Adj. Sess.), § 3; 2015, No. 44 , § 8, eff. Jan. 1, 2017.

History

2015. In subdiv. (a)(1), deleted "or District" following "Superior" in accordance with 2010, No. 154 , § 236.

Amendments--2015. Subsec. (a): Deleted "posted in the town clerk's office" following "shall add to the checklist" near the middle of the first sentence.

Subdiv. (a)(3): Deleted "a copy of" preceding "a valid application" and substituted "or a copy thereof" for "that was submitted before the deadline for applications" following "checklist of that town" near the middle of the sentence.

Subdiv. (a)(4): Repealed.

Subdiv. (a)(6): Added "previously" following "names of persons who" near the beginning of the sentence and deleted "before the deadline for application" following "incomplete application".

Amendments--2013 (Adj. Sess.). Subsec. (a): Inserted "of civil authority or, upon request of the board, the town clerk" following "this title, the board".

Subdiv. (a)(6): Deleted comma following "deadline for application".

Amendments--2003. Subdiv. (a)(4): Added ", at the polling place," following "adding" and "prepared by the secretary of state" following "affidavit".

Subdiv. (a)(6): Added.

Amendments--2001. Section amended generally.

§ 2148. Appeal from board of civil authority.

Any person whose application to vote has been rejected or whose name has been removed from the checklist may appeal to any Superior judge in the county in which the applicant claims residence. If there is no judge available in the county the appeal may be taken to any Superior judge. When an appeal is initiated after the Thursday immediately preceding the day of an election, it shall be conducted at once by the judge. In all instances, the appeal shall be conducted with sufficient speed, in order to resolve, when possible, all issues on appeal in sufficient time to permit a successful appellant to vote at the pending election. Neither formal pleadings nor filing fee shall be required and an appellant may represent himself or herself.
An appeal is commenced by presenting an informal but written notice of appeal to the judge to whom the appeal is taken. The notice need only be sufficient to identify the appellant and the town in which he or she has been denied eligibility to vote. The judge shall forthwith schedule a hearing and notify the appellant and the town clerk, personally or by certified mail. The appellant and any other person may present evidence at the hearing, which shall be conducted informally so as to do substantial justice to all parties.
Upon conclusion of the hearing the judge shall issue a written order, either affirming the decision of the board of civil authority, or ordering that the appellant's name be added to the checklist. The applicant shall not be permitted to vote unless and until the town clerk receives a written order from the court ordering that the applicant be permitted to vote.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 15; 1985, No. 198 (Adj. Sess.), § 8.

History

2018. In subsec. (a), in the first and second sentences, deleted "or district" in a total of four places following "Superior" and "county" in accordance with 2010, No. 154 , § 236.

Amendments--1985 (Adj. Sess.). Subsec. (c): Added the second sentence.

Amendments--1979 (Adj. Sess.). Subsec. (a): Inserted "or whose name has been removed from the checklist" following "rejected" in the first sentence.

§ 2149. Conclusiveness of list.

A person shall not vote at an election unless his or her name is on the checklist applicable to the municipality, but the checklist may be amended and corrected for such election as provided in this title. The eligibility of a person to vote shall not be challenged on the day of election if the person's name is on the checklist, except as provided in section 2564 of this title.
Notwithstanding the provisions of subsection (a) of this section:
1. If the voter registration records indicate that a voter has moved from an address in the area covered by the polling place, the voter shall be permitted to vote at that polling place if the voter makes an oral or written affirmation that he or she continues to reside in the area covered by that polling place. The affirmation authorized by this subdivision shall be made at the polling place before an election official.
2. If a voter who failed to return notice sent pursuant to section 2150 of this title has moved from an address in the area covered by one polling place to an address in an area covered by a different polling place within the same municipality, the voter shall upon oral or written confirmation, be permitted to correct the voting records and vote in the current election at the appropriate polling place. The affirmation authorized by this subdivision shall be made at the appropriate polling place before an election official.
  Added 1977, No. 269 (Adj. Sess.), § 1; amended 1997, No. 47 , § 8.

History

Amendments--1997 Designated the existing provisions of the section as subsec. (a) and inserted "or her" following "unless his" in the first sentence of that subsection and added subsec. (b).

ANNOTATIONS

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 210 of this title.

§ 2150. Removing names from checklist.

1. When a voter from one political subdivision becomes a resident of another political subdivision and is placed on the checklist there, the town clerk shall notify the clerk of the political subdivision where the voter was formerly a resident by submitting the notification electronically within the statewide voter checklist system or by mailing to that clerk a copy of the voter registration application form or other official notice, and that clerk shall strike the voter's name from the checklist of that political subdivision. (a) (1) When a voter from one political subdivision becomes a resident of another political subdivision and is placed on the checklist there, the town clerk shall notify the clerk of the political subdivision where the voter was formerly a resident by submitting the notification electronically within the statewide voter checklist system or by mailing to that clerk a copy of the voter registration application form or other official notice, and that clerk shall strike the voter's name from the checklist of that political subdivision.
2. When a town clerk receives a copy of the death certificate of a voter, public notice of the death of a voter, or official notice from the Department of Motor Vehicles that a voter has authorized his or her address to be changed for voting purposes, the clerk shall strike the voter's name from the checklist.
3. A town clerk shall also strike from the checklist the name of any voter who files a written request that his or her name be stricken.
The board of civil authority at any time may consider the eligibility of persons on the checklist whom the board believes may be deceased, may have moved from the municipality, or may be registered in another place and may remove names of persons no longer qualified to vote. However, the board shall not remove any name from the checklist except in accordance with the procedures in subsection (d) of this section, and any systematic program for removing names from the checklist shall be completed at least 90 days before an election.
In addition to any actions it takes under subsections (a) and (b) of this section, by September 15 of each odd-numbered year the board of civil authority shall review the most recent checklist name by name and consider, for each person whose name appears on the checklist, whether that person is still qualified to vote. In every case where the board of civil authority is unable to determine under subdivisions (d)(1) and (2) of this section that a person is still qualified to vote, the board of civil authority or, upon request of the board, the town clerk shall send a written notice to the person and take appropriate action as provided in subdivisions (d)(3) through (5) of this section. The intent is that when this process is completed there will have been some confirmation or indication of continued eligibility for each person whose name remains on the updated checklist.
Except as provided in subsection (a) of this section, a board of civil authority shall only remove a name from the checklist in accordance with the following procedure:
1. If the board of civil authority is satisfied that a voter whose eligibility is being considered is still qualified to vote in the municipality, the voter's name shall remain on the checklist, and no further action shall be taken.
2. 1. 1. If the board of civil authority does not immediately know that the voter is still qualified to vote in the municipality, the board shall attempt to determine with certainty what the true status of the voter's eligibility is.
    2. The board of civil authority may consider and rely upon official and unofficial public records and documents, including telephone directories, city directories, newspapers, death certificates, obituaries (or other public notices of death), tax records, and any checklist or checklists showing persons who voted in any election within the last four years.
    3. The board of civil authority may also designate one or more persons to attempt to contact the voter personally.
  2. Any voter whom the board of civil authority finds through such inquiry to be eligible to remain on the checklist shall be retained without further action being taken.
    The name of any voter proven to be deceased shall be removed from the checklist.
3. 1. 1. If after conducting its inquiry the board of civil authority or town clerk is unable to locate a voter whose name is on the checklist, or if the inquiry reveals facts indicating that the voter may no longer be eligible to vote in the municipality, the board of civil authority or, upon request of the board, the town clerk shall send a written notice to the voter.
    2. The notice shall be sent by first-class mail to the most recent known address of the voter, asking the voter to verify his or her current eligibility to vote in the municipality.
    3. The notice shall be sent with the required U.S. Postal Service language for requesting change of address information.
  2. Enclosed with the notice shall be a postage-paid pre-addressed return form on which the voter may reply swearing or affirming the voter's current place of residence as the municipality in question or alternatively consenting to the removal of the voter's name.
    The notice required by this subsection shall also include the following:
    1. A statement informing the voter that if the voter has not changed his or her residence, or if the voter has changed his or her residence but the change was within the area covered by the checklist, the voter should return the form to the town clerk's office. The statement shall also inform the voter that if he or she fails to return the form as provided in this subdivision, written affirmation of the voter's address shall be required before the voter is permitted to vote.
    2. Information concerning how the voter can register to vote in another state or another municipality within this State.
4. If the voter confirms in writing that the voter has changed his or her residence to a place outside the area covered by the checklist, the board of civil authority shall remove the voter's name from the checklist.
5. In the case of voters who failed to respond to the notice sent pursuant to subdivision (3) of this subsection, the board of civil authority shall remove the voter's name from the checklist on the day after the second general election following the date of such notice, if the voter has not voted or appeared to vote in an election since the notice was sent or has not otherwise demonstrated his or her eligibility to remain on the checklist.
6. 1. Notwithstanding the provisions of subdivision (5) of this subsection, if at any time subsequent to removal of a person's name from the checklist the board determines that the person was still qualified to vote and that the voter's name should not have been removed, the board shall add the person's name to the checklist as provided in section 2147 of this chapter. (6) (A) Notwithstanding the provisions of subdivision (5) of this subsection, if at any time subsequent to removal of a person's name from the checklist the board determines that the person was still qualified to vote and that the voter's name should not have been removed, the board shall add the person's name to the checklist as provided in section 2147 of this chapter.
  2. The provisions of this chapter shall be liberally construed, so that if there is any reasonable doubt whether a person's name should have been removed from the checklist, the person shall have the right to have the person's name immediately returned to the checklist.
7. 1. The board of civil authority shall keep detailed records of its proceedings under this subchapter for at least two years. These records, except records relating to a person's decision not to register to vote or to the identity of the voter registration agency through which any particular voter registered, shall be public records and shall be available for inspection and copying at actual cost. The records shall include: (7) (A) The board of civil authority shall keep detailed records of its proceedings under this subchapter for at least two years. These records, except records relating to a person's decision not to register to vote or to the identity of the voter registration agency through which any particular voter registered, shall be public records and shall be available for inspection and copying at actual cost. The records shall include:
    1. in the case of each name removed from the checklist, a clear statement of the reason or reasons for which the name was removed;
    2. in the case of the updating of the checklist required by subsection (c) of this section, the working copy or copies of the checklist used in the name by name review conducted to ascertain continued eligibility to vote;
    3. the total number of new registrations occurring during the period between general elections;
    4. the total number of persons removed from the checklist during the period between general elections; and
    5. lists of the names and addresses of all persons to whom notices were sent under this subsection, and information concerning whether or not each person to whom a notice was sent responded to the notice as of the date that inspection of the records is made.
  2. 1. A letter certifying compliance with this section shall be filed with the Secretary of State on or before September 20 of each odd-numbered year. (B) (i) A letter certifying compliance with this section shall be filed with the Secretary of State on or before September 20 of each odd-numbered year.
    2. Upon request of any Superior judge or upon request of the Secretary of State, the town clerk shall forward a certified copy of the records of checklist maintenance.
      Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 16; 1981, No. 239 (Adj. Sess.), § 12, eff. July 1, 1982; § 40, eff. Jan. 1, 1983; 1983, No. 90 , §§ 5, 6, eff. April 29, 1983; 1985, No. 45 ; 1997, No. 47 , § 9; 2001, No. 5 , § 9; 2003, No. 59 , § 6; 2013, No. 161 (Adj. Sess.), § 3; 2015, No. 44 , § 9, eff. Jan. 1, 2017; 2019, No. 67 , § 8.

History

2015. In subdiv. (d)(7), in the last sentence, deleted "or District" following "Superior" in accordance with 2010, No. 154 , § 236.

Amendments--2019. Subsec. (d): Added and amended subdiv. designations.

Amendments--2015. Subdiv. (d)(3)(A): Deleted "on or before the date upon which the checklist is closed under section 2144 of this title" at the end of the first sentence.

Amendments--2013 (Adj. Sess.). Subdiv. (a)(1): Substituted "political subdivision" for "town" in four places, "notify" for "send one copy of the voter registration application form or other official notice to" preceding "the clerk of the", inserted "town" preceding "clerk shall" and "by submitting the notification electronically within the statewide voter checklist system or by mailing to that clerk a copy of the voter registration application form or other official notice" following "formerly a resident", and deleted "Likewise, when" at the end.

Subdiv. (a)(2): Inserted "When" at the beginning.

Subsec. (b): Inserted comma following "subsection (d) of this section".

Subsec. (c): Inserted "or, upon request of the board, the town clerk" following "board of civil authority" in the second sentence.

Subdiv. (d)(2): Deleted "but not limited to," following "public records and documents, including", and inserted "and" following "tax records,".

Subdiv. (d)(3): Inserted "or town clerk" following "inquiry the board of civil authority" and "or, upon request of the board, the town clerk" following "municipality, the board of civil authority" in the first sentence.

Amendments--2003. Section amended generally.

Amendments--2001. Subdiv. (d)(2): Inserted "obituary (or other public notice of death)" following "death certificates" in the second sentence.

Amendments--1997 Subsec. (a): Inserted "voter registration application" preceding "form" and deleted "prescribed in section 2145 of this title" thereafter in the first sentence and rewrote the third sentence.

Subsec. (b): Substituted "the board believes" for "they believe" following "checklist whom" in the first sentence and "the board" for "it" preceding "shall not" and added "and any systematic program for removing names from the checklist shall be completed at least 90 days before an election" at the end of the second sentence.

Subsec. (d): Amended generally.

Amendments--1985. Subdiv. (d)(3): Added the present third and seventh sentences, substituted "corrected" for "most recent known" preceding "address" in the present fifth sentence, "the voter's" for "his" throughout the present fourth sentence and preceding "name" in the second sentence and "the voter" for "he" preceding "demonstrates" in that sentence and deleted "his" thereafter.

Subdiv. (d)(4): Inserted "that the voter's name" preceding "should not have" in the second sentence and substituted "been" for "had his name" thereafter, "the person's" for "his" preceding "name immediately" in the third sentence, "the voter's" for "his" following "removal of" and "30" for "14" preceding "days" in the first sentence and deleted "second" following "(D) the" in that sentence.

Amendments--1983. Subdiv. (d)(3): Deleted "registered" preceding "mail" in the fourth sentence.

Subdiv. (d)(5): Added the third sentence and inserted "or upon request of the secretary of state" following "district judge" in the present fourth sentence.

Amendments--1981 (Adj. Sess.). Subdiv. (d)(2): Substituted "four years" for "three years" following "persons who voted in any election within the last" in the second sentence.

Subdiv. (d)(3): Inserted "or has not voted in any election within the last four years" following "municipality" in the first sentence, rewrote the third sentence and added the last two sentences.

Subdiv. (d)(4): Rewrote clause (C), which provided for removal of voter's name from checklist if board determined that he or she was no longer qualified to vote in the municipality, and added clause (D).

Subdiv. (d)(5): Act No. 239 (Adj. Sess.) § 12, effective July 1, 1982, added the next-to-last sentence requiring that a letter certifying compliance with this section be filed with the Secretary of State by September 20 of each odd-numbered year and inserted "upon request of the secretary of state" preceding "the town clerk" in the last sentence.

Act No. 239 (Adj. Sess.), § 40, effective Jan. 1, 1983, deleted the former next-to-last sentence, which required certification of compliance to the secretary of state in each odd-numbered year and deleted "upon request of the Secretary of State" preceding "the town clerk" in the last sentence.

Amendments--1979 (Adj. Sess.). Subsec. (a): Inserted "or other official notice" following "section 2145 of this title" in the first sentence.

Subsec. (b): Amended generally.

Subsecs. (c) and (d): Added.

Cross References

Cross references. Federal requirements for voter registration administration, see 52 U.S.C. § 20507.

§ 2151. Federal district court.

Within 10 days after the date of a presidential election, the town clerk shall send an unmarked checklist, which was up to date as of election day, to the clerk of the federal district court for the district of Vermont, and shall receive the normal fee for such documents.

Added 1981, No. 20 .

Cross References

Cross references. Presidential elections generally, see chapter 57 of this title.

§ 2152. Division of checklist.

A town clerk may divide the checklist into active and inactive sections. The active section shall include all the qualified voters of the town, except for those voters included in the inactive section, pursuant to this provision. The inactive section shall include only those voters who have failed to respond to the notice sent pursuant to subdivision 2150(d)(3) of this title. The active and inactive designations are for recordkeeping purposes only, and shall have no bearing on voting eligibility.

Added 2001, No. 7 , § 4, eff. April 10, 2001.

§ 2153. Birthday registration drive.

The Secretary of State may develop and implement a statewide voter registration program for the purpose of encouraging persons to register to vote on their 18th birthday.

Added 2001, No. 7 , § 5, eff. April 10, 2001.

§ 2154. Statewide voter checklist.

The Secretary of State shall maintain a uniform and nondiscriminatory statewide voter checklist. This checklist shall serve as the official voter registration list for all elections in the State. In maintaining the statewide voter checklist, the Secretary shall:
1. limit a town clerk to adding, modifying, or deleting applicant and voter information on the portion of the checklist for that clerk's municipality;
2. limit access to the statewide voter checklist for a local elections official to verifying whether the applicant is registered in another municipality in the State by a search for the individual voter;
3. notify a local elections official when a voter registered in that official's district registers in another voting district so that the voter may be removed from that official's district checklist;
4. provide adequate security to prevent unauthorized access to the checklist;
5. ensure the compatibility and comparability of information on the checklist with information contained in the Department of Motor Vehicles' computer systems; and
6. make reasonable efforts on an ongoing basis to compare the information on the checklist with data or information contained in any State agency's database, a database administered by the federal government, or any database of another state or consortium of states, where possible, in an effort to maintain the accuracy and currency of the checklist.
1. A registered voter's month and day of birth, driver's license or nondriver identification number, telephone number, e-mail address, and the last four digits of his or her Social Security number shall be kept confidential and are exempt from public inspection and copying under the Public Records Act. (b) (1) A registered voter's month and day of birth, driver's license or nondriver identification number, telephone number, e-mail address, and the last four digits of his or her Social Security number shall be kept confidential and are exempt from public inspection and copying under the Public Records Act.
2. A public agency as defined in 1 V.S.A. § 317 and any officer, employee, agent, or independent contractor of a public agency shall not knowingly disclose a copy of all of the statewide voter checklist, a municipality's portion of the statewide voter checklist, or any other municipal voter checklist to any foreign government or to a federal agency or commission or to a person acting on behalf of a foreign government or of such a federal entity for the purpose of:
  1. registration of a voter based on his or her information maintained in the checklist;
  2. publicly disclosing a voter's information maintained in the checklist; or
  3. comparing a voter's information maintained in the checklist to personally identifying information contained in other federal or state databases.
1. Any person wishing to obtain a copy of all of the statewide voter checklist must swear or affirm, under penalty of perjury pursuant to 13 V.S.A. chapter 65, that the person will not: (c) (1) Any person wishing to obtain a copy of all of the statewide voter checklist must swear or affirm, under penalty of perjury pursuant to 13 V.S.A. chapter 65, that the person will not:
  1. use the checklist for commercial purposes; or
  2. knowingly disclose the checklist to any foreign government or to a federal agency or commission or to a person acting on behalf of a foreign government or of such a federal entity in circumvention of the prohibited purposes for using the checklist set forth in subdivision (b)(2) of this section.
2. The affirmation shall be filed with the Secretary of State.
An elections official shall not access the portion of the statewide voter checklist that is exempt from public inspection pursuant to 1 V.S.A. § 317(c)(31) , except for elections purposes.
Added 2003, No. 59 , § 7; amended 2015, No. 23 , § 8; 2015, No. 30 , § 2, eff. May 26, 2015; 2017, No. 50 , § 4; 2017, No. 128 (Adj. Sess.), § 1, eff. May 16, 2018; 2019, No. 67 , § 8a; 2021, No. 60 , § 22, eff. June 7, 2021.

History

Amendments--2021. Subdiv. (a)(6): Added.

Amendments--2019. Subdiv. (b)(2): Inserted ", or any other municipal voter checklist" preceding "to any foreign government".

Amendments--2017 (Adj. Sess.). Subsec. (a): Amended generally.

Subsec. (b): Added the subdiv. designations; in subdiv (1), inserted "telephone number," preceding "e-mail address"; and added subdiv. (2).

Subsec. (c): Added the subdiv. designations and subdiv. (1)(B).

Amendments--2017. Section amended generally and redesignated former subsecs. (b) and (c) as subsecs. (b) through (d).

Amendments--2015. Subsec. (a): Act 30 deleted "computerized" preceding "voter registration" in the first sentence.

Subsec. (b): Act 23 substituted "be kept confidential and are exempt from public copying and inspection under the Public Records Act" for "not be considered a public record as defined in 1 V.S.A. § 317(b)" in the first sentence.

Subsec. (b): Act 30 inserted "and" preceding "the last four digits" and deleted "and street address if different from the applicant's mailing address" following "Social Security number" in the first sentence.

Effective date of amendments--2003. No. 59, § 45(a) provides that Sec. 4 of that act, which amends 17 V.S.A. § 2145, and Sec. 7, which enacts this section, shall take effect January 1, 2004, unless the Secretary of State receives a waiver, pursuant to Title III of United States Public Law 107-252, and files notice of that waiver with the Legislative Committee on Administrative Rules. Once a waiver is granted and notice filed, Secs. 4 and 7 of that act shall take effect on January 1, 2006.

CHAPTER 45. POLITICAL PARTIES

Sec.

History

Revision note. This chapter was enacted as chapter 47 but was renumbered as chapter 45 to conform to V.S.A. numbering scheme.

Cross References

Cross references. Party organization, see chapter 47 of this title.

§ 2301. Organization of major political parties.

A major political party shall organize biennially as provided in this chapter. A person acting on behalf of a major political party shall not accept any contribution or make any expenditure (except for the purpose of organizing under this chapter) unless the party has a current certificate of organization on file with the Secretary of State.

Added 1979, No. 198 (Adj. Sess.), § 1; amended 2019, No. 67 , § 9.

History

Amendments--2019. In the second sentence, substituted "A" for "No" at the beginning and inserted "not" following "political party shall".

§ 2302. State chair to call caucus.

The chair of the State committee of a party shall set a date for members of the party to meet in caucus in their respective towns. The date shall be between September 10 and September 30, inclusive, in each odd-numbered year.
At least 14 days before the date set for the caucuses, the State chair shall mail or electronically mail a notice of the date and purpose of the caucuses to each town clerk and to each town and county chair of the party.
Added 1979, No. 198 (Adj. Sess.), § 1; amended 2013, No. 161 (Adj. Sess.), § 63; 2019, No. 67 , § 9.

History

Amendments--2019. Subsec. (a): Substituted ". The date" for ", which date" preceding "shall be between".

Amendments--2013 (Adj. Sess.). Section heading: Substituted "State chair" for "State chairman" at the beginning.

Subsec. (a): Substituted "The chair" for "The chairman" at the beginning.

Subsec. (b): Substituted "State chair shall mail or electronically mail" for "state chairman shall mail" following "the caucuses, the" and "and county chair" for "chairman" following "and to each town", and deleted ", and shall cause the notice to be published in at least two newspapers having general circulation within the state" at the end.

§ 2303. Town chair to give notice.

The town chair or, if unavailable or if the records of the Secretary of State show there is no chair, any three voters of the town shall arrange to hold a caucus on the day designated by the State chair, in some public place within the town and shall set the hour of the caucus.
1. At least five days before the day of the caucus, the town chair shall post a notice of the date, purpose, time, and place of the caucus in the town clerk's office and in at least one other public place in town. (b) (1) At least five days before the day of the caucus, the town chair shall post a notice of the date, purpose, time, and place of the caucus in the town clerk's office and in at least one other public place in town.
2. In towns of 5,000 or more population, he or she shall also publish the notice:
  1. in a newspaper having general circulation in the town; or
  2. in a nonpartisan electronic news media website or online forum that specializes in news of the State or the community.
If three voters arrange to call the caucus, the voters shall designate one person among them to perform the duties prescribed in subsection (b) of this section for the town chair.
Added 1979, No. 198 (Adj. Sess.), § 1; amended 1981, No. 239 (Adj. Sess.), § 13; 2013, No. 161 (Adj. Sess.), § 64; 2017, No. 50 , § 6; 2019, No. 67 , § 9.

History

Amendments--2019. Subdiv. (b)(2): Substituted "5,000" for "3,000".

Subdiv. (b)(2)(B): Inserted "or online forum" following "news media website".

Amendments--2017. Subsec. (c): Substituted "person among them" for "of their number" following "designate one" and substituted "in subsection (b) of this section" for "above" following "prescribed".

Amendments--2013 (Adj. Sess.). Section heading: Substituted "Town chair" for "Town chairman" at the beginning.

Subsec. (a): Substituted "chair" for "chairman" in three places.

Subdiv. (b)(1): Substituted "town chair" for "chairman" following "of the caucus, the".

Subdiv. (b)(2): Substituted "In towns of 3,000" for "In towns of 1,000" at the beginning.

Subdiv. (b)(2)(B): Added.

Subsec. (c): Substituted "chair" for "chairman" at the end.

Amendments--1981 (Adj. Sess.). Inserted "or, if unavailable, or if the records of the secretary of state show that there is no chairman, any three voters of the town" following "town chairman" in the first sentence and added the fourth sentence.

§ 2304. Town caucus.

At the time and place set for the town caucus, the voters of the party residing in the town shall meet in caucus and proceed to elect a town committee, consisting of such number of voters of the town as the caucus deems necessary, to serve during the following two years or until their successors are elected or appointed.

Additional members of a town committee may be elected by the town committee at any meeting, and may be eligible to vote on matters before the town committee at that meeting or at the next meeting, as determined by the members of the committee before the election.

(b) The voter checklist used by the caucus shall be the most recent checklist approved by the board of civil authority.

Added 1979, No. 198 (Adj. Sess.), § 1; amended 2019, No. 67 , § 9.

History

Amendments--2019. Subsec. (a): Added the subdiv. (1) and (2) designations.

Cross References

Cross references. Representative district committee, see § 2321 of this title.

§ 2305. First meeting of town committee.

The first meeting of the town committee shall be held immediately following adjournment of the caucus.

At this meeting, members of the town committee shall elect committee officers and delegates to the county committee.

All officers and other members of the town committee and all delegates to the county committee shall be voters of the town.

Added 1979, No. 198 (Adj. Sess.), § 1; amended 2019, No. 67 , § 9.

History

Amendments--2019. Added the subsec. (a) and (b) designations.

§ 2306. Procedure upon failure to hold caucus.

If the voters of the party residing in any town fail to hold a caucus on the day designated by the State chair, any three or more voters of the party residing in the town may call and hold a caucus at any time thereafter, in the manner provided in sections 2303 through 2305 of this chapter. Those voters calling the caucus shall designate one person among them to perform the duties prescribed in section 2303 for the town chair.

Added 1979, No. 198 (Adj. Sess.), § 1; amended 2019, No. 67 , § 9.

History

Amendments--2019. Substituted "chair" for "chairman" and "in sections 2303 through 2305 of this chapter" for "above" in the first sentence, and substituted "person among them" for "of their number" and "in section 2303" for "above" in the second sentence.

§ 2307. Certification of officers and county committee delegates.

Within 72 hours after the caucus, the chair and secretary of the town committee shall submit to the chairs of the State and county committees a copy of the notice calling the meeting and a certified list of the names, mailing addresses, phone numbers, and e-mails of the officers and members of the town committee and of the delegates to the county committee.
A committee is not considered organized until a certificate of organization is filed by the State committee with the Secretary of State pursuant to section 2313 of this chapter.
The Secretary of State shall furnish forms for this purpose to the chair of the State committee of a political party.
Added 1979, No. 198 (Adj. Sess.), § 1; amended 2013, No. 161 (Adj. Sess.), § 5; 2019, No. 67 , § 9.

History

Amendments--2019. Subsecs. (a) and (b): Amended generally.

Amendments--2013 (Adj. Sess.). Subsec. (a): Substituted "chair" for "chairman" following "the caucus, the" and "chairs" for "chairmen" preceding "of the State and county committees", "Secretary of State and" for "secretary of state" following "shall mail to the", and deleted ", and the town clerk" following "and county committees".

Subsec. (c): Substituted "chair" for "chairman" following "purpose to the".

§ 2308. Composition of county committee.

The number of delegates to the county committee that each town caucus is entitled to elect shall be apportioned by the State committee, based upon the number of votes cast for the party's candidate for Governor in the last election, provided that each town caucus shall be entitled to elect at least two delegates.

(b) Delegates to the county committee shall be voters of the town, but need not be members of the town committee.

Added 1979, No. 198 (Adj. Sess.), § 1; amended 2019, No. 67 , § 9.

History

Amendments--2019. Added subsec. designations (a), (b), and (c).

Subsec. (b): Deleted "they" at the end of the sentence.

Subsec. (c): Inserted "Delegates" preceding "shall serve" and substituted "for two years following their election" for "during the following two years" thereafter.

Cross References

Cross references. Probate district committee, see § 2323 of this title.

Senatorial district committee, see § 2322 of this title.

§ 2309. First meeting of county committee.

1. The chair of the State committee shall set a date for the first meeting of each county committee. (a) (1) The chair of the State committee shall set a date for the first meeting of each county committee.
2. The State chair shall notify the chairs of the county committees of the date of the meeting.
3. 1. The chair of the county committee shall set the hour and place of the meeting and shall notify all delegates-elect by mail or electronic mail not less than 10 days prior to the meeting. (3) (A) The chair of the county committee shall set the hour and place of the meeting and shall notify all delegates-elect by mail or electronic mail not less than 10 days prior to the meeting.
  2. If the chair of the county committee receives notice that a town committee within the county has organized 10 or fewer days before the date of the first meeting of the county committee, the chair shall notify the newly elected members within 48 hours of receiving notice of the organized town committee.
1. At the time and place set for the meeting, the delegates shall proceed to elect their officers and perfect an organization of the county committee for the ensuing two years. (b) (1) At the time and place set for the meeting, the delegates shall proceed to elect their officers and perfect an organization of the county committee for the ensuing two years.
All officers and other members of the county committee and all delegates to the State committee shall be voters of the county.

Added 1979, No. 198 (Adj. Sess.), § 1; amended 2013, No. 161 (Adj. Sess.), § 65; 2019, No. 67 , § 9.

History

Amendments--2019. Section amended generally.

Amendments--2013 (Adj. Sess.). Subdiv. (a)(1): Substituted "The chair" for "The chairman" at the beginning, and "45 days" for "30 days" following "not more than".

Subdiv. (a)(2): Substituted "The State chair" for "The state chairman" at the beginning, "chairs" for "chairmen" following "shall notify the", and deleted "and shall publish notice in at least two newspapers with general circulation within the state" at the end.

Subdiv. (a)(3): Substituted "The chair" for "The chairman" at the beginning, inserted "or electronic mail" following "all delegates-elect by mail", and added the second sentence.

§ 2310. Election of State committee.

1. The chair of the county committee shall be a member of the State committee. (a) (1) The chair of the county committee shall be a member of the State committee.
Each county committee shall be entitled to elect at least two additional members of the State committee. These delegates need not be members of the county committee.

If the rules or bylaws of a State committee provide for apportionment of additional members of the State committee to come from the county, the county committee also shall elect those additional members.
All county committee members and officers and all persons elected to the State committee shall be voters in the county from which they are elected.
County committee members and delegates to the State committee shall serve for two years following their election or until their successors are elected or appointed.
Added 1979, No. 198 (Adj. Sess.), § 1; amended 2007, No. 85 (Adj. Sess.), § 1, eff. Feb. 21, 2008; 2013, No. 161 (Adj. Sess.), § 6; 2019, No. 67 , § 9.

History

Amendments--2019. In subsec. (a), added the subdiv. (1)-(3) designations and in subsec. (c), substituted "two years following their election" for "the following two years".

Amendments--2013 (Adj. Sess.). Subsec. (a): Substituted "shall be a member" for ", the national committee man, and the national committee woman shall be members" following "The chair of the county committee", and deleted "one male and one female" at the end of the second sentence.

Amendments--2007 (Adj. Sess.). In the first sentence, substituted "chair" for "chairman"; inserted "the national committee man, and the national committee woman" following "county committee"; and substituted "members" for "a member".

§ 2311. Certification of county officers and State committee members.

Within 72 hours of the first meeting of the county committee, its chair and secretary shall submit to the chair of the State committee a copy of the notice calling the meeting and a certified list of the names, mailing addresses, phone numbers, and e-mails of the officers of the county committee and of the members elected by the county committee to the State committee.
A committee is not considered organized until a certificate of organization is filed by the State committee with the Secretary of State pursuant to section 2313 of this chapter.
The Secretary of State shall prescribe and furnish forms for this purpose.
Added 1979, No. 198 (Adj. Sess.), § 1; amended 1985, No. 198 (Adj. Sess.), § 9; 2013, No. 161 (Adj. Sess.), § 7; 2019, No. 67 , § 9.

History

Amendments--2019. Subsecs. (a) and (b): Amended generally.

Amendments--2013 (Adj. Sess.). Subsec. (a): Substituted "chair" for "chairman" twice and "Secretary of State" for "secretary of state, the county clerk," following "shall mail to the".

Amendments--1985 (Adj. Sess.). Inserted "the county clerk" following "secretary of state" in the first sentence.

§ 2312. First meeting of the State committee.

The chair of the State committee shall name an hour and place of meeting, at which time the members-elect of the State committee shall meet and perfect an organization of the State committee for the ensuing two years.
The chair of the State committee shall notify all members-elect of the State committee in writing, at least 10 days before the day set for the meeting.
Added 1979, No. 198 (Adj. Sess.), § 1; amended 2019, No. 67 , § 9.

History

Amendments--2019. Added the subsec. (a) and (b) designations; amended subsec. (a) generally; and in subsec. (b), substituted "10" for "seven" preceding "days".

ANNOTATIONS

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 734 of this title.

§ 2313. Filing of certificate of organization.

1. Within 10 days after the first meeting of the State committee of a party, the chair and secretary shall file in the office of the Secretary of State a certificate stating that the party has completed its organization for the ensuing two years and has substantially complied with the provisions of this chapter. (a) (1) Within 10 days after the first meeting of the State committee of a party, the chair and secretary shall file in the office of the Secretary of State a certificate stating that the party has completed its organization for the ensuing two years and has substantially complied with the provisions of this chapter.
2. However, no State committee shall be eligible to file a certificate of organization unless it has town committees organized in at least 30 towns in this State and county committees organized in at least seven counties by January 1 of the year of the general election.
The certificate of organization shall:
1. set forth the names, mailing addresses, phone numbers, and e-mails of the officers and members of the State committee, together with the counties that they represent;
2. contain a listing of the towns and counties in which committees have organized;
3. designate, in not more than three words, the name by which the party shall be identified on any Australian ballot; and
  be accompanied by a copy of the notice calling the meeting.
The Secretary of State shall prescribe and furnish the form to be used for this purpose.
Upon receipt of a certificate of organization, the Secretary of State promptly shall notify all persons who have registered with the Secretary of State asking to be notified of such filings.
1. Within 10 days, the Secretary of State shall accept a certificate of organization if it appears to be valid on its face or reject it if it is not. (e) (1) Within 10 days, the Secretary of State shall accept a certificate of organization if it appears to be valid on its face or reject it if it is not.
2. The Secretary of State may reject a certificate of organization if the political or other name is not substantially different from the name of any organized political party.
3. When a certificate is rejected, the Secretary of State promptly shall notify the chair and secretary of the committee to inform them in writing of the reasons for rejection.
A committee is not considered organized until the material required by this section has been filed and accepted.
Added 1979, No. 198 (Adj. Sess.), § 1; amended 1983, No. 90 , § 3, eff. April 29, 1983; 2001, No. 5 , § 16; 2013, No. 161 (Adj. Sess.), § 8; 2019, No. 67 , § 9.

History

Amendments--2019. Subsec. (b): Amended generally.

Amendments--2013 (Adj. Sess.). Subdiv. (a)(2): Substituted "30 towns in this State and county committees organized in at least seven counties" for "15 towns in this state" following "organized in at least".

Amendments--2001. Substituted "chair" for "chairman" in the first and ninth sentences and added the eighth sentence.

Amendments--1983. Added "by January 1 of the year of the general election" following "state" in the second sentence.

§ 2314. Officers required.

Every committee of a political party is required to elect a chair, a vice chair, a secretary, and a treasurer, who need not be members of the committee at the time of their election, but who become members, with full voting rights, upon their election. A committee may also elect from among its members such other officers as it deems appropriate to its work.

Added 1979, No. 198 (Adj. Sess.), § 1; amended 2013, No. 161 (Adj. Sess.), § 9.

History

Amendments--2013 (Adj. Sess.). Substituted "chair" for "chairman" twice and "and a treasurer" for "a treasurer, and an assistant treasurer" following "a secretary,".

§ 2315. Repealed. 2013, No. 161 (Adj. Sess.), § 10.

History

Former § 2315. Former § 2315, relating to adoption of rules and bylaws of required officers, was derived from 1979, No. 198 (Adj. Sess.), § 1.

§ 2316. Repealed. 2019, No. 67, § 9.

History

Former § 2316, relating to secret ballots, was derived from 1979, No. 198 (Adj. Sess.), § 1.

§ 2317. Voters not to participate in more than one party.

A voter shall not vote in a town, county, or State caucus of more than one party in the same 12-month period, nor shall any voter simultaneously hold membership on the committees of more than one political party.

Added 1979, No. 198 (Adj. Sess.), § 1; amended 2013, No. 161 (Adj. Sess.), § 11; 2019, No. 67 , § 9.

History

Amendments--2019. Substitute "A voter shall not" for "No voter shall" at the beginning; "a town" for "the biennial town" preceding "county"; and "12-month period" for "year" following "same".

Amendments--2013 (Adj. Sess.). Inserted ", county, or State" following "biennial town".

§ 2318. Organization of minor political parties.

A minor political party may organize in the manner set forth in this subchapter or in another manner that its members deem appropriate. Minor political parties shall comply with the filing requirements of sections 2307, 2311 to the extent applicable, and 2313 of this chapter, except that they need not be organized in 30 towns or in seven counties. They shall also comply with the procedural requirements of sections 2303 through 2306 and 2313 of this title, but need not comply with other procedural requirements in sections 2301, 2302, 2308 through 2310, and 2312 of this title. Minor political parties shall also comply with sections 2314 through 2317 of this title.

Added 1979, No. 198 (Adj. Sess.), § 1; amended 2013, No. 161 (Adj. Sess.), § 12.

History

Amendments--2013 (Adj. Sess.). Substituted "chapter" for "title" following "and 2313 of this" and "30 towns or in seven counties" for "15 towns" at the end of the second sentence.

§ 2319. Party conventions for platforms.

On or before the fourth Tuesday in September in each even-numbered year, upon the call of the chair of the State committee of the party, a party platform convention of each organized political party shall be held to make and adopt the platform of the party.

Added 1979, No. 198 (Adj. Sess.), § 1; amended 2019, No. 67 , § 9.

History

Amendments--2019. Deleted "and Presidential Elections" from section heading, and deleted the second sentence.

§ 2320. Repealed. 2013, No. 161 (Adj. Sess.), § 13.

History

Former § 2320. Former § 2320, relating to delegates to State platform convention, was derived from 1979, No. 198 (Adj. Sess.), § 1.

CHAPTER 47. PARTY ORGANIZATION

Sec.

Cross References

Cross references. Political parties generally, see chapter 45 of this title.

§ 2321. Representative district committee.

The "representative district committee" of a party shall consist of those members of the town committee residing in a representative district. A representative district committee may encompass less than an entire town or may extend across town lines. Such a committee shall elect its own officers when called upon to meet, but it need not meet unless required to perform some function under this title. Any three members may call the first meeting by giving at least five days' written notice to all other members; thereafter, the committee shall meet at the call of the chair.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 2003, No. 59 , § 8; 2013, No. 161 (Adj. Sess.), § 14.

History

Amendments--2013 (Adj. Sess.). Deleted ", as finally established by the legislative apportionment board" at the end of the first sentence.

Amendments--2003. Deleted ", as the case may be" at the end of the second sentence and substituted "five" for "seven" and "chair" for "chairman" in the fourth sentence.

§ 2322. Senatorial district committee.

The "senatorial district committee" of a party shall consist of those members of the county committee residing in a senatorial district. A senatorial district committee may encompass less than an entire county or may extend across county lines. Such a committee shall elect its own officers when called upon to meet, but it need not meet unless required to perform some function under this title. Any three members may call the first meeting by giving at least five days' written notice to all other members; thereafter, the committee shall meet at the call of the chair.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 2003, No. 59 , § 9.

History

Amendments--2003. Deleted ", as the case may be" at the end of the second sentence, and substituted "five" for "seven" and "chair" for "chairman" in the fourth sentence.

§ 2323. Probate district committee.

The "probate district committee" of a party shall consist of those members of the county committee residing in a probate district. Such a committee shall elect its own officers when called upon to meet, but it need not meet unless required to perform some function under this title. The chair of the county committee may call the first meeting by giving at least five days' written notice to all other members; thereafter the committee shall meet at the call of the probate district chair.

Added 1981, No. 239 (Adj. Sess.), § 21; amended 2003, No. 59 , § 10.

History

Amendments--2003. Substituted "chair" for "chairman" and "five" for "seven" in the last sentence.

CHAPTER 49. NOMINATIONS

SUBCHAPTER 1. PRIMARY ELECTIONS

SUBCHAPTER 2. NOMINATION BY PARTY COMMITTEE

SUBCHAPTER 3. INDEPENDENT CANDIDATES

SUBCHAPTER 4. MISCELLANEOUS PROVISIONS

SUBCHAPTER 5. PRESIDENTIAL NOMINATIONS

Subchapter 1. Primary Elections

§ 2351. Primary election.

A primary election shall be held on the second Tuesday in August in each even-numbered year for the nomination of candidates of major political parties for all offices to be voted for at the succeeding general election, except candidates for President and Vice President of the United States, their electors, and justices of the peace.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 2009, No. 73 (Adj. Sess.), § 1, eff. April 7, 2010; 2013, No. 161 (Adj. Sess.), § 15, eff. Jan. 1, 2016.

History

Amendments--2013 (Adj. Sess.). Substituted "second" for "fourth" preceding "Tuesday in August".

Amendments--2009 (Adj. Sess.). Substituted "fourth" for "second" preceding "Tuesday" and "in August" for "of September" following "Tuesday".

ANNOTATIONS

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 331 of this title.

§ 2352. Nomination of candidates prior to special election.

When the Governor or any court, pursuant to law, orders a special election to be held for any of the offices covered by section 2351 of this title, a special primary election shall be held on the Tuesday that falls not less than 60 days nor more than 66 days prior to the date set for the special election. The nomination of candidates prior to a special election, including nomination both by primary and by other means, shall be governed by the rules applicable to nomination of candidates prior to the general election, except as may be specifically provided in this chapter. The term "general election," as used in this chapter, shall be deemed to include a special election, unless the context requires a different interpretation.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 2009, No. 73 (Adj. Sess.), § 2, eff. April 7, 2010.

History

Revision note. Changed reference to "the preceding section" in the first sentence to "section 2351 of this title" to conform reference to V.S.A. style.

Amendments--2009 (Adj. Sess.). Substituted "60" for "40" and "66" for "46" preceding "days" in the first sentence.

Cross References

Cross references. General and special elections defined, see § 2103 of this title.

§ 2353. Petitions to place names on ballot.

The name of any person shall be printed upon the primary ballot as a candidate for nomination by any major political party for the office indicated, if a petition containing the requisite number of signatures made by registered voters, in substantially the following form, is filed with the proper official, together with the person's written consent to having his or her name printed on the ballot:
1. A person's name shall not be listed as a candidate on the primary ballot of more than one party in the same election. (b) (1) A person's name shall not be listed as a candidate on the primary ballot of more than one party in the same election.
2. A single petition shall contain only one office for which a person seeks to be a candidate.
3. A person shall file a separate petition for each office for which he or she seeks to be a candidate.
  Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 17; 2007, No. 121 (Adj. Sess.), § 6, eff. May 6, 2008; 2009, No. 73 (Adj. Sess.), § 3, eff. April 7, 2010; 2017, No. 50 , § 7; 2019, No. 67 , § 10.

I join in a petition to place on the primary ballot of the ..................... party the name of ...................., whose residence is in the (city), (town) of .................... in the county of ...................., for the office of .................... to be voted for on Tuesday, the ............... day of August, 20 ........; and I certify that I am at the present time a registered voter and am qualified to vote for a candidate for this office.

History

2002. In the last paragraph of subsec. (a), substituted "20____" for "19____" to correct an outdated reference to a year in the future.

Amendments--2019. Subsec. (a): Substituted "the" for "any" following "party for", "a petition" for "petitions" preceding "containing", and "is" for "are" following "following form,".

Subsec. (b): Added new subdiv. (2) and redesignated former subdiv. (2) as subdiv. (3).

Amendments--2017. Subsec. (a): Substituted "registered voters" for "legal voters" following "made by" in the introductory paragraph.

Subsec. (b): Added the subdiv. (1) designation and added subdiv. (2).

Amendments--2009 (Adj. Sess.). Substituted "August" for "September" following "day of" in the form.

Amendments--2007 (Adj. Sess.) Subsec. (a): Inserted "or her" following "his" in the introductory paragraph, and in the form, deleted "STATE OF VERMONT County of) City (town) of)".

Amendments--1979 (Adj. Sess.). Subsec. (a): Inserted "substantially" preceding "the following form" in the introductory clause and, in the form, substituted "to place" for "for the publication" preceding "on the primary ballot" and inserted "am at the present time a registered voter and" preceding "am qualified".

ANNOTATIONS

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 334 of this title.

§ 2354. Signing petitions.

Any number of voters may sign the same petition.
1. A voter's signature shall not be valid unless at the time he or she signs, the voter is registered and qualified to vote for the candidate whose petition he or she signs. (b) (1) A voter's signature shall not be valid unless at the time he or she signs, the voter is registered and qualified to vote for the candidate whose petition he or she signs.
2. Each voter shall indicate his or her town of residence next to his or her signature.
The signature of a voter on a candidate's petition does not necessarily indicate that the voter supports the candidate.
A petition shall contain the name of only one candidate.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 18; 2017, No. 50 , § 8; 2019, No. 67 , § 10.

History

Amendments--2019. Subsec. (c): Deleted the last sentence.

Amendments--2017. Added the subsec. (a) through (d) designations.

Amendments--1979 (Adj. Sess.). Added the second and sixth sentences.

§ 2355. Number of signatures required.

The number of signatures on primary petitions shall be not less than:

for State and congressional officers, 500;
for county officers or State senator, 100; and
for Representative to the General Assembly, 50.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 2019, No. 131 (Adj. Sess.), § 120.

History

Amendments--2019 (Adj. Sess.). Subdiv. (1): Deleted "hundred" following "500".

Subdiv. (2): Deleted "hundred" following "100" and added "and" at the end.

ANNOTATIONS

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 336 of this title.

§ 2356. Time for filing petitions.

Primary petitions for major party candidates shall be filed not earlier than the fourth Monday in April and not later than 5:00 p.m. on the fourth Thursday after the first Monday in May preceding the primary election prescribed by section 2351 of this chapter, and not later than 5:00 p.m. of the 62nd day prior to the day of a special primary election.
A petition or statement of nomination shall apply only to the election cycle in which the petition or statement of nomination is filed.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 19; 2003, No. 59 , § 11; 2009, No. 73 (Adj. Sess.), § 4, eff. April 7, 2010; 2013, No. 161 (Adj. Sess.), § 16, eff. Jan. 1, 2016; 2017, No. 50 , § 9.

History

Amendments--2017. Section heading: Deleted "and statements of nomination" following "petitions".

Subsec. (a): Deleted "and statements of nomination for minor party candidates" following "candidates" and substituted "not earlier" for "no sooner".

Amendments--2013 (Adj. Sess.). Subsec. (a): Inserted "for major party candidates" following "Primary petitions", substituted "for" for "from" following "statements of nomination", "fourth Monday in April" for "second Monday in May" following "no sooner than the", "fourth Thursday after the first Monday in May" for "second Thursday after the first Monday in June" following "5:00 p.m. on the", "chapter" for "title" following "section 2351 of this", and deleted "and independent candidates" following "minor party candidates".

Subsec. (b): Added.

Amendments--2009 (Adj. Sess.). Inserted "and statements of nomination from minor party candidates and independent candidates" following "petitions"; substituted "second Monday in May" for "first Monday in June" following "the", "second Thursday after the first Monday in June" for "third Monday of July" preceding "preceding", and "62nd" for "42nd" preceding "day".

Amendments--2003. Added "no sooner than the first Monday in June and" following "shall be filed" and substituted "42nd" for "forty-second".

Amendments--1979 (Adj. Sess.). Deleted the former last sentence, which provided that if the last day for filing petitions fell on a Saturday, Sunday, or legal holiday, the deadline would be extended to 5:00 p.m. on the next day that was not a Saturday, Sunday or legal holiday.

ANNOTATIONS

Analysis

1. Prior law.
2. Constitutionality.

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 340 of this title.

2. Constitutionality.

Vermont filing deadline for candidates applies equally to all candidates and does not place independents at a particular disadvantage for accessing the ballot; rather, the registration deadline is a reasonable, nondiscriminatory regulation that imposes at most a minor burden on plaintiffs' rights. Furthermore, the State-claimed desire to prevent sore-loser candidacy is legitimate and sufficiently justifies any mild burden imposed. Trudell v. State, 193 Vt. 515, 71 A.3d 1235 (2013).

§ 2357. Place of filing petition.

Primary petitions and consent forms shall be filed as follows:
1. For State and congressional officers, with the Secretary of State;
2. For county officers with the county clerk;
3. For State Senator, with the senatorial district clerk;
4. For Representative to the General Assembly, with the representative district clerk.
The public official designated to accept a petition shall not accept a nominating petition unless a completed and signed consent form is filed at the same time.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 2007, No. 54 , § 1.

History

Amendments--2007. Subsec. (a): Designated the introductory paragraph as subsec. (a) and added "and consent forms" following "petitions".

Subsec. (b): Added.

§ 2358. Examining petitions; supplementary petitions.

The officer with whom primary petitions are filed shall examine them and ascertain whether they contain a sufficient number of legible signatures. The officer shall not attempt to ascertain whether there are a sufficient number of signatures of actual voters, however, unless the officer has reason to believe that the petitions are defective in this respect.
If found not to conform, he or she shall state in writing on a particular petition why it cannot be accepted, and within 72 hours from receipt he or she shall return it to the candidate in whose behalf it was filed. In such case, supplementary petitions may be filed not later than 10 days after the date for filing petitions. However, supplementary petitions shall not be accepted if petitions with signatures of different persons totaling at least the required number were not received by the filing deadline.
A signature shall not count for the purpose of meeting the requirements of section 2355 of this title if the officer with whom primary petitions are filed:
1. cannot identify the name of the person who signed; or
2. if necessary, determines that the person is not on the checklist of the town that the person indicates as his or her town of residence.
An officer with whom primary petitions may be filed may obtain from the appropriate town clerks certified copies of current checklists as needed to verify the adequacy of primary petitions; town clerks who are asked by a filing officer to furnish certified copies of checklists for this purpose shall furnish the copies promptly and without charge.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 20; 1985, No. 197 (Adj. Sess.), § 5.

History

Amendments--1985 (Adj. Sess.). Section amended generally.

Amendments--1979 (Adj. Sess.). Section amended generally.

§ 2359. Notification to Secretary of State.

Within three days after the last day for filing petitions, all town and county clerks who have received petitions shall notify the Secretary of State of the names of all candidates, the offices for which they have filed, and whether each has submitted a sufficient number of valid signatures to comply with the requirements of section 2355 of this title. Town and county clerks shall also notify the Secretary of State of any petitions found not to conform to the requirements of this chapter and returned to a candidate under section 2358 of this title, and shall notify the Secretary of State of the status of such petition not later than two days after the last day for filing supplementary petitions.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 21.

History

Revision note. Changed reference to "the preceding section" in the second sentence to "section 2358 of this title" to conform reference to V.S.A. style.

Amendments--1979 (Adj. Sess.). Substituted "three days" for "two days" after "within" and added "of this title" following "section 2355" in the first sentence.

§ 2360. Preservation of petitions.

The Secretary of State and county and town clerks shall retain the primary petitions filed with them until 30 days following the general election for which they were used, at which time they may be destroyed.

Added 1977, No. 269 (Adj. Sess.), § 1.

§ 2361. Consent of candidate.

A candidate for whom petitions containing sufficient valid signatures have been filed shall file with the official with whom the petitions were filed a consent to the printing of the candidate's name on the ballot. The Secretary of State shall prepare and furnish forms for this purpose.
1. The consent shall set forth the name of the candidate, as the candidate wishes to have it printed on the ballot, the candidate's town of residence, and correct mailing address. (b) (1) The consent shall set forth the name of the candidate, as the candidate wishes to have it printed on the ballot, the candidate's town of residence, and correct mailing address.
2. If a candidate wishes to use a nickname, the format on the ballot shall be the candidate's first name, the nickname set off in quotations, and the candidate's last name.
  1. A nickname of one or two words by which the candidate has been commonly known for at least three years preceding the election may be used in combination with a candidate's name. A nickname that constitutes a slogan or otherwise indicates a political, economic, social, or religious view or affiliation may not be used.
  2. A nickname may not be used unless the candidate executes and files with the application for a place on the ballot an affidavit indicating that the nickname complies with this subsection.
3. Professional titles such as "Dr.," "Esq.," or "CPA" shall not be used as part of a candidate's name on the ballot.
The consent shall be filed on or before the day petitions are due. Unless a consent is filed, the candidate's name shall not be printed on the primary ballot.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1985, No. 137 (Adj. Sess.), § 2; 2001, No. 83 (Adj. Sess.), § 1; 2003, No. 59 , § 12; 2017, No. 50 , § 10; 2021, No. 60 , § 1, eff. June 7, 2021.

History

Amendments--2021. Subdivs. (b)(2)(A), (b)(2)(B): Added.

Amendments--2017. Added the subsec. (a)-(c) and subdiv. (b)(1) designations and added subdivs. (b)(2) and (3).

Amendments--2003. Deleted "primary" following "day" in the fourth sentence.

Amendments--2001 (Adj. Sess.). Substituted "on or before the day primary petitions are due" for "by the last day for filing supplementary petitions" in the fourth sentence.

Amendments--1985 (Adj. Sess.). Substituted "the candidate's" for "his" preceding "name" in the first sentence, substituted "the candidate" for "he" preceding "wishes" and "the candidate's" for "his" preceding "town", deleted "his" preceding "correct" and made other minor stylistic changes in the third sentence, and inserted "supplementary" preceding "petitions" in the fourth sentence.

ANNOTATIONS

1. Construction.

Timely filing of the consent of candidate form is a mandatory prerequisite to a candidate being listed on the ballot. In re Green, 180 Vt. 597, 908 A.2d 453 (mem.) (August 9, 2006).

§ 2362. Primary ballots.

A separate ballot for each major political party shall be printed and furnished to the towns by the Secretary of State and shall contain the names of all candidates for nomination by that party at the primary. Ballots shall be printed on index stock and configured to be readable by vote tabulators. Ballots shall be printed in substantially the following form:
Instructions to voters: Use black pen or pencil to fill in the oval. To vote for a person whose name is printed on the ballot, fill in the oval to the right of the name of that person. To vote for a person whose name is not printed on the ballot, write or stick his or her name in the blank space provided and fill in the oval to the right of the write-in space. Do not vote for more candidates than the "Vote for Not More Than" number for an office. If you make a mistake, tear, or deface the ballot, return it to an election official and obtain another ballot. Do not erase.
Following the names of candidates printed on the ballot after the name of each office to be filled shall be as many blank lines for write-in candidates as there are persons to be elected to that office. If no primary petition is filed for an office or for a candidate belonging to a party, the ballot shall contain the name of the office and blank lines for write-in candidates.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 22; 2007, No. 54 , § 2; 2013, No. 161 (Adj. Sess.), § 20; 2015, No. 30 , § 4, eff. May 26, 2015; 2017, No. 50 , § 11.

OFFICIAL VERMONT PRIMARY ELECTION BALLOT

VOTE ON ONE PARTY BALLOT ONLY AND PLACE IN BALLOT

BOX OR VOTE TABULATOR

ALL OTHER PARTY BALLOTS MUST BE PLACED IN UNVOTED

BALLOT BOX

________________________

[MAJOR POLITICAL PARTY NAME]

________________________

History

Amendments--2017. Subsec. (a): Amended generally.

Amendments--2015. Subsec. (a): Deleted "mark a cross (X) or" following "the ballot" and added "and fill in the oval to the right of that blank line" following "appropriate block" in the first sentence of the instructions to voters.

Amendments--2013 (Adj. Sess.). Subsec. (a): Added the second sentence, and deleted "in the same format as is used for optical scan tabulator ballots" following "major political party" in the second sentence and "and party designation" following "right of that person's name" in the instructions to voters.

Amendments--2007. Section amended generally.

Amendments--1979 (Adj. Sess.). Inserted "to the towns" preceding "by the secretary of state" and deleted "at least 20 days before a primary is to be held" thereafter in the first sentence and substituted "distinct sections" for "alternately inverted sections on white paper" following "two or more" in the second sentence.

ANNOTATIONS

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 362 of this title.

§ 2363. Voter's choice of party.

A voter shall vote for the candidates of one party only. A person voting at the primary shall not be required to indicate his or her party choice to any election official.
[Repealed.]
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 23; 2013, No. 161 (Adj. Sess.), § 21; 2017, No. 50 , § 12.

History

Amendments--2017. Section heading: Substituted "Voter's choice of party" for "Separate party ballots".

Subsec. (a): Deleted the former first and second sentences and substituted "A voter" for "The voter" in the present first sentence.

Amendments--2013 (Adj. Sess.). Subsec. (a): Inserted "or her" following "to indicate his".

Subsec. (b): Repealed.

Amendments--1979 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a) and added subsec. (b).

§§ 2364-2367. Repealed. 1979, No. 200 (Adj. Sess.), § 120.

History

Former §§ 2363-2367. Former § 2364, relating to furnishing ballots and posting samples and, was derived from 1977, No. 269 (Adj. Sess.), § 1.

Former § 2365, relating to time polls are open and, was derived from 1977, No. 269 (Adj. Sess.), § 1.

Former § 2366, relating to manner of marking ballots and, was derived from 1977, No. 269 (Adj. Sess.), § 1.

Former § 2367, relating to count and return of votes and, was derived from 1977, No. 269 (Adj. Sess.), § 1.

§ 2368. Canvassing committee meetings.

After the primary election is conducted:

The canvassing committee for State and national offices and statewide public questions shall meet at 10 a.m. one week after the day of the election.
The canvassing committee for county offices, countywide public questions, and State Senator shall meet at 10 a.m. on the third day following the election.
The canvassing committees for local offices, local public questions, and State Representative shall meet at 10 a.m. on the day after the election, except that in the case of canvassing committees for State Representative in multi-town representative districts, the committees shall meet at 10 a.m. on the third day after the election.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 24; amended 1985, No. 197 (Adj. Sess.), § 6; 2019, No. 67 , § 10.

History

Amendments--2019. Added subdiv. designations (1) through (3), deleted "and" following "for county offices" in subdiv. (2) and deleted "and" following "for local offices" and substituted "and" for "including" preceding "State Representative" in subdiv. (3).

Amendments--1985 (Adj. Sess.). Section amended generally.

Amendments--1979 (Adj. Sess.). Section amended generally.

ANNOTATIONS

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 386 of this title.

§ 2369. Determining winner; tie votes.

A person who receives a plurality of all the votes cast by a party in a primary shall be a candidate of that party for the office designated on the ballot.
1. If, after the period for requesting a recount under section 2602 of this title has expired, no candidate has requested a recount and two or more candidates of the same party are tied for the same office, or if the results of any recount result in a tie, the choice among those tied shall be determined upon five days' notice and not later than 10 days following the primary election by the committee of that party, which shall meet to nominate a candidate from among the tied candidates. The committee that nominates a candidate shall be as follows: (b) (1) If, after the period for requesting a recount under section 2602 of this title has expired, no candidate has requested a recount and two or more candidates of the same party are tied for the same office, or if the results of any recount result in a tie, the choice among those tied shall be determined upon five days' notice and not later than 10 days following the primary election by the committee of that party, which shall meet to nominate a candidate from among the tied candidates. The committee that nominates a candidate shall be as follows:
  1. the State committee of a party for a State or congressional office;
  2. the senatorial district committee for State Senate;
  3. the county committee for county office; or
  4. the representative district committee for a Representative to the General Assembly.
2. The committee chair shall certify the candidate nomination for the general election to the Secretary of State within 48 hours of the nomination.
  Added 1977, No. 269 (Adj. Sess.), § 1; amended 2009, No. 73 (Adj. Sess.), § 5, eff. April 7, 2010; 2013, No. 161 (Adj. Sess.), § 70; 2017, No. 50 , § 13; 2019, No. 67 , § 10.

History

Amendments--2019. Subdiv. (b)(1): Inserted "or if the results of any recount result in a tie" following "same office,".

Amendments--2017. Added the new subdiv. (b)(1) designation and inserted ", after the period for requesting a recount under section 2602 of this title has expired, no candidate has requested a recount and" preceding "two or more candidates"; redesignated former subdivs. (b)(1) through (b)(4) as subdivs. (b)(1)(A) through (b)(1)(D); and redesignated former subsec. (c) as present subdiv. (b)(2).

Amendments--2013 (Adj. Sess.). Subsec. (a): Substituted "A person who receives" for "Persons who receive" at the beginning, and "a candidate" for "candidates" following "primary shall be".

Subsec. (b): Inserted "upon five days' notice and not later than 10 days following the primary election by the committee of that party, which shall meet to nominate a candidate from among the tied candidates. The committee that nominates a candidate shall be as follows" at the end.

Subdiv. (b)(1): Substituted "the State committee" for "Upon five days notice and not later than 10 days following the primary election, the state committee" at the beginning.

Subdiv. (b)(4): Substituted "General Assembly" for "general assembly shall meet to nominate a candidate from among the tied candidates" at the end.

Subsec. (c): Redesignated from former subdiv. (2).

Amendments--2009 (Adj. Sess.). Subdivs. (1) and (2): Rewrote the subdivs.

ANNOTATIONS

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 384 of this title.

§ 2370. Write-in candidates.

A write-in candidate shall not qualify as a primary winner unless he or she receives at least one-half the number of votes as the number of signatures required for his or her office on a primary petition, except that if a write-in candidate receives more votes than a candidate whose name is printed on the ballot, he or she may qualify as a primary winner.
The write-in candidate who qualifies as a primary winner under this section must still be determined a winner under section 2369 of this chapter before he or she becomes the party's candidate in the general election.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 2013, No. 161 (Adj. Sess.), § 17.

History

Amendments--2013 (Adj. Sess.). Subsec. (a): Inserted "as the number of signatures" following "the number of votes".

Subsec. (b): Substituted "chapter" for "title" following "section 2369 of this".

§ 2371. Nominees; notice to nominees.

The canvassing committee shall prepare and sign certificates of nomination and mail or deliver in person to each candidate nominated a notice of his or her nomination within two days after their meeting. On each certificate the canvassing committee shall indicate the name, town of residence, party affiliation, and mailing address of the candidate nominated. At the same time that they mail or deliver the certificates of nomination, the canvassing committees shall also file with the office of the Secretary of State a list showing the vote for each candidate of each party for each office.
Unless a person who is notified of being nominated withdraws the candidacy, the person's name, residence, and party affiliation shall be printed upon the general election ballot in the same manner as they appear in the notice of nomination; provided, however, that within five days of the date of mailing or personal delivery a candidate may request that an error in the candidate's name, residence, or party affiliation be corrected or that the candidate's preference as to the candidate's own name be used on the ballot. The candidate shall also have the right to make the choice as set forth in section 2474 of this title.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 25; amended 1985, No. 197 (Adj. Sess.) § 1.

History

Amendments--1985 (Adj. Sess.). Subsec. (a): Rewrote the first sentence and substituted "mail or deliver" for "file" preceding "the certificates" in the third sentence.

Subsec. (b): Amended generally.

Amendments--1979 (Adj. Sess.). Designated the existing provisions of the section as subsec. (b) and added subsec. (a).

Subchapter 2. Nomination by Party Committee

§ 2381. Applicability of subchapter.

A candidate may also be nominated and have the candidate's name printed on the general election ballot in accordance with the provisions set forth in this subchapter, in the following instances:
1. In case of a vacancy on the general election ballot occasioned by death, removal, or withdrawal of a candidate, or the failure of a major political party to nominate a candidate by primary;
2. In case a minor political party desires to nominate a candidate for any office for which major political parties nominate candidates by primary or for the offices of President and Vice President of the United States;
3. In case of nomination for the office of justice of the peace, in the event that such nomination has not already been made by caucus as provided in section 2413 of this chapter.
In no event may any committee nominate a candidate or candidates for statewide office under this subchapter unless the political party has town committees organized in at least 10 towns in this State in accordance with procedures in chapter 45 of this title.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 198 (Adj. Sess.), § 3; 1979, No. 200 (Adj. Sess.), § 26; 1985, No. 196 (Adj. Sess.), § 24; 2015, No. 30 , § 5, eff. May 26, 2015; 2017, No. 50 , § 14.

History

Revision note. Reference to chapter 47 in subsec. (b) was changed to chapter 45 to conform reference to renumbering of chapter.

Amendments--2017. Subdiv. (a)(1): Inserted ", removal," following "death".

Amendments--2015. Subdiv. (a)(1): Deleted "removal" following "by death".

Subdiv. (a)(3): Substituted "chapter" for "title" following "section 2413 of this".

Amendments--1985 (Adj. Sess.). Subsec. (a): Substituted "the candidate's" for "his" preceding "name" in the introductory paragraph and added "or for the offices of president and vice-president of the United States" following "primary" at the end of subdiv. (2).

Amendments--1979 (Adj. Sess.). Act No. 198 designated the existing provisions of the section as subsec. (a) and added subsec. (b). Act No. 200 added "in the event such nomination has not already been made by caucus as provided in section 2413 of this title" following "justice of the peace" in subdiv. (a)(3).

ANNOTATIONS

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former §§ 433, 572 of this title.

§ 2382. Which committee to nominate.

Nominations of party candidates pursuant to this subchapter shall be made by the following political committee of the party:

By the State committee in the case of President and Vice President of the United States or State or congressional officers;
By the county committee in the case of county officers;
By the senatorial district committee in the case of the office of State Senator;
By the representative district committee in the case of the office of Representative to the General Assembly;
By the town committee in the case of the office of justice of the peace.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 2017, No. 50 , § 15.

History

Amendments--2017. Subdiv. (1): Substituted "President and Vice President of the United States or State" for "state".

§ 2383. Notice of meetings.

The chair of the appropriate committee, or if the chair has not called a meeting then any three members of the committee, may set a date, time, and place for a committee meeting for the nomination of candidates pursuant to this subchapter and shall give not less than five days' notice in writing to all members of the committee. The notice shall specifically state the offices for which nominations may be made.

Added 1977, No. 269 (Adj. Sess.), § 1.

§ 2384. Procedure upon meeting.

At the time and place set for the meeting, the committee shall proceed to nominate such candidates as it may desire pursuant to this subchapter. Nomination shall require a majority of those present and voting, and if no candidate shall have received a majority after two ballots, the candidate with the lowest number of votes in the second and in each succeeding ballot shall be eliminated until a candidate receives a majority.

Added 1977, No. 269 (Adj. Sess.), § 1.

§ 2385. Statement by committee officers; consent of candidate.

When a nomination is made under the provisions of this subchapter, the chair and the secretary of the committee making the nomination shall file a statement of nomination in substantially the following form:
(e) In the case of nominations by town committee or caucus for the office of justice of the peace, before filing the statement of nomination the chair, acting chair, secretary, or acting secretary shall check with each nominee and confirm that he or she consents to have his or her name printed on the ballot as a candidate for that position and to serve if elected.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 27; 1985, No. 137 (Adj. Sess.), § 1; 2001, No. 83 (Adj. Sess.), § 2.

"The .................... met on ............ and nominated the (name of committee) (date) following person (or persons) to be a candidate (or candidates) of the .................... for the office (or offices) indicated (Name of political party) .............................................................................. (Name of candidate) (residence) (office for which nominated) "Notice of the meeting was properly given in compliance with all requirements of section 2383 of this title and the procedures required by section 2384 of this title were followed. A copy of the notice of the meeting is attached. "We swear under oath that we understand the above provisions of law and that the statements we have made in this document are true. Sworn to before me .................... .................... Notary Public Signature of Chair .................... ...................." Date Signature of Secretary (b) The statement of nomination shall be signed by the chair or acting chair and secretary or acting secretary of the committee making the nomination. They shall swear in their statement of nomination that the notice requirements of section 2383 of this title and procedural requirements of section 2384 of this title were complied with and that the persons listed as candidates were nominated at the meeting. (c) A copy of the notice that was sent to all committee members pursuant to section 2383 of this title shall be filed along with the statement of nomination. (d) Except in the case of nominations for justice of the peace, the candidate named in the statement shall file a consent to having the candidate's name printed on the ballot, similar in form to the consent required in section 2361 of this title before the last day for filing statements of nomination. It shall be sufficient for meeting this requirement if the candidate signs the statement of nomination with a statement in substantially the following form: "I consent to having my name printed on the general election ballot for the office of _____________________________________________________________ . (office for which nomination was made) My name (as I wish it to appear on the ballot), town or city of residence, and party are as follows: ______________ __________________________ _________________________________ Name (please print) Town of residence (please print) Party (please print) ________ ______________________________________________________ Date Signature of Candidate ________________________________________________________ " Mailing Address

History

2012. Substituted "of this title" for "of Title 17" following "section 2383" and "section 2384" in subsec. (b).

Amendments--2001 (Adj. Sess.) Subsec. (d): Deleted the second sentence.

Amendments--1985 (Adj. Sess.). Subsec. (d): Rewrote the first sentence and added the second sentence.

Amendments--1979 (Adj. Sess.). Section amended generally.

§ 2386. Time for filing statements.

In the case of the failure of a major political party to nominate a candidate by primary, a statement shall be filed not later than 5:00 p.m. on the sixth day following the primary.
In the case of the death or withdrawal of a candidate after the primary election, the party committee shall have seven days from the date of the death or withdrawal to nominate a candidate. In no event shall a statement be filed later than 60 days prior to the general election.
1. In the case of a nomination by a minor political party, a statement shall be filed not earlier than the fourth Monday in April and not later than 5:00 p.m. on the Thursday preceding the primary election described in section 2351 of this chapter and not later than 5:00 p.m. on the third day prior to the day of a special primary election. (c) (1) In the case of a nomination by a minor political party, a statement shall be filed not earlier than the fourth Monday in April and not later than 5:00 p.m. on the Thursday preceding the primary election described in section 2351 of this chapter and not later than 5:00 p.m. on the third day prior to the day of a special primary election.
2. A statement shall apply only to the election cycle in which the statement is filed.
In the case of a nomination for the office of justice of the peace, a statement shall be filed as set forth in section 2413 of this chapter.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 28; 1985, No. 197 (Adj. Sess.), § 7; 2001, No. 83 (Adj. Sess.), § 3; 2003, No. 59 , § 13; 2009, No. 73 (Adj. Sess.), § 6, eff. April 7, 2010; 2009, No. 98 (Adj. Sess.), § 1, eff. May 10, 2010; 2015, No. 30 , § 6, eff. May 26, 2015; 2017, No. 50 , § 16.

History

Amendments--2017. Subsec. (b): Inserted "general" preceding "election".

Subsec. (c): Amended generally.

Amendments--2015. Section amended generally.

Amendments--2009 (Adj. Sess.). Subsec. (a): Act No. 73 inserted "and statements for minor party candidates and independent candidates" following "primary" and substituted "earlier than the second Thursday after the first Monday in June" for "more than 60 days" preceding "before" and "Tuesday" for "third day" following "the".

Act No. 98, amending subsec. (a) as previously amended by Act 73, substituted "primary shall be filed as set forth in section 2356 of this title" for "primary and statements for minor party candidates and independent candidates, shall be filed not earlier than the second Thursday after the first Monday in June before the day of the general election and not later than 5:00 p.m. on the Tuesday following the primary election".

Subsec. (b): Act No. 73 substituted "60" for "40" preceding "days".

Amendments--2003. Subsec. (a): Act No. 59 designated prior provisions as the new subsec. (a) and added ", except for . . . after the primary," following "subchapter".

Subsec. (b): Added.

Amendments--2001 (Adj. Sess.). Substituted "60 days" for "sixty days" and "third day following the primary election" for "forty-seventh day before the day of the general election".

Amendments--1985 (Adj. Sess.). Section amended generally.

Amendments--1979 (Adj. Sess.). Subdiv. (3): Substituted "on the seventh day" for "on the Thursday" following "5:00 p.m."

ANNOTATIONS

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former §§ 580, 581 of this title.

§ 2387. Place for filing statements.

Statements for the office of justice of the peace shall be filed with the town clerk. All other statements and consents shall be filed with the Secretary of State.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 29.

History

Amendments--1979 (Adj. Sess.). Deleted "and consents" following "statements" in the first sentence.

Subchapter 3. Independent Candidates

§ 2401. Applicability of subchapter.

A person may be nominated and have his or her name printed on the general election ballot for any office by filing a consent similar in form to the consent prescribed by section 2361 of this title and a statement of nomination with the Secretary of State. In the case of a nomination for justice of the peace, the consent form and statement of nomination shall be filed with the town clerk.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 1985, No. 196 (Adj. Sess.), § 8; 1995, No. 95 (Adj. Sess.), § 1.

History

Amendments--1995 (Adj. Sess.) Deleted "except justice of the peace" preceding "by filing" in the first sentence and added the second sentence.

Amendments--1985 (Adj. Sess.). Inserted "or her" following "his" and substituted "statement" for "certificate" preceding "of nomination".

ANNOTATIONS

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 573 of this title.

§ 2402. Requisites of statement.

A statement of nomination shall contain:
1. The name of the office for which the nomination is made.
2. The candidate's name and residence.
3. If desired, a name, or other identification (in not more than three words) to be printed on the ballot following the candidate's name.
4. In the case of nomination for President or Vice President of the United States:
  1. The name and state of residence of each candidate for such office, together with the name, town of residence, and correct mailing address of each nominee for the office of elector.
  2. 1. The original statement of nomination shall include a certification by the town clerk of each town where the signers appear to be voters that the persons whose names appear as signers of the statement are registered voters in the town and of the total number of valid signers from the town. (B) (i) The original statement of nomination shall include a certification by the town clerk of each town where the signers appear to be voters that the persons whose names appear as signers of the statement are registered voters in the town and of the total number of valid signers from the town.
    2. Only the number of signers certified as registered voters by each town clerk on the original statement of nomination forms shall count toward the required number of signatures.
  3. The statement shall also be accompanied by a consent form from each nominee for elector. The consent form shall be similar to the consent form prescribed in section 2361 of this title.
1. To constitute a valid nomination, a statement shall contain signatures of voters qualified to vote in an election for the office in question, equal in number to at least: (b) (1) To constitute a valid nomination, a statement shall contain signatures of voters qualified to vote in an election for the office in question, equal in number to at least:
  1. for presidential and vice presidential offices, 1,000;
  2. for State and congressional offices, 500;
  3. for county officers or State Senators, 100;
  4. for Representative to the General Assembly, 50;
  5. for justice of the peace, 30 or one percent of the legal voters of the municipality, whichever is less.
2. Signatures need not all be contained on one paper.
A statement shall state that each signer is qualified to vote in an election for the office in question and that the voter's residence is as set forth next to the voter's name.
1. A statement of nomination and a completed and signed consent form shall be filed: (d) (1) A statement of nomination and a completed and signed consent form shall be filed:
  1. in the case of nomination for President or Vice President of the United States, not earlier than the fourth Monday in April and not later than 5:00 p.m. on the August 1 preceding the presidential general election;
  2. in the case of nomination for justice of the peace, not earlier than the fourth Monday in April and not later than 5:00 p.m. on the third day following the primary election; or
  3. in the case of any other independent candidate, not earlier than the fourth Monday in April and not later than 5:00 p.m. on the Thursday preceding the primary election prescribed by section 2351 of this chapter, and not later than 5:00 p.m. of the third day prior to the day of a special primary election.
2. A public official receiving nominations shall not accept a petition unless a completed and signed consent form is filed at the same time.
3. A statement of nomination shall apply only to the election cycle in which the statement of nomination is filed.
The Secretary of State shall prescribe and furnish forms for a statement of nomination.
In the event that an independent vice presidential candidate withdraws in accordance with section 2412 of this chapter, the presidential candidate may submit to the Secretary of State on or before the ballot printing deadline a new consent form signed by the presidential candidate and his or her new vice presidential candidate.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), §§ 30-32; 1985, No. 196 (Adj. Sess.), § 9; 1995, No. 95 (Adj. Sess.), § 2; 2001, No. 83 (Adj. Sess.), § 4; 2007, No. 54 , § 3; 2007, No. 121 (Adj. Sess.), § 7, eff. May 6, 2008; 2009, No. 73 (Adj. Sess.), § 7, eff. April 7, 2010; 2009, No. 98 (Adj. Sess.), § 1, eff. May 10, 2010; 2013, No. 161 (Adj. Sess.), § 17a, eff. Jan. 1, 2016; 2015, No. 30 , § 7, eff. Jan. 1, 2016; 2017, No. 50 , § 17.

History

2012. Redesignated subdivs. (b)(1)-(5) as subdivs. (b)(1)(A)-(E) and added the (b)(2) designation for clarity.

Amendments--2017. Subdiv. (a)(4): Amended generally.

Subdivs. (d)(1)(A) and (d)(1)(C): Substituted "not earlier" for "not sooner".

Subdiv. (d)(1)(B): Substituted "not earlier than the fourth Monday in April and not" for "no".

Subdiv. (d)(2): Substituted "A" for "No"; and inserted "not" preceding "accept".

Subsec. (f): Added.

Amendments--2015. Subdiv. (d)(1): Amended generally.

Amendments--2013 (Adj. Sess.). Subdiv. (d)(1): Deleted "as set forth in section 2356 of this title" at the end.

Subdivs. (d)(1)(A), (d)(1)(B), and (d)(3): Added.

Amendments--2009 (Adj. Sess.). Subsec. (d): Act No. 73 substituted "second Thursday after the first Monday in June" for "first Monday in June" following "the".

Act No. 98, amending subsec. (d) as previously amended by Act 73, substituted "shall be filed as set forth in section 2356 of this title" for "shall be filed not sooner than the second Thursday after the first Monday in June and not later than the third day after the primary election" in the first sentence.

Amendments--2007 (Adj. Sess.) Subdiv. (a)(4): Added the second and third sentences.

Subdiv. (b)(2): Substituted "500" for "250".

Subsec. (c): Deleted the second and third sentences.

Subsec. (d): Substituted "sooner than the first Monday in June and not later than the third day after the primary election" for "later than the time for filing the statements prescribed in section 2386 of this title" in the first sentence.

Amendments--2007. Subsec. (d): Inserted "completed and signed" preceding "consent" and inserted "form" thereafter in the first sentence and added the second sentence.

Amendments--2001 (Adj. Sess.). Subsec. (b): Amended generally.

Amendments--1995 (Adj. Sess.) Subdiv. (b)(4): Added.

Amendments--1985 (Adj. Sess.). Substituted "statement" for "certificate" in the section heading, in the introductory clause of subsec. (a), in the second sentence of subdiv. (a)(4), in the first sentence of subsec. (b), in the first sentence and preceding "of nomination" and preceding "are registered" in the second sentence of subsec. (c) and in subsecs. (d) and (e).

Amendments--1979 (Adj. Sess.). Subdiv. (a)(4): Added the two last sentences.

Subdiv. (b)(1): Deleted "or" between "state" and "congressional" and inserted "presidential and vice-presidential".

Subsec. (c): Amended generally.

ANNOTATIONS

Analysis

1. Prior law.
2. Constitutionality.
3. Certification.

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former §§ 573, 574, and 577 of this title.

2. Constitutionality.

Secretary of State's interpretation of statute to require that town clerks certify only names appearing on original nominating petitions unduly burdened the First and Fourteenth Amendment rights of an independent candidate and his supporters. The burden on their rights was minor, but not trivial, and the requirement did not serve the State's interests of deterring fraud and promoting orderly elections in that the fraud scenario offered by the State was contrived and the administrative burdens were not so substantial or insurmountable as to outweigh the burden on the protected rights. Anderson v. State, 194 Vt. 437, 82 A.3d 577 (2013).

3. Certification.

Certification requirement for a statement of nomination merely calls upon town clerks to certify that the persons whose names appear as signers of the statement are registered voters in the town. Nothing about the certification requirement calls upon town clerks to authenticate the signatures on the nominating petitions. Anderson v. State, 194 Vt. 437, 82 A.3d 577 (2013).

§ 2403. Number of candidates; party names.

1. A statement of nomination shall contain the name of only one candidate, except in the case of presidential and vice presidential candidates, who may be nominated by means of the same statement of nomination. (a) (1) A statement of nomination shall contain the name of only one candidate, except in the case of presidential and vice presidential candidates, who may be nominated by means of the same statement of nomination.
2. A single statement of nomination shall contain only one office for which a person seeks to be a candidate.
1. The political or other name on a statement of nomination shall be substantially different from the name of any organized political party. It shall also be substantially different from the political or other name already appearing on any other statement of nomination for the same office then on file with the same officer for the same election. (b) (1) The political or other name on a statement of nomination shall be substantially different from the name of any organized political party. It shall also be substantially different from the political or other name already appearing on any other statement of nomination for the same office then on file with the same officer for the same election.
2. If the Secretary of State determines that it is not substantially different, the candidate named on the statement shall select a different political or other name; otherwise the Secretary shall print the word "Independent" on the ballot for that candidate.
1. Except in the case of presidential and vice presidential candidates, the word "independent" may not be used as part of a party name. (c) (1) Except in the case of presidential and vice presidential candidates, the word "independent" may not be used as part of a party name.
2. If no party is indicated, the word "Independent" shall be printed on the ballot.
3. A candidate appearing on the ballot as a candidate of a political party shall not also appear on the ballot as an "Independent."
  Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 33; 1985, No. 196 (Adj. Sess.), § 10; 2001, No. 5 , § 15; 2017, No. 50 , § 18; 2019, No. 67 , § 10.

History

Amendments--2019. Subsec. (a): Added the subdiv. (1) designation and deleted the last sentence in that subdiv., and added subdiv. (2).

Amendments--2017. Section amended generally.

Amendments--2001. In the fourth sentence, inserted "the secretary of state determines that" following "if" and added "otherwise the secretary may reject the statement of nomination" following "or other name".

Amendments--1985 (Adj. Sess.). Substituted "statement" for "certificate" wherever it appeared in the first through fourth sentences of the section.

Amendments--1979 (Adj. Sess.). Section amended generally.

§ 2404. Preservation of statements.

The Secretary of State shall preserve all statements until three months after the general election, after which they may be destroyed.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 34; 1985, No. 196 (Adj. Sess.), § 11.

History

Amendments--1985 (Adj. Sess.). Substituted "statements" for "certificates" in the catchline and in the text of the section.

Amendments--1979 (Adj. Sess.). Substituted "may" for "shall" preceding "be destroyed".

Subchapter 4. Miscellaneous Provisions

§ 2411. Applicability of other law.

Except as specifically provided in this chapter, all other provisions of this title shall govern the several procedures specified in this chapter for the making of nominations.

Added 1977, No. 269 (Adj. Sess.), § 1.

§ 2412. Withdrawal of candidacy.

1. A candidate who has been validly nominated by one of the methods prescribed in this chapter shall have a right to withdraw his or her candidacy up until 5:00 p.m. on the tenth day following the primary by filing a written notice of withdrawal with the town clerk in the case of a candidate for justice of the peace, and with the Secretary of State in the case of all other offices. (a) (1) A candidate who has been validly nominated by one of the methods prescribed in this chapter shall have a right to withdraw his or her candidacy up until 5:00 p.m. on the tenth day following the primary by filing a written notice of withdrawal with the town clerk in the case of a candidate for justice of the peace, and with the Secretary of State in the case of all other offices.
2. The name of a candidate who has withdrawn in accordance with the provisions of this subsection shall not be printed on the ballot.
After the date described in subdivision (a)(1) of this section, if the candidate has filed a written notice of withdrawal, the town clerk or Secretary of State may still remove the candidate's name from the ballot up until the printing deadline.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 35; 2003, No. 59 , § 14; 2017, No. 50 , § 19.

History

Amendments--2017. Section amended generally.

Amendments--2003. Added "or her" following "his", substituted "third day following the primary" for "47th day before the day of the election" in the first sentence, substituted "the" for "a" and deleted "which he . . . ahead of time" at the end of the last sentence.

Amendments--1979 (Adj. Sess.). Substituted "shall have a right to withdraw his candidacy up until 5:00 p.m. on the forty-seventh day" for "may withdraw his candidacy at least 47 days" in the first sentence and added the last sentence.

ANNOTATIONS

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 432 of this title.

§ 2413. Nomination of justices of the peace.

1. The party members in each town, on or before each primary election, upon the call of the town committee, may meet in caucus and nominate candidates for justice of the peace. (a) (1) The party members in each town, on or before each primary election, upon the call of the town committee, may meet in caucus and nominate candidates for justice of the peace.
2. 1. The committee shall give notice of the caucus by posting notice at the office of the town clerk and two other public places in the town at least five days prior to the caucus. (2) (A) The committee shall give notice of the caucus by posting notice at the office of the town clerk and two other public places in the town at least five days prior to the caucus.
  2. In addition, for towns with over 3,000 voters, the committee shall post this notice at least one day prior to the caucus:
    1. 1. in a newspaper of general circulation within the town; or
      (II) on a nonpartisan electronic news media website that specializes in news of the State or the community; and
    2. on the municipality's website, if the municipality actively updates its website on a regular basis.
3. [Repealed.]
If it does not hold a caucus as provided in subsection (a) of this section, the town committee shall meet and nominate candidates for justices of the peace as provided in sections 2381 through 2385 of this title. At least three days prior to this meeting, the town committee shall provide notice of the meeting by e-mailing or mailing committee members and by posting notice of the meeting in the office of the town clerk and in two other public places in the town.
In any town in which a political party has not formally organized, any three members of the party who are voters in the town may call a caucus to nominate candidates for justice of the peace by giving notice as required in subsection (a) of this section. Upon meeting, the caucus shall first elect a chair and a secretary. Thereafter the caucus shall nominate its candidates for justice of the peace.
[Repealed.]
For any nomination made under this section, the chair and secretary of the committee or caucus shall file the statement required by section 2385 of this title by 5:00 p.m. on the third day following the primary election.
Added 1979, No. 200 (Adj. Sess.), § 36; amended 2009, No. 73 (Adj. Sess.), § 8, eff. April 7, 2010; 2009, No. 98 (Adj. Sess.), § 1, eff. May 10, 2010; 2013, No. 161 (Adj. Sess.), § 18, eff. May 28, 2014; 2015, No. 30 , § 8, eff. May 26, 2015.

History

Amendments--2015. Subdiv. (a)(3): Repealed.

Subsec. (c): Rewrote the last sentence.

Subsec. (e): Added.

Amendments--2013 (Adj. Sess.). Subdiv. (a)(1): Substituted "each primary election" for "the first Tuesday of August in each even numbered year" following "on or before".

Subdiv. (a)(2)(A): Substituted "by posting notice at the office of the town clerk and two other public places in the town at least five days prior to the caucus." for "as provided in subsection (d) of this section and the chairman" at the end.

Subdiv. (a)(2)(B): Added.

Subdiv. (a)(3): Inserted "The chair" at the beginning and "of the committee" following "and secretary".

Subsec. (b): Added the second sentence.

Subsec. (c): Substituted "subsection (a) of this section" for "subsection (d) of this section" at the end of the first sentence and "chair" for "chairman" twice.

Subsec. (d): Repealed.

Amendments--2009 (Adj. Sess.). Subsec. (a): Act No. 73 substituted "fourth Tuesday of August" for "first Tuesday of September" following "the".

Act No. 98, as previously amended by Act 73, substituted "first" for "fourth" preceding "Tuesday of August" in the first sentence, and "required in section 2385 of this title not later than 5:00 p.m. on the third day following the primary election" for "required in sections 2385 through 2387 of this title" in the second sentence.

Subsec. (b): Act No. 98 substituted "2385" for "2387".

Subsec. (c): Act No. 98 substituted "section 2385 of this title not later than 5:00 p.m. on the third day following the primary election" for "sections 2385 through 2387 of this title".

§ 2414. Candidates for State and legislative office; disclosure form.

Each candidate for State office, State Senator, or State Representative shall file with the officer with whom consent of candidate forms are filed, along with his or her consent, a disclosure form prepared by the State Ethics Commission that contains the following information in regard to the previous calendar year:
1. Each source, but not amount, of personal income of the candidate and of his or her spouse or domestic partner, and of the candidate together with his or her spouse or domestic partner, that totals more than $5,000.00, including any of the sources meeting that total described as follows:
  1. employment, including the employer or business name and address and, if self-employed, a description of the nature of the self-employment without needing to disclose any individual clients; and
  2. investments, described generally as "investment income."
2. Any board, commission, or other entity that is regulated by law or that receives funding from the State on which the candidate served and the candidate's position on that entity.
3. Any company of which the candidate or his or her spouse or domestic partner, or the candidate together with his or her spouse or domestic partner, owned more than 10 percent.
4. Any lease or contract with the State held or entered into by:
  1. the candidate or his or her spouse or domestic partner; or
  2. a company of which the candidate or his or her spouse or domestic partner, or the candidate together with his or her spouse or domestic partner, owned more than 10 percent.
In addition, if a candidate's spouse or domestic partner is a lobbyist, the candidate shall disclose that fact and provide the name of his or her spouse or domestic partner and, if applicable, the name of his or her lobbying firm.
In addition, each candidate for State office shall attach to the disclosure form described in subsection (a) of this section a copy of his or her most recent U.S. Individual Income Tax Return Form 1040; provided, however, that the candidate may redact from that form the following information:
1. the candidate's Social Security number and that of his or her spouse, if applicable;
2. the names of any dependent and the dependent's Social Security number; and
3. the signature of the candidate and that of his or her spouse, if applicable.
1. A senatorial district clerk or representative district clerk who receives a disclosure form under this section shall forward a copy of the disclosure to the Secretary of State within three business days of receiving it. (d) (1) A senatorial district clerk or representative district clerk who receives a disclosure form under this section shall forward a copy of the disclosure to the Secretary of State within three business days of receiving it.
2. 1. The Secretary of State shall post a copy of any disclosure forms and tax returns he or she receives under this section on his or her official State website. The forms shall remain posted on the Secretary's website until the date of the filing deadline for petition and consent forms for major party candidates for the statewide primary in the following election cycle. (2) (A) The Secretary of State shall post a copy of any disclosure forms and tax returns he or she receives under this section on his or her official State website. The forms shall remain posted on the Secretary's website until the date of the filing deadline for petition and consent forms for major party candidates for the statewide primary in the following election cycle.
  2. Prior to posting, the Secretary shall redact from a tax return the information permitted to be redacted under subsection (c) of this section, if the candidate fails to do so.
As used in this section:
1. "Domestic partner" means an individual with whom the candidate has an enduring domestic relationship of a spousal nature, as long as the candidate and the domestic partner:
  1. have shared a residence for at least six consecutive months;
  2. are at least 18 years of age;
  3. are not married to or considered a domestic partner of another individual;
  4. are not related by blood closer than would bar marriage under State law; and
  5. have agreed between themselves to be responsible for each other's welfare.
2. "Lobbyist" and "lobbying firm" shall have the same meanings as in 2 V.S.A. § 261 .
  Added 2017, No. 79 , § 3, eff. Jan. 1, 2018; amended 2019, No. 67 , § 10.

History

Amendments--2019. Subdiv. (d)(2)(A): Added the second sentence.

Subchapter 5. Presidential Nominations

§ 2420. Repealed. 1985, No. 198 (Adj. Sess.), § 10.

History

Former § 2420. Former § 2420, relating to time for notification to the Secretary of State of presidential and vice presidential nominees, was derived from 1979, No. 200 (Adj. Sess.), § 37.

CHAPTER 51. CONDUCT OF ELECTIONS

SUBCHAPTER 1. ELECTION OFFICIALS

SUBCHAPTER 2. BALLOTS

SUBCHAPTER 3. VOTE TABULATORS

SUBCHAPTER 4. POLLING PLACES

SUBCHAPTER 5. WARNINGS, NOTICES, SAMPLE BALLOTS, AND OTHER VOTER INFORMATION

SUBCHAPTER 6. EARLY OR ABSENTEE VOTERS

SUBCHAPTER 6A. PROVISIONAL VOTING AND VOTER AFFIRMATION

SUBCHAPTER 7. PROCESS OF VOTING

SUBCHAPTER 8. COUNT AND RETURN OF VOTES

SUBCHAPTER 9. RECOUNTS AND CONTEST OF ELECTIONS

SUBCHAPTER 10. JURISDICTION OF COURTS

Cross References

Cross references. Local elections, see chapter 55 of this title.

Presidential elections, see chapter 57 of this title.

Primary elections, see chapter 49 of this title.

Subchapter 1. Election Officials

Cross References

Cross references. Primary elections, see chapter 49 of this title.

Local elections, see chapter 55 of this title.

Presidential elections, see chapter 57 of this title.

§ 2451. Board of civil authority.

The board of civil authority shall have charge of the conduct of elections within the political subdivision for which it is elected.
At any time before an election, the board of civil authority may issue guidance for elections officials that assists officials in conducting elections within the political subdivision. Guidance issued by the board shall not conflict with federal or State elections laws.
A quorum of the board of civil authority shall be available at all times when the polls are open, and those members of the board of civil authority present at a polling place shall constitute a quorum for the transaction of business relating to the conduct of the election and the qualification and registration of voters at this polling place.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 38; 2003, No. 59 , § 16.

History

2018. Added the subsec. (a)-(c) designations.

Amendments--2003. Added the second and third sentences.

Amendments--1979 (Adj. Sess.). Inserted "and the qualification and registration of voters" preceding "at this polling place" in the last sentence.

§ 2452. Presiding officer.

The town clerk shall be the presiding officer unless the town by vote at an annual meeting or by charter shall provide otherwise. If the regular presiding officer is unavailable or unable to preside at any given election, then the board of civil authority shall promptly appoint a voter of the town to serve as the presiding officer at that election.
If more than one polling place is used, the board shall appoint a presiding officer for each additional polling place. These presiding officers for additional polling places shall be appointed for no more than two year terms, but may be reappointed and may have their appointments revoked.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 39.

History

Amendments--1979 (Adj. Sess.). Section amended generally.

§ 2453. Duties of presiding officer.

The presiding officer shall be responsible for preparation of polling places and voting equipment, opening and closing the polls, scheduling the working hours of all election officials, counting votes and certifying the results of the count, securing all ballots, maintaining order at the polls, and in all things assuring that the election is conducted according to law. If it is necessary for the presiding officer to be absent from the polling place during any part of the election, he or she shall designate another to act in his or her stead until he or she returns. The presiding officer shall make every reasonable effort to assure that at least one election official from each major party is present at the polling place at all times.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 40.

History

Amendments--1979 (Adj. Sess.). Inserted "make every reasonable effort to" preceding "assure" in the last sentence.

§ 2454. Assistant election officers.

Prior to the day of the election, the board of civil authority shall appoint a sufficient number of voters from each municipality to serve as assistant election officers. As far as possible, the board shall attempt to appoint an equal number of persons from each major political party. Each assistant election officer shall be sworn prior to entering on the performance of his or her duties. An assistant town clerk may serve as an assistant elections officer, regardless of his or her residence.
The board of civil authority may appoint residents of a municipality who are 16 or 17 years old to serve as assistant elections officers in their respective polling places. Youth assistant elections officers shall have the same duties as adult assistant elections officers but shall work under the direct supervision of adult elections officials.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 2003, No. 4 , § 1; 2003, No. 59 , § 17; 2009, No. 40 , § 1.

History

Editor's note. The text of this section is based on a harmonization of two amendments. During the 2003 session, this section was amended twice, by Act Nos. 4 and 59, resulting in two versions of this section. In order to reflect all of the changes enacted by the Legislature during the 2003 session, the texts of Act Nos. 4 and 59 were merged to arrive at a single version of this section. The changes that each of the amendments made are described in amendment notes set out below.

Amendments--2009. Subsec. (a): Substituted "municipality" for "voting district" following "each" and deleted "in their respective polling places" following "officers".

Subsec. (b): Substituted "municipality" for "voting district" in the first sentence.

Amendments--2003. Subsec. (a): Act No. 59 designated prior provisions of the section as the present subsec. (a), and added "or her" following "his" in the third sentence. Act Nos. 4 and 59 both added the fourth sentence.

Subsec. (b): Added by Act No. 59.

§ 2455. Election officials; duties; political party representation.

The assistant election officers, together with the presiding officer and the board of civil authority, shall constitute the election officials.
Except as may be specifically provided in this title, the presiding officer shall notify each election official of the hours when he or she shall be present to work at the polls and of the duties assigned to each election official.
When the provisions of this title require two or more election officials of different political parties to perform an act, that political party representation requirement shall not be required if attempts to conform to it were not successful.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 2017, No. 50 , § 20.

History

Amendments--2017. Rewrote the section heading; added the subsec. (a) and (b) designations and inserted "of" preceding "the duties" in subsec. (b); and added subsec. (c).

§ 2456. Disqualifications.

Notwithstanding the preceding sections of this subchapter, no person shall serve as an election official in any election in which his or her name appears on a ballot of the Australian ballot system as a candidate for any office unless he or she is the only candidate for that office, or unless the office for which he or she is a candidate is that of moderator, justice of the peace, town clerk, treasurer, ward clerk, or inspector of elections. When an Australian ballot is not used, a person shall not serve as an election official during the election to fill any office for which he or she is a nominee.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 1981, No. 239 (Adj. Sess.), § 14; 2001, No. 5 , § 4; 2007, No. 121 (Adj. Sess.), § 8.

History

Amendments--2007 (Adj. Sess.) Substituted "treasurer" for "clerk-treasurer" preceding ", ward clerk" in the first sentence, and deleted the third sentence.

Amendments--2001. In the first sentence, inserted "or her" following "his" and deleted "constable" following "justice of the peace", and added "or she" following "he" wherever it appeared throughout the section.

Amendments--1981 (Adj. Sess.). Inserted "clerk-treasurer" following "town clerk" in the first sentence and added the last sentence.

§ 2457. Workshops and information for election officials.

The Secretary of State or his or her designee shall organize regional workshops for election officials, provide them with informational materials about the conduct of elections and recounts, and otherwise help them run elections in conformance with State and federal law.
1. The regular presiding officer of each town or an assistant designated by the board of civil authority shall attend, at the town's expense, at least one of these election workshops every two years. (b) (1) The regular presiding officer of each town or an assistant designated by the board of civil authority shall attend, at the town's expense, at least one of these election workshops every two years.
2. Each town clerk shall file with the Secretary of State by December 31 of each even-numbered year a letter certifying compliance with this subsection.
1. The town clerk of each town shall provide the Secretary of State with the names and addresses of all members of the board of civil authority and shall promptly notify the Secretary of State of any changes in the list. (c) (1) The town clerk of each town shall provide the Secretary of State with the names and addresses of all members of the board of civil authority and shall promptly notify the Secretary of State of any changes in the list.
2. The Secretary of State shall invite all members of the boards of civil authority to the workshops and provide them with informational materials.
  Added 1979, No. 200 (Adj. Sess.), § 41; amended 1985, No. 148 (Adj. Sess.), § 1; 2003, No. 59 , § 15; 2013, No. 161 (Adj. Sess.), § 19.

History

Amendments--2013 (Adj. Sess.). Subsec. (a): Substituted "The Secretary of State or his or her designee" for "The secretary of state" at the beginning, and inserted a comma following "recounts".

Subdiv. (b)(2): Added.

Amendments--2003. Subsec. (a): Substituted "conformance with state and federal law" for "a proper and legal manner".

Amendments--1985 (Adj. Sess.). Subsec. (a): Inserted "and recounts" preceding "and otherwise".

§ 2458. Complaint procedure.

The Secretary of State shall adopt rules to establish a uniform and nondiscriminatory complaint procedure to be used by any person who believes that a violation of this title or any other provision of 52 U.S.C. chapter 209, subchapter III (Uniform and Nondiscriminatory Election Technology and Administration Requirements) has occurred, is occurring, or is about to occur in the course of any election in which a candidate for federal office appears on the ballot.
As used in this section, "complaint" means a statement in writing made by a voter stating, with particularity, the violation, notarized, and sworn or affirmed under penalty of perjury.
The Secretary's rules shall provide for an informal proceeding to hear complaints for all complainants unless a formal hearing is requested. Formal complaints held pursuant to this section shall be in conformance with the rules adopted by the Secretary.

Any decision of the Secretary may be appealed to the Superior Court in the county where the individual resides.

Added 2003, No. 59 , § 18; amended 2019, No. 67 , § 11.

History

Reference in text. Title III of United States Public Law 107-252, referred to in this section is the Uniform and Nondiscriminatory Election Technology and Administration Requirements title of the Help America Vote Act of 2002, and is codified as 52 U.S.C. § 21081 et seq.

Amendments--2019. Added subsec. designations (a) through (d).

Subsec. (a): Substituted "52 U.S.C. chapter 209, subchapter III (Uniform and Nondiscriminatory Election Technology and Administration Requirements)" for "Title III of United States Public Law 107-252" and inserted "in the course of any election in which a candidate for federal office appears on the ballot" at the end of the sentence.

Subsec. (b): Substituted "As used in this section, 'complaint' means" for "For purposes of this section, 'complaint' shall mean".

Subchapter 2. Ballots

Cross References

Cross references. Counting and return of votes, see subchapter 8 of this chapter.

Process of voting, see subchapter 7 of this chapter.

Sample ballots, see § 2522 of this chapter.

Voting tabulators, see subchapter 3 of this chapter.

§ 2471. General election ballot.

1. A consolidated ballot shall be used at a general election, which shall list the several candidates for the offices to be voted upon. The offices of President and Vice President of the United States, U.S. Senator, U.S. Representative, Governor, Lieutenant Governor, State Treasurer, Secretary of State, Auditor of Accounts, Attorney General, State Senator, Representative to the General Assembly, Judge of Probate, assistant judge, State's Attorney, sheriff, and high bailiff shall be listed in that order. Any statewide public question shall also be listed on the ballot, before the listing of all offices to be filled. (a) (1) A consolidated ballot shall be used at a general election, which shall list the several candidates for the offices to be voted upon. The offices of President and Vice President of the United States, U.S. Senator, U.S. Representative, Governor, Lieutenant Governor, State Treasurer, Secretary of State, Auditor of Accounts, Attorney General, State Senator, Representative to the General Assembly, Judge of Probate, assistant judge, State's Attorney, sheriff, and high bailiff shall be listed in that order. Any statewide public question shall also be listed on the ballot, before the listing of all offices to be filled.
2. The ballot shall be prepared at State expense under the direction of the Secretary of State. The color of the ballot shall be determined by the Secretary of State. The printing shall be black. Ballots shall be printed on index stock and configured to be readable by vote tabulators. The font shall be at least 10 points for candidate names unless a name exceeds 24 characters, in which case the candidate may change his or her consent form name to 24 characters or less, or the font may be reduced as needed to fit the candidate name space.
Ballots for justices shall be prepared at town expense, under the direction of the town clerk, in the town in which they are to be used. The printing shall be black and shall conform as nearly as possible to the format of the general election ballot.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 42; 1985, No. 196 (Adj. Sess.), § 7; 1993, No. 138 (Adj. Sess.), § 1; 2007, No. 54 , § 4; 2013, No. 161 (Adj. Sess.), § 22.

History

Amendments--2013 (Adj. Sess.). Subdiv. (a)(1): Substituted the present second sentence for "The offices of president and vice-president of the United States, United States senator, United States representative, governor, lieutenant governor, state treasurer, secretary of state, auditor of accounts, attorney general, state senator, representative to the general assembly, judge of probate , assistant judge, state's attorney, sheriff, and high bailiff shall be listed in that order."

Subdiv. (a)(2): Added the fourth and fifth sentences.

Amendments--2007. Subsec. (a): Deleted "yellow; however, in the case of a town that uses vote tabulators designed to tabulate ballots from multiple districts by means of a single tabulator, the color of the ballots shall be" preceding "ballot shall be" and "in consultation with the town clerk" following "secretary of state" in the fifth sentence.

Subsec. (b): Deleted the second and third sentences and added the last one.

Amendments--1993 (Adj. Sess.). Subsec. (a): Rewrote the fifth sentence as the fifth and sixth sentences.

Amendments--1985 (Adj. Sess.). Subsec. (a): Inserted "judge of probate" preceding "assistant judge" and deleted "judge of probate" thereafter in the second sentence and substituted "before" for "following" following "ballot" in the third sentence.

Amendments--1979 (Adj. Sess.). Subsec. (b): Deleted "other local officers, and local public questions" following "justices" in the first sentence and added the last sentence.

ANNOTATIONS

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former §§ 791 and 792 of this title.

§ 2472. Contents.

The ballot shall be titled "OFFICIAL VERMONT GENERAL ELECTION BALLOT," followed by the date of the election. Immediately below, the following instructions shall be printed: "Instruction to Voters: To vote for a candidate whose name is printed on the ballot, fill in the oval at the right of that person's name and party designation. To vote for a candidate whose name is not printed on the ballot, write the person's name on the blank line in the appropriate block and fill in the oval to the right of that blank line. When there are two or more candidates to be elected to one office, you may vote for any number of candidates up to and including the maximum number." The name of the town or towns and legislative district in which the ballot is to be used shall be listed in the upper left hand corner.
1. Each office to be voted upon shall be separately indicated and preceded by the word "For," as: "For United States Senator." Beneath the office to be voted upon shall appear the instructions: "Vote for not more than (the number of candidates to be elected)." (b) (1) Each office to be voted upon shall be separately indicated and preceded by the word "For," as: "For United States Senator." Beneath the office to be voted upon shall appear the instructions: "Vote for not more than (the number of candidates to be elected)."
2. The names of the candidates for each office shall be listed in alphabetical order by surname, followed by the candidate's town of residence, and the party or parties by which the candidate has been nominated, or in the case of independent candidates who have not chosen some other name or identification, by the word "Independent." The word "party" shall not be printed on the ballot following a candidate's party name.
3. To the right of the party designation shall be an oval in which the voter may indicate his or her choice by filling in the oval.
4. A candidate's name shall not appear on the ballot more than once for any one office.
Following the names of candidates for each office, there shall be as many blank write-in lines as there are persons to be elected to that office. To the right of each such line shall be the words "Write-In" and an oval identical to the ovals that follow the candidates' names. Lines provided for writing in names for President and Vice President shall be separately designated by the words "President" and "Vice President."
[Repealed.]
When an article is to be voted on and the legislative body determines that the article is too long or unwieldy to show in full on the ballot, it shall be sufficient for the ballot to show the article by the number and title for that article as they were listed in the warning for the election. However, the complete article shall be posted in a conspicuous place within each voting booth.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.),§§ 43-45; 2007, No. 54 , § 5; 2013, No. 161 (Adj. Sess.), § 23; 2015, No. 30 , § 9, eff. May 26, 2015; 2017, No. 50 , § 21; 2019, No. 131 (Adj. Sess.), § 121.

History

Amendments--2019 (Adj. Sess.). Subsec. (a): Inserted quotation marks at the end of the third sentence following "Instruction to Voters:".

Amendments--2017. Subdiv. (b)(2): Added the last sentence.

Amendments--2015. Subsec. (a): Deleted "mark a cross (X) or" following "printed on the ballot" in the first sentence and added "and fill in the oval to the right of that blank line" at the end of the second sentence.

Subdiv. (b)(3): Deleted "making a cross (X) or" following "her choice by" and "if tabulators are being used" following "the oval".

Amendments--2013 (Adj. Sess.). Subdiv. (b)(4): Substituted "A candidate's name shall not" for "No candidate's name shall" at the beginning.

Subsec. (d): Repealed.

Subsec. (e): Added.

Amendments--2007. Subsec. (a): Amended generally.

Subsec. (b): In the penultimate sentence, substituted "an oval" for "a square at least one quarter inch on each side" following "shall be", added "or her" following "his", and "or filling in the oval if tabulators are being used" at the end.

Subsec. (c): Added "write-in" preceding "lines" in the first sentence; substituted "an oval" for "a square" preceding "identical", "ovals" for "squares" preceding "identical to" in the second sentence.

Subsec. (d): Amended generally.

Subsec. (e): Deleted.

Amendments--1979 (Adj. Sess.). Subsec. (b): Added "or in the case of independent candidates who have not chosen some other name or identification, by the word 'Independent"' following "nominated" in the third sentence.

Subsec. (e): Added "underlined" following "type" in subdiv. (3) and substituted "10" for "8" in subdiv. (7).

§ 2473. Provisions relative to presidential election.

When the President and Vice President are to be elected, the ballot shall contain the names of all candidates for these offices, arranged in alphabetical order according to the surname of the presidential candidate of each party. The names of the electors shall not be printed on the ballot. A vote for the presidential and vice presidential nominees of a party shall constitute a vote for the electors nominated by that party.
The name and state of residence of the presidential and vice presidential candidate of each party shall be listed on separate lines joined together by a bracket, followed by the party designations and a single square for that pair of candidates. In lieu of the instructions: "Vote for not more than (the number of candidates to be elected)," the following instructions shall appear: "Mark ONE oval only."
1. If a candidate whose name is not printed on the ballot receives the greatest number of votes for President, the Secretary of State shall notify him or her of that fact, and within two weeks thereafter, the candidate shall file with the Secretary of State a list of voters equal to the number of electors that the State is entitled to elect. The list shall be signed by the candidate personally. (c) (1) If a candidate whose name is not printed on the ballot receives the greatest number of votes for President, the Secretary of State shall notify him or her of that fact, and within two weeks thereafter, the candidate shall file with the Secretary of State a list of voters equal to the number of electors that the State is entitled to elect. The list shall be signed by the candidate personally.
The persons so named shall be electors, having the duties prescribed in this title.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 2007, No. 54 , § 6; 2019, No. 67 , § 12.

History

Amendments--2019. Subsec. (c): Added the subdiv. (1) and (2) designations and substituted "voters" for "freemen and freewomen" in subdiv. (1).

Amendments--2007. Subsec. (b): Substituted "ONE oval" for "ONE square" in the last sentence.

Cross References

Cross references. Presidential elections generally, see chapter 57 of this title.

§ 2474. Choice of party.

1. A person nominated by any means for the same office by more than one political party may elect, not later than 5:00 p.m. on the tenth day following the primary election, the party or parties in which the nominee will be a candidate. The nominee shall notify in writing the Secretary of State or town clerk, as the case may be, of such choice by that deadline, and only the party or parties that the nominee so elects shall be printed next to the nominee's name on the ballot. (a) (1) A person nominated by any means for the same office by more than one political party may elect, not later than 5:00 p.m. on the tenth day following the primary election, the party or parties in which the nominee will be a candidate. The nominee shall notify in writing the Secretary of State or town clerk, as the case may be, of such choice by that deadline, and only the party or parties that the nominee so elects shall be printed next to the nominee's name on the ballot.
2. If the nominee does not notify the Secretary of State or the town clerk of his or her choice of party, the Secretary of State shall print on the ballot those parties next to the nominee's name by listing in this order:
  1. the major political party for which the nominee had his or her name printed on the ballot in the primary;
  2. any major political parties that nominated the nominee by the party committee, in the order in which the nominations were submitted to the Secretary of State;
  3. any major political parties for which the nominee received write-in votes, in an order from highest to lowest vote counts; and
  4. any minor political parties that nominated the nominee by party committee, in the order in which the nominations were submitted to the Secretary of State.
1. A candidate for State office who is the nominee of two or more political parties shall file with the Secretary of State, not later than 5:00 p.m. the tenth day following the primary election, a statement designating for which party the votes cast for him or her shall be counted for the purposes of determining whether his or her designated party shall be a major political party. The party so designated shall be the first party to be printed immediately after the candidate's name on the ballot. (b) (1) A candidate for State office who is the nominee of two or more political parties shall file with the Secretary of State, not later than 5:00 p.m. the tenth day following the primary election, a statement designating for which party the votes cast for him or her shall be counted for the purposes of determining whether his or her designated party shall be a major political party. The party so designated shall be the first party to be printed immediately after the candidate's name on the ballot.
2. If a candidate does not file the statement by that deadline, the Secretary of State shall designate the party for which the votes cast shall be counted as provided in subdivision (a)(2) of this section.
  Added 1977, No. 269 (Adj. Sess.), § 1; amended 1989, No. 200 (Adj. Sess.), § 2; 2003, No. 59 , § 19; 2013, No. 161 (Adj. Sess.), § 24; 2015, No. 30 , § 10, eff. May 26, 2015.

History

Amendments--2015. Subdiv. (a)(1): Substituted "not later than 5:00 p.m. on the tenth day following" for "not later than the first Friday following" in the first sentence and, inserted "by that deadline" following "such choice" in the second sentence.

Subdiv. (b)(1): Substituted "not later than 5:00 p.m. on the tenth day following" for "not later than the first Friday following" in the first sentence.

Subdiv. (b)(2): Substituted "statement by that deadline" for "statement before the first Friday following the primary" following "file the".

Amendments--2013 (Adj. Sess.). Subdiv. (a)(1): In the first sentence, inserted "may elect" following "political party", substituted "first Friday" for "second Friday" following "not later than the", and deleted "may elect," following "the primary election".

Subdiv. (a)(2): Added.

Subdiv. (b)(1): In the first sentence, substituted "A candidate for State office" for "A candidate for state or congressional office" at the beginning, and "first Friday" for "second Friday" following "not later than the".

Subdiv. (b)(2): Substituted "first Friday" for "second Friday" following "statement before the" and "the party for which the votes cast shall be counted as provided in subdivision (a)(2) of this section" for "by lot the party to be printed immediately after the candidate's name" at the end.

Amendments--2003. Section amended generally.

Amendments--1989 (Adj. Sess.). Subsec. (a): Substituted "the nominee" for "he" wherever it appeared and substituted "the nominee's" for "his" preceding "name" in the second sentence.

ANNOTATIONS

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 795 of this title.

§ 2475. Death or withdrawal of candidate.

When a candidate dies or withdraws and the vacancy is filled as provided in chapter 49 of this title, the name supplied for the vacancy shall be inserted instead of the original nomination. If the ballots have already been printed, the officer who furnished them shall prepare and furnish new ballots. The town clerk in each town shall, upon delivery of the new ballots, immediately destroy all original ballots except those already supplied to or used by early or absentee voters. Such early or absentee voter ballots shall be acceptable and counted with the other ballots.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 46; 2001, No. 6 , § 12(b), eff. April 10, 2001.

History

Amendments--2001. Substituted "early or absentee voters" for "absent voters" at the end of the third sentence and "early or absentee" for "absent" preceding "voter ballots" in the fourth sentence.

Amendments--1979 (Adj. Sess.). Section amended generally.

§ 2476. Repealed. 1985, No. 197 (Adj. Sess.), § 2.

History

Former § 2476. Former § 2476, relating to the inspection of ballots by candidates prior to election and before delivery of the ballots to town clerks, was derived from 1977, No. 269 (Adj. Sess.), § 1, and amended by 1979, No. 200 (Adj. Sess.), § 47.

§ 2477. Repealed. 2003, No. 94 (Adj. Sess.), § 5.

History

Former § 2477. Former § 2477, relating to requirement that ballots be fastened into blocks of 100 detachable ballots, was derived from 1977, No. 269 (Adj. Sess.), § 1.

§ 2478. Number of paper ballots to be printed and furnished.

For primary elections, the Secretary of State shall furnish each town with a sufficient number of printed ballots based on the history of voter turnout in the town and in consultation with the town clerk.
For general elections, the Secretary of State shall furnish each town with a number of printed ballots approximately equal to 100 percent of the number of voters on the checklist for the primary election.
If necessary due to unusual growth of the checklist, a town clerk may request additional ballots from the Secretary of State at least 40 days before the election.
For local ballots, the town clerk shall cause such number of ballots to be printed and furnished as the board of civil authority shall designate.
[Repealed.]
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 48; 1981, No. 239 (Adj. Sess.), § 15; 1985, No. 109 (Adj. Sess.); 1991, No. 127 (Adj. Sess.); 2003, No. 94 (Adj. Sess.), § 1; 2013, No. 161 (Adj. Sess.), § 25.

History

Amendments--2013 (Adj. Sess.). Subsec. (e): Repealed.

Amendments--2003 (Adj. Sess.). Subsec. (a): Inserted "printed" preceding "ballots".

Subsec. (b): Inserted "printed" preceding "ballots".

Subsec. (c): Deleted former subsec. (c) and redesignated former subsecs. (d) and (e) as present subsecs. (c) and (d).

Subsec. (e): Added.

Amendments--1991 (Adj. Sess.). Subsec. (a): Inserted "sufficient" preceding "number" and substituted "based on the history of voter turnout in the town and in consultation with the town clerk" for "equal to at least 70 percent of the number of voters on its checklist" following "ballots".

Amendments--1985 (Adj. Sess.). Subsec. (a): Inserted "at least 70 percent of" following "equal to".

Subsec. (b): Inserted "100 percent of" following "equal to".

Subsec. (c): Inserted "paper" preceding "ballots shall be ten percent of the number" and substituted "of voters on the checklist for the primary election" for "calculated under this section" thereafter.

Amendments--1981 (Adj. Sess.). Subsec. (a): Amended generally.

Amendments--1979 (Adj. Sess.). Section amended generally.

§ 2479. Manner of distribution.

Not later than 45 days before the election, the Secretary of State shall furnish the prepared ballots to the clerk of each town. Ballots shall be sent in securely fastened packages by mail or in some other safe manner, with marks on the outside clearly designating the polling place for which they are intended and the number of ballots enclosed. The town clerk shall store the ballots, except for ballots used as early or absentee voter or sample ballots, in a secure place until the day of the election, at which time the town clerk shall deliver them in sufficient quantities to the presiding officer in each polling place, together with any ballots prepared by the town clerk.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 1985, No. 197 (Adj. Sess.), § 3; 2001, No. 6 , § 12(b), eff. April 10, 2001; 2001, No. 83 (Adj. Sess.), § 5; 2007, No. 54 , § 7; 2009, No. 73 (Adj. Sess.), § 9, eff. April 7, 2010.

History

Amendments--2009 (Adj. Sess.). Substituted "45" for "30" preceding "days" in the first sentence.

Amendments--2007. Deleted the last sentence.

Amendments--2001 (Adj. Sess.). Substituted "30 days" for "35 days" preceding "before the election" and substituted "prepared ballots" for "ballots the secretary has prepared" in the first sentence.

Amendments--2001. Substituted "early or absentee voter" for "absent voter" in the third sentence.

Amendments--1985 (Adj. Sess.). Substituted "35" for "20" preceding "days" and "the secretary" for "he" following "ballots" in the first sentence and "the town clerk" for "he" preceding "shall" and for "himself" following "prepared by" in the third sentence.

§ 2480. Substitute ballots.

If the ballots to be furnished to a polling place are not duly delivered or if, after delivery, they are destroyed or stolen or if the number proves insufficient, the presiding officer shall cause other ballots to be prepared substantially in the form of those so wanting. Upon delivery of such ballots at the polling place by him or her, accompanied by his or her statement under oath, which shall be recorded by the town clerk, that the same have been so prepared and furnished by him or her and that he or she failed to receive the original ballots or that the same have been destroyed or stolen or that the number has proved insufficient, the ballot clerks shall cause such substituted ballots to be used in place of those wanting.

Added 1977, No. 269 (Adj. Sess.), § 1.

§ 2481. Printed ballots required.

Except in the case of voice votes from the floor, divisions, or voting at a floor meeting by paper ballot at a local election, no voting shall occur in any local, primary, or general election that does not use printed ballots.

Added 2013, No. 161 (Adj. Sess.), § 26.

History

Former § 2481. Former § 2481, relating to sample ballots, was derived from 1977, No. 269 (Adj. Sess.), § 1. This section was previously repealed by 1979, No. 200 (Adj. Sess.), § 120.

§ 2482. Repealed. 1979, No. 200 (Adj. Sess.), § 120.

History

Former § 2482. Former § 2482, relating to instructions, distribution of cards of instruction, and sample ballots, was derived from 1977, No. 269 (Adj. Sess.), § 1.

Subchapter 3. Vote Tabulators

§ 2491. Political subdivision; vote tabulators.

Except as provided in subsection (b) of this section, a board of civil authority may, at a meeting held not less than 60 days prior to an election and warned pursuant to 24 V.S.A. § 801 , vote to require the political subdivision for which it is elected to use vote tabulators for the registering and counting of votes in subsequent local, primary, or general elections, or any combination of those.
A town with 1,000 or more registered voters as of December 31 in an even-numbered year shall use vote tabulators for the registering and counting of votes in subsequent general elections.
1. The Office of the Secretary of State shall pay the following costs associated with this section by using federal Help America Vote Act funds, as available: (c) (1) The Office of the Secretary of State shall pay the following costs associated with this section by using federal Help America Vote Act funds, as available:
  1. full purchase and warranty cost of vote tabulators, ballot boxes, and two memory cards for each tabulator;
  2. annual maintenance costs of vote tabulators for each town; and
  3. the first $500.00 of the first pair of a vote tabulator's memory cards' configuration costs for each primary and general election.
2. A town shall pay the remainder of any cost not covered by subdivision (1) of this subsection.
1. Notwithstanding a town's use of vote tabulators under this section or any other provision of law, the Secretary of State may suspend the use of vote tabulators and require the hand count of votes in an election if the Secretary determines there are reasonable grounds to believe that the vote tabulators to be used in that election may have been rendered inoperable. (d) (1) Notwithstanding a town's use of vote tabulators under this section or any other provision of law, the Secretary of State may suspend the use of vote tabulators and require the hand count of votes in an election if the Secretary determines there are reasonable grounds to believe that the vote tabulators to be used in that election may have been rendered inoperable.
2. Upon such a determination, the Secretary shall alert the clerks of the affected municipalities of his or her decision as soon as practicable.
  Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 49; 2003, No. 59 , § 20; 2013, No. 161 (Adj. Sess.), § 27; 2015, No. 30 , § 11; 2017, No. 50 , § 22; 2017, No. 128 (Adj. Sess.), § 3, eff. May 16, 2018.

History

Amendments--2017 (Adj. Sess.). Subsec. (d): Added.

Amendments--2017. Subsec. (a): Inserted "local, primary, or general" preceding "elections" and inserted ", or any combination of those" thereafter.

Subsec. (b): Inserted "an" preceding "even-numbered"; substituted "year" for "years"; and inserted "general" preceding "elections".

Amendments--2013 (Adj. Sess.). Section amended generally.

Effective date of subsec. (b). 2013, No. 161 (Adj. Sess.), § 74(4) as amended by 2015, No. 30 , § 11 provides that subsec. (b) of this section shall take effect July 1, 2016.

§ 2492. Repealed. 2013, No. 161 (Adj. Sess.), § 43.

History

Former § 2492. Former § 2492, relating to legislative branch to obtain voting machines, was derived from 1977, No. 269 (Adj. Sess.), § 1 and amended by 1979, No. 200 (Adj. Sess.), § 50; 1985, No. 203 (Adj. Sess.), § 1; 1993, No. 206 (Adj. Sess.), § 2 and 2003, No. 59 , § 21.

Annotations From Former § 2492

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 1083 of this title.

§ 2493. Rules for use of vote tabulators; audits.

The Secretary of State shall adopt rules governing the use and the selection of any vote tabulator in the State. These rules shall include requirements that:
1. All municipalities that have voted to use a vote tabulator shall use a uniform vote tabulator approved by the Secretary of State.
2. The Secretary of State shall provide for the security of vote tabulators at all times. Vote tabulators, not including the ballot box portion, shall be locked in a vault or a secure location at all times when not in use.
3. 1. The Secretary of State shall conduct a random postelection audit of any polling place election results for a general election within 30 days of the election. (3) (A) The Secretary of State shall conduct a random postelection audit of any polling place election results for a general election within 30 days of the election.
  2. If the Secretary determines that a random audit shall be conducted of the election results in a town or city, the town clerk shall direct two members of the board of civil authority to transport the ballot bags to the office of the Secretary not later than 10:00 a.m. on the morning when the Secretary has scheduled the audit.
  3. The Secretary shall open the ballot bags and conduct the audit in the same manner as ballots are counted under sections 2581 through 2588 of this chapter. The Secretary shall publicly announce the results of the audit as well as the results from the original return of the vote.
  4. If the Secretary finds that the audit indicates that there was possible fraud in the count or return of votes, he or she shall refer the results to the Attorney General for possible prosecution.
4. 1. All vote tabulators shall be set to reject a ballot that contains an overvote and the voter shall be provided the opportunity to obtain another ballot and correct the overvote. If an early voter absentee ballot contains an overvote, the elections official shall override the vote tabulator and count all races except any race that contains an overvote. (4) (A) All vote tabulators shall be set to reject a ballot that contains an overvote and the voter shall be provided the opportunity to obtain another ballot and correct the overvote. If an early voter absentee ballot contains an overvote, the elections official shall override the vote tabulator and count all races except any race that contains an overvote.
  2. All vote tabulators shall be set not to reject undervotes.
5. Establish a process for municipalities using vote tabulators, whereby markings on ballots that are unreadable by a vote tabulator may be transferred by a pair of election officials, who are not members of the same political party, to ballots that are readable by the vote tabulator.
6. Establish a process for using vote tabulators in recounts.
Each vote tabulator shall be tested using official ballots that are marked clearly as "test ballots" at least 10 days prior to an election. This test shall be open to the public.
The same vote tabulator or vote tabulator memory card used in any local, primary, or general election shall not be used in a recount of that election.
A vote tabulator shall be a stand-alone device that shall not be connected to any other device or connections such as wireless connections, cable connections, cellular telephones, or telephone lines.
A municipality only may use a vote tabulator as provided in this title that registers and counts votes cast on paper ballots and that otherwise meets the requirements of this title. A municipality shall not use any type of voting machine on which a voter casts his or her vote.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 51; 2001, No. 5 , § 5; 2003, No. 59 , § 22; 2003, No. 94 (Adj. Sess.), § 2; 2007, No. 54 , § 8; 2015, No. 30 , § 12, eff. May 26, 2015; 2017, No. 50 , § 23.

History

Amendments--2017. Subdiv. (a)(4)(A): Amended generally.

Subsec. (b): Added the last sentence.

Amendments--2015. Subdiv. (a)(3)(A): Deleted "primary or" following "results for a".

Subsec. (c): Inserted "or vote tabulator memory card" following "The same vote tabulator".

Amendments--2013 (Adj. Sess.). Substituted "vote tabulator" for "voting machine" and "machine" throughout the section, substituted "vote tabulators; audits" for "voting machines" in the section heading, added the subdivs. (a)(3)(A)-(a)(3)(D) designations and redesignated the remaining subdivs. accordingly, substituted "The Secretary of State shall" for "The secretary of state may" at the beginning of present subdiv. (a)(3)(A), and made stylistic changes throughout the section and added subdiv. (a)(6) and subsecs. (c)-(e).

§ 2494. Construction with other laws.

Except as this subchapter affects the method of registering votes and ascertaining the result, the laws of this State pertaining to elections shall be applicable. The laws pertaining to early or absentee voters shall in no way be affected by this subchapter, and votes cast by early or absentee voters shall be counted with votes counted on vote tabulators.
In towns using vote tabulators, the board of civil authority may vote to open polling places at 5:00 a.m., provided that at least three elections officials are present, two of whom are from different parties. If all early voter absentee ballots have not been deposited into the vote tabulators before the closing of the polls at 7:00 p.m., the elections officials shall continue to deposit ballots using the same procedure as provided in subsection 2561(b) of this title, treating each ballot as a voter waiting to cast his or her ballot at the close of the polls.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 2001, No. 6 , § 2, eff. April 10, 2001; 2003, No. 59 , § 23; 2007, No. 121 (Adj. Sess.), § 9; 2013, No. 161 (Adj. Sess.), § 27.

History

Amendments--2013 (Adj. Sess.). Subsec. (a): Substituted "counted on vote tabulators" for "registered on voting machines" at the end.

Subsec. (b): Substituted "vote tabulators" for "voting machines" twice.

§ 2495. Repealed. 2013, No. 161 (Adj. Sess.), § 27.

History

Former § 2495. Former § 2495, relating to form of ballot, was derived from 1977, No. 269 (Adj. Sess.), § 1 and amended by 2001, No. 6 , ( 2; 2003, No. 59 , § 23 and 2007, No. 121 (Adj. Sess.), § 9.

§ 2496. Repealed. 1999, No. 2, § 2.

History

Former § 2496. Former § 2496, relating to exemption from requirement for exit checklist, was derived from 1979, No. 200 (Adj. Sess.), § 52; and amended by 1981, No. 239 (Adj. Sess.), § 16.

§§ 2497, 2498. Repealed. 2001, No. 5, § 6.

History

Former §§ 2497, 2498. Former § 2497, relating to providing candidate names to town clerks for ballot preparation, was derived from 1979, No. 200 (Adj. Sess.), § 53.

Former § 2498, relating to making demonstrator machines available, was derived from 1979, No. 200 (Adj. Sess.), § 54.

§ 2499. Transfer of paper ballots from vote tabulators.

The presiding officer, with the assistance of at least two election officials, may transfer voted ballots from the box attached to the vote tabulator to another secure ballot box or secured ballot bag whenever necessary during election day in order to allow the vote tabulator to continue to function properly.

Added 1979, No. 200 (Adj. Sess.), § 55; amended 1985, No. 203 (Adj. Sess.), § 3; 2001, No. 5 , § 7; 2001, No. 6 , § 12(a), eff. April 10, 2001; 2003, No. 59 , § 24; 2013, No. 161 (Adj. Sess.), § 27.

History

Amendments--2013 (Adj. Sess.). Section heading: Substituted "Transfer of paper ballots from vote tabulators" for "Miscellaneous requirements for voting machines".

Substituted "vote tabulator" for "voting machine" twice.

Subchapter 4. Polling Places

§ 2501. Determining districts.

The board of civil authority shall designate one or more polling places within a town; however, the voters at a regular or special meeting warned for that purpose may designate different polling places. If the questions and candidates to be voted upon are not identical for all voters in the town, so that different ballots will be used depending on where a voter lives, the board of civil authority shall suitably divide the master checklist for the whole town into separate checklists according to geographical boundaries, at least 40 days before the election. The master checklist shall be divided in a way that ensures that all voters on a particular checklist will be voting on the same questions and candidates and will be given identical ballots. Each of the separate checklists shall be organized alphabetically, and for each checklist the board of civil authority shall designate the location of a separate polling place. Except as provided in subsection (e) of this section or section 2147 of this title, each voter shall vote at the polling place designated for the separate checklist on which his or her name appears.
The board of civil authority may also divide the master checklist into separate checklists for the convenient conduct of the election even if the questions and candidates to be voted upon are identical for all voters in the town. In such case, the board shall follow the procedures of this section.
In preparing the separate checklists, the board of civil authority shall be responsible for accurately determining the geographical location of the last known place of residence of each voter in order to place the voter on the proper separate checklist. If at any time except on election day the board determines that a voter should be on a different checklist from the one on which his or her name appears, the board shall remove the voter's name from the wrong checklist and place it on the proper checklist in accordance with section 2147 of this title.
The board shall post prominent notices in and around the polling places urging voters to check whether they have been placed on the proper geographical checklist. The notice shall also explain the procedures by which a voter who is on the wrong checklist for his or her geographical area can be added to the proper checklist and vote at the proper polling place.
If more than one polling place is located within the same building, each shall be located so that it is separate and distinct from the others, and each shall be run separately from the others with regard to the process of voting. Each polling place shall have its own entrance and exit tables, guardrails, voting booths, and ballot boxes, and it shall have its own election officials handling the entrance and exit checklists, furnishing ballots, supervising the deposit of ballots, otherwise conducting the voting part of the elections, and tallying the checklists after the polls have closed. However, in the case of a town that uses vote tabulators designed to tabulate ballots from multiple districts by means of a single tabulator, nothing in this section shall prohibit such a town from using a single voting area and a single vote tabulator for two or more districts, as long as voters are checked in through separate entrance checklists and checked out through separate exit checklists if exit checklists are employed.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 56; 1981, No. 239 (Adj. Sess.), § 42; 1985, No. 198 (Adj. Sess.), § 2; 1991, No. 147 (Adj. Sess.), § 3, eff. April 25, 1992.

History

Amendments--1991 (Adj. Sess.). Subsec. (e): Added the third sentence.

Amendments--1985 (Adj. Sess.). Subsec. (a): Added "however, the voters at a regular or special meeting warned for that purpose may designate different polling places" following "town" at the end of the first sentence.

Amendments--1981 (Adj. Sess.). Subsec. (c): Inserted "except on election day" following "at any time" in the second sentence and deleted former subdivs. (1) and (2) prescribing the right to vote at a particular polling place and providing procedure for adding name of voter to checklist on election day.

Amendments--1979 (Adj. Sess.). Section amended generally.

§ 2502. Location of polling places; outdoor polling places.

Each polling place shall be located in a public place within the town.
Outdoor polling places. A polling place may be located outdoors if it can be operated in a manner consistent with the provisions of this chapter.

The board of civil authority shall designate the outdoor area that comprises the "polling place" for purposes of restrictions and requirements for polling places imposed pursuant to this chapter, including the restrictions on campaigning and other activities within the building containing the polling place described in subdivisions 2508(a)(1)(A) and (B) of this subchapter.

An indoor polling place alternative shall be available at or near the same physical location as the outdoor polling place in case of inclement weather. If conditions require use of the indoor alternative, the Secretary of State's office shall be notified immediately of the change.

(3) Candidates and members of the public who would otherwise be allowed to campaign outside an indoor polling place shall be kept a reasonable distance from the outdoor polling place such that any campaigning does not disrupt or interfere in any way with the voting process.

(c) Drive-up voting. Voting may be conducted by a drive-through or drive-up voting method at a polling place if the voting process can be operated in a manner consistent with the provisions of this chapter.
1. Drive-up voting procedures shall enable voters to complete the voting process without leaving their vehicles, allowing the voters to deposit their ballots directly into a tabulator or secure ballot box that may be brought to the window of the vehicle or located in such a manner that it can be accessed from the vehicle or providing voters an envelope or folder in which to place their voted ballots before handing it to an election official for processing.
2. Polling places conducting drive-up voting shall also accommodate walk-in voters and those using other forms of transport.
  (d) Ballot transfer. If a polling place is outside or if voting is conducted by a drive-up method, ballots may be periodically transferred from a secure outdoor or drive-up ballot box to another secure container for counting after the close of the polls or to election officials who are processing ballots through the tabulator. Any such transfer shall be done in the presence of two election officials, if possible officials of different parties.
  
  (e) Access. The accessible voting system shall be available for those who request it. Additionally, the board of civil authority shall take such measures as are necessary to ensure that voters who are elders or have a disability may conveniently and secretly cast their votes. Measures that may be taken shall include: location of polling places on the ground floor of a building; providing ramps, elevators, or other facilities for access to the polling place; providing a stencil overlay for ballots; providing a separate polling place with direct communication to the main polling place; and permitting election officials to carry a ballot to an elder or to a person who has a disability in order to permit that person to mark the ballot while in a motor vehicle adjacent to the polling place. For purposes of this subsection, the board of civil authority shall have full jurisdiction on the day of an election over the premises at which a polling place is located.
  
  (f) Polling place designation.
  
  (1) Thirty days prior to a local, primary, or general election, the town clerk shall submit to the Secretary of State a list of polling places within the municipality that will be used in that election. The list shall include the name of the polling location, its physical address, and the time the polling place will open.
  
  (2) (A) A municipality may change the location of a polling place less than 30 days prior to an election only in cases of emergency. If a municipality changes the location of a polling place less than 30 days prior to the election, the town clerk shall notify the Secretary of State within 24 hours of the change and provide the new polling place information.
  
  (B) The Secretary of State shall assist any municipality that needs to change the location of a polling place on the day of an election due to an emergency, including assisting in finding a new location and informing the public of that new location.
  
  (C) The Secretary of State shall inform the State chairs of Vermont's major political parties of any changes made to polling places that he or she is aware of made less than 30 days prior to an election.
3. The Secretary of State shall provide on his or her official website a list of polling places that will be used in any local, primary, or general election within the State and shall specifically provide notice on that website of any change in the location of a municipality's polling place.
  Added 1977, No. 269 (Adj. Sess.), § 1; amended 1985, No. 11 ; 1991, No. 147 (Adj. Sess.), § 4, eff. April 25, 1992; 2003, No. 94 (Adj. Sess.), § 3; 2013, No. 96 (Adj. Sess.), § 82; 2013, No. 161 (Adj. Sess.), § 34; 2021, No. 60 , § 2, eff. June 7, 2021.

History

Amendments--2021. Added "; outdoor polling places" in the section heading; added new subsecs. (b)-(d) and redesignated former subsecs. (b) and (c) as subsecs. (e) and (f); in newly redesignated subsec. (e), added subsec. heading, added present first sentence, added "Additionally" preceding "the board" in present second sentence and, in that sentence, substituted "ensure" for "assure" following "necessary to"; and, in newly redesignated subsec. (f), added subsec. heading.

Amendments--2013 (Adj. Sess.). Subsec. (b): Act Nos. 96 and 161 substituted "voters who are elders or have a disability" for "elderly and handicapped voters" following "assure that", "an elder or to a person who has a disability" for "a handicapped or elderly person" following "ballot to", and deleted ", but not limited to" following "shall include".

Subdivs. (c)(1)-(c)(3): Added by Act No. 161.

Amendments--2003 (Adj. Sess.). Subsec. (a): Deleted the second sentence.

Amendments--1991 (Adj. Sess.). Subsec. (a): Inserted "or ward" following "town" in the second sentence.

Amendments--1985. Subsec. (b): Inserted "and secretly" following "conveniently" in the first sentence and "providing a stencil overlay for ballots" preceding "providing a separate" in the second sentence.

§ 2503. Repealed. 1979, No. 200 (Adj. Sess.), § 120.

History

Former § 2503. Former § 2503 related to notice of location of polling places and was derived from 1977, No. 269 (Adj. Sess.), § 1.

§ 2504. Voting booths.

At each polling place, there shall be a sufficient number, as determined by the board of civil authority, of voting booths. Each booth shall be of sturdy construction and shall allow a voter to mark his or her ballot conveniently without having his or her choices observed by any other person.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 1981, No. 239 (Adj. Sess.), § 17.

History

Amendments--1981 (Adj. Sess.). Substituted "there shall be a sufficient number, as determined by the board of civil authority, of voting booths" for "there shall be at least one voting booth for each one hundred voters on the checklist, or fraction thereof" in the first sentence.

§ 2505. Guardrail.

A guardrail shall be so constructed that only persons inside the rail can approach within six feet of the ballot boxes and voting booths. Neither the ballot boxes nor the voting booths shall be hidden from those outside the guardrail.

Added 1977, No. 269 (Adj. Sess.), § 1.

§ 2506. Ballot boxes; signs for depositing ballots.

All ballot boxes shall be rigid wood or metal containers. Ballot boxes shall be furnished at the expense of the town where they are to be used. When not in use, ballot boxes shall be in the custody of the town clerk. During voting hours there shall be signs, provided by the Secretary of State, placed on or near ballot boxes telling voters to deposit their own ballots in the ballot boxes. This requirement shall not apply to the ballot boxes used during primary elections for the collection of unvoted ballots, in which instance unvoted ballots are inserted by election officials.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 57.

History

Amendments--1979 (Adj. Sess.). Added the last two sentences.

§ 2507. Distribution of checklists.

The town clerk shall furnish the presiding officer of each polling place with two certified copies of the checklist applicable to that polling place. One copy shall be used to check voters before they enter within the guardrail, and, unless the board of civil authority votes not to use an exit checklist, the other copy shall be used to check voters as they leave.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 1999, No. 2 , § 1.

History

Amendments--1999. Inserted "and, unless the board of civil authority votes not to use an exit checklist" following "guardrail" in the second sentence.

§ 2508. Campaigning during polling hours; voter access.

1. The presiding officer shall ensure during polling hours on the day of the election that: (a) (1) The presiding officer shall ensure during polling hours on the day of the election that:
  1. within the building containing a polling place, no campaign literature, stickers, buttons, name stamps, information on write-in candidates, or other political materials that display the name of a candidate on the ballot or an organized political party or that demonstrate support or opposition to a question on the ballot are displayed, placed, handed out, or allowed to remain;
  2. within the building containing a polling place, no candidate, election official, or other person distributes election materials, solicits voters regarding an item or candidate on the ballot, or otherwise campaigns; and
  3. on the walks and driveways leading to a building in which a polling place is located, no candidate or other person physically interferes with the progress of a voter to and from the polling place.
2. The provisions of subdivision (1) of this subsection shall apply to the town clerk's office during any period of early or absentee voting.
During polling hours, the presiding officer shall control the placement of signs on the property of the polling place in a fair manner.
The provisions of this section shall be posted in the notice required by section 2521 of this chapter.
Amended 1989, No. 211 (Adj. Sess.), § 3; 2001, No. 5 , § 14; 2017, No. 50 , § 24; 2019, No. 67 , § 13.

History

Amendments--2019. Subdiv. (a)(1)(A): Inserted "that display the name of a candidate on the ballot or an organized political party or that demonstrate support or opposition to a question on the ballot" following "other political materials".

Subdiv. (c): Substituted "chapter" for "title".

Amendments--2017. Subsec. (a): Amended generally.

Amendments--2001. Added present subsec. (b) and redesignated former subsec. (b) as subsec. (c).

Amendments--1989 (Adj. Sess.). Rewrote the section heading, designated the existing provisions of the section as subsec. (a), inserted "displayed" preceding "placed" in subdiv. (a)(1) and "and" following "campaigns" in subdiv. (a)(2), and added subdiv. (a)(3) and subsec. (b).

Cross References

Cross references. Posting at polling places on election day generally, see § 2523 of this chapter.

§ 2509. Repealed. 1981, No. 239 (Adj. Sess.), § 45.

History

Former § 2509. Former § 2509, relating to campaigning outside the polling place, was derived from 1979, No. 200 (Adj. Sess.), § 59.

Subchapter 5. Warnings, Notices, Sample Ballots, and Other Voter Information

History

Amendments--1979 (Adj. Sess.). 1979, No. 200 (Adj. Sess.), § 60, changed the title of subchapter 5 from "Warnings" to "Warnings, Notices, Sample Ballots and Other Voter Information".

§ 2521. Warnings and notices.

Not less than 30 days before the election, the town clerk shall cause a warning and notice to be posted informing the voters of the town about the election.
1. The warning shall include the date and time of the election, location of the polling place or places, nature of the election, and offices or questions to be voted upon.
2. The notice shall contain information on voter registration and early or absentee voting, on how to obtain ballots, mark them, get help marking them, and obtain new ballots if an error is made; information about offenses relating to elections; instructions on how to get help if there is a problem on election day; instructions for registrants by mail; instructions for first-time voters; instructions on who may cast a provisional ballot; instructions on how to cast a provisional ballot; information on federal and State laws prohibiting fraud and misrepresentation; instructions on how to contact the appropriate official if a person believes any of his or her rights to vote have been violated; and other appropriate information.
3. The warning and notice shall be posted in at least two public places within each town and in or near the town clerk's office. If a town has more than one polling place, the warning and notice shall be posted in at least two public places within each voting district and in or near the town clerk's office.
4. The checklist shall also be posted as required in section 2141 of this title.
The Secretary of State shall prepare forms for the warning and notice and shall furnish each town clerk with at least five copies of the forms for each polling place in the town at least five days before they must be posted. Information required in the warnings and notices that varies from town to town shall be left blank by the Secretary of State and filled in by the town clerk.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 61; 1985, No. 196 (Adj. Sess.), § 23; 1989, No. 211 (Adj. Sess.), § 4; 2001, No. 6 , § 12(c), eff. April 10, 2001; 2003, No. 59 , § 25; 2017, No. 50 , § 25.

History

Amendments--2017. Subsec. (a): Added the subdiv. designations and in subdiv. (a)(2), substituted "if an error is made" for "in place of those accidentally spoiled" and inserted "instructions on" preceding "how to get help".

Amendments--2003. Subsec. (a): Amended generally.

Amendments--2001. Subsec. (a): Inserted "early or" preceding "absentee voting" in the third sentence.

Amendments--1989 (Adj. Sess.). Subsec. (a): Deleted "and the polling places are not all in the same building" preceding "the warning" in the fourth sentence.

Amendments--1985 (Adj. Sess.). Subsec. (a): Rewrote the third sentence.

Amendments--1979 (Adj. Sess.). Section amended generally.

ANNOTATIONS

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former §§ 861 and 862 of this title.

§ 2522. Sample ballots.

As soon as ballots are received by the town clerk, but not later than 20 days prior to any primary or general election or 10 days prior to any municipal election, the town clerk shall post sample ballots in at least two public places within the town and in or near the town clerk's office. If a town has more than one polling place and the polling places are not all in the same building, the sample ballot shall be posted in at least two public places within each voting district and in or near the town clerk's office.
The town clerk shall prepare the sample ballots by marking the words SAMPLE BALLOT prominently at the top of official election ballots.
[Repealed.]
Upon the request of any high school or other educational institution in the town, the town clerk shall deliver a sample ballot to the high school or educational institution.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 62; 1985, No. 196 (Adj. Sess.), § 25; 2003, No. 59 , § 26.

History

Amendments--2003. Rewrote section heading.

Subsecs. (a) and (b): Amended generally.

Amendments--1985 (Adj. Sess.). Subsec. (c): Repealed.

Amendments--1979 (Adj. Sess.). Section amended generally.

Cross References

Cross references. Ballots generally, see subchapter 2 of this chapter.

ANNOTATIONS

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 364 of this title.

§ 2523. Posting at polling place on election day.

Before the polls open on election day, the presiding officer shall post copies of the warning and notice and the sample ballots conspicuously in and about the polling place so that voters can reasonably be expected to see them before voting.
The presiding officer shall ensure that signs are placed on or near the ballot boxes informing voters of procedures for depositing ballots. The Secretary of State shall supply the signs.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 63; 2003, No. 59 , § 27.

History

Amendments--2003. Subsec. (a): Added "and" following "notice," and deleted "and the official voter information cards" following "ballots".

Amendments--1979 (Adj. Sess.). Section amended generally.

Subchapter 6. Early or Absentee Voters

History

Amendments--2001. 2001, No. 6 , § 12(c) changed the title of subchapter 6 from "Absent Voters" to "Early or Absentee Voters".

§ 2531. Application for early voter absentee ballot.

Deadline to file.
A voter who expects to be an early or absentee voter, or an authorized person on behalf of such voter, may apply for an early voter absentee ballot until 5:00 p.m. or the closing of the town clerk's office on the day preceding the election.

If a town clerk does not have regular office hours on the day before the election and his or her office will not otherwise be open on that day, an application may be filed until the closing of the clerk's office on the last day that office has hours preceding the election.

(2) (A) In cases of emergency, including unanticipated illness or injury, at his or her discretion the town clerk may accept a request for an absentee ballot after the deadline set forth in subdivision (1) of this subsection.

(B) In such cases of emergency, the ballot may be mailed, electronically delivered, or delivered by two justices of the peace as set forth in subsection 2539(b) of this subchapter.
Place of filing.
All applications shall be filed with the town clerk of the town in which the early or absentee voter is registered to vote.

The town clerk shall file written applications and memoranda of verbal applications in his or her office, and shall retain the applications and memoranda for 90 days following the election, at which time they may be destroyed.
Australian ballot. Voting by early voter absentee ballot shall be allowed only in elections using the Australian ballot system.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 64; 1993, No. 79 , § 1; 2001, No. 6 , § 3, eff. April 10, 2001; 2017, No. 50 , § 26; 2019, No. 67 , § 14.

History

Amendments--2019. Added the subsec. headings; in subsec. (a) redesignated former subdiv. (2) as subdiv. (1)(B) and added new subdiv. (2); and added the subdiv. designations in subsec. (b).

Amendments--2017. Subsec. (a): Added the subdiv. (1) designation and added subdiv. (2).

Amendments--2001. Substituted "early voter absentee" for "absent" in the section heading; rewrote subsec. (a); substituted "early or absentee" for "absent" preceding "voter" in the first sentence and inserted "or her" following "his" in the second sentence of subsec. (b); and inserted "early voter" preceding "absentee ballot" in subsec. (c).

Amendments--1993. Subsec. (a): Inserted "may apply for an absent voter ballot until 5:00 p.m. or the closing of the town clerk's office on the day preceding the election" preceding "or an authorized person" and substituted "on behalf of the absent voter" for "in his behalf" thereafter, "an absent voter ballot" for "absent voter ballots" preceding "not later", and "on" for "of" following "12:00 noon".

Amendments--1979 (Adj. Sess.). Subsec. (a): Substituted "12:00 noon of the day" for "5:00 p.m. on the Friday".

Subsec. (b): Former subsec. (c) redesignated as present subsec. (b).

Subsec. (c): Added.

ANNOTATIONS

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 123 of this title.

§ 2532. Authorized applicants; application form; duplicates.

Authorized applicants.
1. An early or absentee voter, or an authorized family member or health care provider acting in the voter's behalf, may apply for an early voter absentee ballot by telephone, in person, or in writing. As used in this subsection, "family member" means a person's spouse, children, brothers, sisters, parents, spouse's parents, grandparents, and spouse's grandparents.
  Any other authorized person may apply in writing or in person; provided, however, that voter authorization to such a person shall not be given by response to a robotic phone call.
Form of application.
(2) If the application is made by telephone or in writing, the information supplied shall be in substantial conformance with the information requested on this form.
Simultaneous voter registration.
1. If a person makes a simultaneous request to register to vote and to apply for an early voter absentee ballot or if the request for an early voter absentee ballot is made for a person who is not yet registered and the town clerk receives the request prior to the deadline to apply for early voter absentee ballots set forth in section 2531 of this subchapter, the town clerk shall mail a blank voter registration application, together with a full set of early voter absentee ballots, to that person.
2. An official federal postcard application shall suffice as a simultaneous application to register to vote and for an early voter absentee ballot.
3. 1. All voter registration applications that are returned to the town clerk before the close of the polls on election day shall be considered and acted upon by the board of civil authority before the ballots are counted. (3) (A) All voter registration applications that are returned to the town clerk before the close of the polls on election day shall be considered and acted upon by the board of civil authority before the ballots are counted.
  2. If the voter registration application is approved and the voter's name added to the checklist, the early voter absentee ballots cast by that voter shall be treated as other valid early voter absentee ballots.
Application time frame.
An application for an early voter absentee ballot shall be valid for the elections or the time frame specified by the applicant.

A single application shall only be valid for any elections within the same calendar year.
Duplicate early voter absentee ballots.
1. 1. The town clerk may, upon application, issue a duplicate early voter absentee ballot if the original ballot is lost or not received by the voter within a reasonable period of time after it is mailed to the voter by the town clerk or by the Secretary of State's office pursuant to section 2537a of this subchapter. (1) (A) The town clerk may, upon application, issue a duplicate early voter absentee ballot if the original ballot is lost or not received by the voter within a reasonable period of time after it is mailed to the voter by the town clerk or by the Secretary of State's office pursuant to section 2537a of this subchapter.
  2. The application may be made by a person entitled to apply for an early voter absentee ballot under subsection (a) of this section and shall be accompanied by a sworn statement affirming that the voter has not received the original ballot.
2. If a duplicate early voter absentee ballot is issued and both the duplicate and original early voter absentee ballots are received before the close of the polls on election day, the ballot that is received first by the town clerk shall be counted and the Elections Division of the Secretary of State's office shall be notified.
Unauthorized applicants.
1. Any person who applies for an early voter absentee ballot knowing the person is without authorization from the early or absentee voter shall be fined not more than $100.00 per violation for the first three violations, not more than $500.00 per violation for the fourth through ninth violations, and not more than $1,000.00 per violation for the tenth and subsequent violations.
2. The Attorney General or a State's Attorney, whenever he or she has reason to believe any person to be or to have been in violation of this provision, shall conduct a civil investigation in accordance with the procedures set forth in section 2904 of this title.
  Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 65; 1981, No. 239 (Adj. Sess.), § 31; 1985, No. 197 (Adj. Sess.), § 4; 1985, No. 198 (Adj. Sess.), §§ 3, 11, 12; 1989, No. 200 (Adj. Sess.), § 3; 1993, No. 80 , § 1; 2001, No. 6 , § 4, eff. April 10, 2001; 2001, No. 83 (Adj. Sess.), § 6; 2003, No. 94 (Adj. Sess.), § 4; 2007, No. 72 , § 2; 2013, No. 161 (Adj. Sess.), § 35; 2015, No. 30 , § 13, eff. May 26, 2015; 2015, No. 44 , § 10, eff. Jan. 1, 2017; 2017, No. 50 , § 27; 2019, No. 67 , § 14; 2021, No. 60 , § 4, eff. June 7, 2021.

The application shall be in substantially the following form:

REQUEST FOR EARLY VOTER ABSENTEE BALLOT

Name of early or absentee voter: _______________________________________ Voter's Town of Residence: _____________________________________________ Current physical address (address where you reside): ___________________ ________________________________________________________________________ Telephone Number: ____________ E-mail Address: _________________________ Date: __________________________________________________________________ I request early voter absentee ballot(s) for the election(s) checked below: (1) Annual Town Meeting; (2) All other local elections; (3) August Primary Election; (4) Presidential Primary (YOU MUST SELECT PARTY); (5) November General Election; (6) All elections in this calendar year. Please deliver the ballot(s) as indicated below (check one): (1) Mail to voter at: ___________________________________________________ Street or P.O. Box Town/City State Zip Code (2) Delivery by two Justices of the Peace (this may only be selected if you are ill, injured, or have a disability). If applicant is other than early or absentee voter: Name of applicant: ____________________________________________________ Address of applicant: _________________________________________________ Relationship to early or absentee voter: ______________________________ Organization, if applicable: __________________________________________ Date: _____________ Signature of applicant: _________________

History

2017. 2017, Act No. 50 added a new subsec. (e) to this section. The previous subsecs. (e)-(g) were therefore redesignated as subsecs. (f)-(h).

Revision note - . In subsec. (d), deleted "preference" preceding "primary" in view of 1995, No. 38 .

2015. Subsec. (c) was amended twice during the 2015 Biennial Session. The amendments made by Act No. 30, effective May 26, 2015, are incorporated into the amendments made by Act No. 44, effective Jan. 1, 2017, in order to harmonize the two acts.

Amendments--2021. Subdiv. (e)(1)(A): inserted "lost or" following "original ballot is" and substituted "it is mailed to the voter by the town clerk or by the Secretary of State's office pursuant to section 2537a of this subchapter" for "mailing".

Subdiv. (e)(2): Substituted "that is received first by the town clerk" for "with the earlier postmark" and added "and the Elections Division of the Secretary of State's office shall be notified" at the end.

Amendments--2019. Section amended generally.

Amendments--2017. Section amended generally.

Amendments--2015. Subsec. (c): Act No. 30, effective May 26, 2015, rewrote the first sentence.

Subsec. (c): Act No. 44, effective Jan. 1, 2017, substituted "deadline for requesting early voter absentee ballots" for "voter registration deadline" following "received by the town clerk prior to the" near the beginning of the first sentence, and substituted "section 2531 of this chapter" for "subsection 2144(a) of this title" near the middle of the first sentence.

Amendments--2013 (Adj. Sess.). Subdiv. (a)(2): Inserted "Date:" and "Organization, if applicable:" and accompanying spaces and "of applicant" following "Signature" on the form.

Subdivs. (g)(1) and (g)(2): Added.

Amendments--2007. Subsec. (b): Deleted the last sentence.

Subsec. (c): Substituted "prior to the voter registration deadline set forth in subsection 2144(a) of this title" for "not later than noon on the second Monday before the election" following "by the town clerk" in the first sentence.

Amendments--2003 (Adj. Sess.). Subsecs. (b), (c): Substituted "Monday" for "Saturday" following "second".

Amendments--2001 (Adj. Sess.). Subsec. (b): Substituted "second" for "third" in the fourth sentence.

Subsec. (c): Substituted "noon on the second Saturday" for "17 days" preceding "before the election" in the first sentence.

Amendments--2001. Subsec. (a): Rewrote the first sentence of the introductory paragraph, inserted "early voter" preceding "absentee" and substituted "ballot" for "voter" thereafter in the form heading, and inserted "early or" preceding "absentee" throughout the form.

Subsec. (b): "Inserted "early voter" preceding "absentee" in three places throughout the section and substituted "early or absentee" for "absent" preceding "voters" at the end of the first sentence.

Subsec. (c): Inserted "early voter" preceding "absentee" if four places.

Subsec. (d): Substituted "early voter absentee" for "absent" preceding "ballot" and "early or absentee" for "absent" preceding "voter".

Subsec. (e): Inserted "early voter" preceding "absentee" and substituted "early or absentee" for "absent" preceding "voters".

Subsec. (f): Substituted "early voter absentee" for "absent" in the first through third sentences and "early voter absentee ballot" for "absent voter ballot" and "earlier" for "earliest" preceding "postmark" in the third sentence.

Amendments--1993. Subsec. (a): Deleted the portion of the form relating to reasons for requesting absentee ballot.

Amendments--1989 (Adj. Sess.). Subsec. (f): Added.

Amendments--1985 (Adj. Sess.). Subsec. (a): Act No. 198 substituted "the voter's" for "his" preceding "behalf" in the first sentence and rewrote the form.

Subsec. (b): Act No. 198 added the third and fourth sentences.

Subsec. (d): Amended generally by Act No. 197.

Subsec. (e): Added by Act No. 198.

Amendments--1981 (Adj. Sess.). Subsec. (a): Amended generally.

Amendments--1979 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a), rewrote the first sentence and added the second, third, and fourth sentences in subsec. (a), and added subsecs. (b) through (d).

ANNOTATIONS

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 123 of this title.

§ 2532a. Mobile polling stations.

Notwithstanding any other provision of this chapter to the contrary, the Secretary of State may authorize a town clerk to establish a mobile polling station at which two or more election officials who are not all members of the same political party shall make absentee ballots available. The town clerk shall notify the public of the mobile polling station three days prior to operation by posting at the town clerk's office and at the mobile polling station site the date and hours that the mobile polling station will operate. The Secretary of State shall establish procedures that ensure that:

prior to distributing a ballot, the election officials shall verify that the voter's name is on the town checklist or will register the individual to vote if he or she is not registered and is qualified to vote in the town. The election officials shall make a list of the names of each voter who has voted at the mobile polling site;
each voter shall place his or her ballot in an early absentee ballot envelope, seal and sign the certificate, and return the ballot envelope to the election officials;
upon the closure of the mobile polling place, the election officials shall immediately return the ballot envelopes, list of names, and any unvoted ballots to the town clerk who shall add each voter's name to the list of early or absentee voters and commingle the envelopes with other returned early absentee ballot envelopes in the vault. Ballots that are returned along with a new voter registration form shall be kept in a secure place in the vault until the registration process has been completed and then processed as in this subdivision.
Added 2007, No. 111 (Adj. Sess.), § 1; amended 2007, No. 111 (Adj. Sess.), § 2, eff. July 1, 2009.

History

Repeal of prospective repeal of section. 2007, No. 111 (Adj. Sess.), § 2, which provided for the repeal of this section effective July 1, 2009, was repealed by 2009, No. 40 , § 5(b), effective May 26, 2009.

§ 2533. Notification of invalid application.

If the town clerk finds an application for an early or absentee voter ballot that has been submitted to him or her to be invalid or incomplete, he or she shall immediately notify the person making the application, either personally or by mail, stating the ground on which the same is found to be invalid. The application may be corrected but shall not be valid unless it is returned corrected to the clerk within the time allowed for submitting an original application.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 2001, No. 6 , § 12(b), eff. April 10, 2001.

History

Amendments--2001. Substituted "early or absentee voter" for "absent voter" preceding "ballot" in the first sentence.

§ 2534. List of early or absentee voters.

The Secretary of State shall make accessible for each primary election, presidential primary election, and general election a statewide list of voters who have requested an early voter absentee ballot. The list shall contain the State voter identification number, name, registration address, address the ballot was mailed to, and legislative district of each voter.
Upon receipt of the valid applications, the town clerk shall update the Secretary of State's statewide list of early or absentee voters by a method approved by the Secretary of State.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1985, No. 196 (Adj. Sess.), § 22; 1993, No. 79 , § 2; 2001, No. 6 , § 5, eff. April 10, 2001; 2013, No. 161 (Adj. Sess.), § 36, eff. July 1, 2015.

History

Amendments--2013 (Adj. Sess.). Subsec. (a): Added.

Subsec. (b): Rewrote the subsec.

Amendments--2001. Substituted "early or absentee" for "absent" in the section heading and in the first sentence, deleted "absent" preceding "voter's" in the second sentence, and rewrote the third sentence.

Amendments--1993. Deleted "and the reason given for requesting an absent ballot" following "address" in the second sentence and substituted "at" for "in" following "posted" and deleted "not later than two o'clock in the afternoon of the day preceding the election" following "office" in the third sentence.

Amendments--1985 (Adj. Sess.). Inserted "and" following "address" and deleted "and such other information as the town clerk may deem necessary or advisable" following "ballot" in the second sentence and deleted the former fourth sentence.

§ 2535. Form of early voter absentee ballots and envelopes; federal or military requirements.

Early voter absentee ballots shall be the same as the official ballots to be used at the election.
If necessary, special ballots may be prepared to conform with minimum federal or military regulations and orders covering the transportation of such ballots, provided that the text is identical in substance, except as to type size, with that appearing on the official ballots.
Envelopes, including return envelopes, containing early voter absentee ballots may, as circumstances require, be particularly imprinted, stamped, or superscribed with approved identification words or symbols designating the same as "Vermont Official Early or Absentee Voter Ballot" and with such additional words or devices as are necessary to comply with any censorship regulations or rules that may be in effect at the time of mailing.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 2001, No. 6 , § 12(a), (b), eff. April 10, 2001; 2013, No. 161 (Adj. Sess.), § 29.

History

Amendments--2013 (Adj. Sess.). Subsec. (b): Deleted "of such different weight of paper, or overall size and shape as shall be prescribed by the secretary of state," following "may be prepared" and "postal, military, naval, air force or other" following "with minimum".

Amendments--2001. Inserted "early voter" preceding "absentee ballots" in section heading and in subsec. (a) and (c), and substituted "early or absentee voter ballot" for "absent voter ballot" in subsec. (c).

§ 2536. Furnishing early voter absentee ballot envelopes.

Upon request, for any statewide primary, presidential primary, or general election, the Secretary of State shall furnish the envelopes prescribed in sections 2535 and 2542 of this title to town clerks in such numbers as they request. The cost of absentee ballot envelopes for local elections shall be borne by the municipality.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 66; 2001, No. 6 , § 6, eff. April 10, 2001; 2021, No. 60 , § 5, eff. June 7, 2021.

History

Amendments--2021. Inserted "for any statewide primary, presidential primary, or general election," and added the last sentence.

Amendments--2001. Inserted "early voter" preceding "absentee" and "ballot" thereafter in the section heading.

Amendments--1979 (Adj. Sess.). Section amended generally.

§ 2537. Early or absentee voting in the town clerk's office.

1. A voter may, if he or she chooses, apply in person to the town clerk for the early voter absentee ballots and envelopes. (a) (1) A voter may, if he or she chooses, apply in person to the town clerk for the early voter absentee ballots and envelopes.
2. In this case, the clerk shall furnish the early voter absentee ballots and envelopes when a valid application has been made or at such time as the clerk receives the ballots, whichever comes first.
3. The voter may:
  1. mark his or her ballots, place them in the envelope, sign the certificate, and return the ballots in the envelope containing the certificate to the town clerk or an assistant town clerk without leaving the office of the town clerk;
  2. take the ballots and return them to the town clerk in the same manner as if the ballots had been received by mail; or
  3. if the board of civil authority has voted to allow it pursuant to section 2546b of this subchapter, mark the ballots and deposit them directly into the vote tabulator or ballot box in accordance with section 2546b of this subchapter.
Except for justices of the peace as provided in section 2538 of this subchapter, a person shall not take any ballot from the town clerk on behalf of any other person.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 67; 1993, No. 80 , § 2; 2001, No. 6 , § 7, eff. April 10, 2001; 2017, No. 50 , § 28; 2019, No. 67 , § 14; 2021, No. 60 , § 6, eff. June 7, 2021.

History

Amendments--2021. Subdiv. (a)(3)(C): Added.

Amendments--2019. Section amended generally.

Amendments--2017. Section amended generally.

Amendments--2001. Inserted "early or" preceding "absentee voting" in the section heading, substituted "a voter" for "an absent voter" at the beginning of the first sentence, inserted "early voter" preceding "absentee ballots" in the first and second sentences, and rewrote the third sentence.

Amendments--1993. Deleted "who is not continuously absent from his residence but who is to be absent on the day of the election" preceding "may, if he" and inserted "or she" thereafter in the first sentence, and inserted "of her" following "his" in two places in the third sentence.

Amendments--1979 (Adj. Sess.). Section amended generally.

§ 2537a. Mailing of general election ballots.

For every general election, the Secretary of State's office shall mail a general election ballot to all active voters on the statewide voter checklist described in section 2154 of this title.
1. The mailing of the ballots shall commence not later than 43 days before the election and shall be completed not later than October 1.
2. A postage-paid return envelope, pre-addressed to the town or city clerk of the town or city where the voter is registered to vote, shall be included with the ballot sent to every voter in which the ballot may be mailed back to the clerk. All postage cost shall be paid by the Secretary of State's office.
3. The address file to be used for the mailing shall be generated from the statewide voter checklist as close as practicable to the date of the mailing and in no case earlier than September 1.
4. The Secretary of State's office shall include in the mailing to each voter instructions for return of the voted ballot.
General election ballots mailed by the Secretary of State's office under this section shall be returned by the voter to the town or city clerk in the town or city where that voter is registered in accordance with the procedures for return of ballots described in this subchapter.
Added 2021, No. 60 , § 7, eff. June 7, 2021.

§ 2538. Delivery of ballots by justices of the peace.

1. In the case of persons who are early or absentee voters due to illness, injury, or disability, ballots shall be delivered in the following manner, unless the early or absentee voter has requested pursuant to section 2539 of this subchapter that the early voter absentee ballots be mailed or electronically delivered. (a) (1) In the case of persons who are early or absentee voters due to illness, injury, or disability, ballots shall be delivered in the following manner, unless the early or absentee voter has requested pursuant to section 2539 of this subchapter that the early voter absentee ballots be mailed or electronically delivered.
2. Not later than three days prior to the election, the board of civil authority or, upon request of the board, the town clerk, shall designate in pairs justices of the peace in numbers sufficient to deliver early voter absentee ballots to the applicants for early voter absentee ballots who have stated in their applications that they are unable to vote in person at the polling place due to illness, injury, or disability. A pair shall not consist of two justices from the same political party.
3. If there shall not be available a sufficient number of justices to make up the required number of pairs, a member of each remaining pair shall be designated by the board, to be selected from lists of registered voters submitted by the chairs of the town committees of political parties, and from among registered voters who in written application to the board state that they are not affiliated with any political party.
4. A candidate or spouse, parent, or child of a candidate shall not be eligible to perform the duties prescribed by this section unless the candidate involved is not disqualified by section 2456 of this chapter from serving as an election official.
5. The compensation of justices and voters designated under this subsection shall be fixed by the board of civil authority and shall be paid by the town.
6. The justices may, but shall not be required to, deliver ballots outside the town.
1. The town clerk shall divide the list of applicants who have an illness, injury, or disability into approximately as many equal parts as there are pairs of justices so designated, having regard to the several parts of the town in which the applicants may be found. (b) (1) The town clerk shall divide the list of applicants who have an illness, injury, or disability into approximately as many equal parts as there are pairs of justices so designated, having regard to the several parts of the town in which the applicants may be found.
As soon as early voter absentee ballots are available, the clerk shall deliver to each pair of justices one part of the list, together with early voter absentee ballots and envelopes for each applicant.

When justices receive ballots and envelopes prior to election day, they shall receive only the ballots and envelopes they are assigned to deliver on that day.
1. Each pair of justices on the days they are assigned to deliver the ballots and envelopes shall call upon each of the early or absentee voters whose name appears on the part of the list furnished to them and shall deliver early voter absentee ballots and envelopes to each early or absentee voter. (c) (1) Each pair of justices on the days they are assigned to deliver the ballots and envelopes shall call upon each of the early or absentee voters whose name appears on the part of the list furnished to them and shall deliver early voter absentee ballots and envelopes to each early or absentee voter.
The early or absentee voter shall then proceed to mark the ballots alone or in the presence of the justices, but without exhibiting them to the justices or to any other person, except that when the early or absentee voter is blind or physically unable to mark his or her ballots, they may be marked by one of the justices in full view of the other.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 68; 1995, No. 95 (Adj. Sess.), § 3; 1997, No. 17 , § 1; 2001, No. 6 , § 12(a), (b), eff. April 10, 2001; 2013, No. 96 (Adj. Sess.), § 83; 2013, No. 161 (Adj. Sess.), § 37; 2019, No. 67 , § 14.

History

Amendments--2019. Subdiv. (a): Amended subdivs. (1), (2), and (4) generally and added subdiv. (6).

Subsec. (b): Added the subdiv. (1)-(3) designations and in subdiv. (1), substituted "illness, injury, or disability" for "illness or physical disability".

Subsec. (c): Added the subdiv. (1) and (2) designations and in subdiv. (2), substituted "ballots" for "ballot".

Amendments--2013 (Adj. Sess.). Subdiv. (a)(2): Act No. 161 inserted "or, upon request of the board, the town clerk," following "board of civil authority".

Subsec. (b): Act No. 96 substituted "applicants who have an illness or physical disability" for "ill or physically disabled applicants" following "list of".

Subsec. (b): Act No. 161 substituted "As soon as early voter absentee ballots are available" for "During the eight days immediately preceding election day and on election day" at the beginning of the second sentence, and "voter absentee ballots" for "or absentee voter ballots" following "together with early".

Amendments--2001. Substituted "early voter absentee ballot" for "absentee ballot" and "early or absentee voter" for "absent voter" and made similar changes throughout the section.

Amendments--1997 Subsec. (b): Rewrote the second sentence and substituted "prior to election day" for "the day before the election" preceding "they shall receive" in the third sentence.

Subsec. (c): Substituted "on the days they are assigned to deliver the ballots and envelopes" for "on the day before the election, or on the day thereof" preceding "shall call upon" in the first sentence.

Amendments--1995 (Adj. Sess.) Subsec. (a): Rewrote the third and fourth sentences and substituted "and voters designated under this subsection" for "or other party representatives" in the seventh sentence.

Amendments--1979 (Adj. Sess.). Section amended generally.

§ 2539. Delivery of early voter absentee ballots.

Default; town office or mail.
1. Except as provided in subsections (b) and (c) of this section, unless the early or absentee voter votes in the town clerk's office as set forth in section 2537 of this title, the town clerk shall provide to the early or absentee voter who comes to the town clerk's office a complete set of early voter absentee ballots or mail a complete set of early voter absentee ballots to each early or absentee voter for whom a valid application has been filed.
2. Except as provided in subdivision (3) of this subsection, the early voter absentee ballots shall be mailed forthwith upon the filing of a valid application or upon the town clerk's receipt of the necessary ballots, whichever is later.
3. 1. For any general election, if a voter transfers his or her registration from another town or city in the State following the mailing of ballots to all active voters by the Secretary of State's office pursuant to section 2537a of this subchapter, before issuing an absentee ballot the clerk shall confirm the status of the ballot that was previously mailed to that voter by the Secretary of State and proceed as follows: (3) (A) For any general election, if a voter transfers his or her registration from another town or city in the State following the mailing of ballots to all active voters by the Secretary of State's office pursuant to section 2537a of this subchapter, before issuing an absentee ballot the clerk shall confirm the status of the ballot that was previously mailed to that voter by the Secretary of State and proceed as follows:
    1. If the voter has voted and returned the ballot issued to the voter by the Secretary of State to the town in which the voter was previously registered, the voter shall not be issued a ballot nor be allowed to cast another ballot in the same general election and shall be registered following the election.
    2. If the voter did not receive or did not return the ballot that was previously sent to the voter by the Secretary of State, the voter may be issued another ballot for the general election if:
      (aa) the voter returned the unvoted ballot that was previously issued to the voter; or
      
      (bb) the voter signs an affidavit stating that the voter has not previously cast a ballot in that general election.
  2. If a voter registers to vote for the first time in Vermont following the time when the Secretary of State's office generated the address file to be used for the mailing of ballots to all active voters by the Secretary of State's office, the clerk shall either issue a ballot to the voter in person at the time of registration or mail a ballot to the voter within three business days, provided the voter's registration does not occur within five days of the election. If the clerk does not have ballots available at the time of registration, the clerk shall mail a ballot to the voter within three business days after obtaining ballots.
Voters who are ill, injured, or have a disability. In the case of persons who are early or absentee voters due to illness, injury, or disability, if the voter or authorized person requests in his or her application or otherwise that early voter absentee ballots be mailed or electronically delivered, the town clerk shall mail or electronically deliver the ballots; otherwise the ballots shall be delivered to the voter by justices of the peace as set forth in section 2538 of this subchapter.
Military or overseas voters.
1. Early voter absentee ballots for military or overseas voters shall be sent air mail, first class, postpaid when such service is available, or they may be electronically delivered when requested by the voter.
2. 1. The town clerk's office shall be open on the 46th day before any election that includes a federal office and the town clerk shall send on or before that day all absentee ballots to any military or overseas voter who requested an early voter absentee ballot on or before that day. (2) (A) The town clerk's office shall be open on the 46th day before any election that includes a federal office and the town clerk shall send on or before that day all absentee ballots to any military or overseas voter who requested an early voter absentee ballot on or before that day.
  2. On that day the town clerk shall complete any reporting requirements and any other responsibilities regarding the mailing of early voter absentee ballots to military or overseas voters, as directed by the Secretary of State.
    Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 69; 2001, No. 6 , § 8, eff. April 10, 2001; 2013, No. 96 (Adj. Sess.), § 222; 2013, No. 161 (Adj. Sess.), § 38; 2019, No. 67 , § 14; 2021, No. 60 , § 8, eff. June 7, 2021.

History

2014. In the section heading, substituted "voters who are permanently disabled" for "permanently disabled voters" in accordance with 2013, No. 96 (Adj. Sess.), § 222.

Amendments--2021. Subdiv. (a)(1): Substituted "title" for "subchapter".

Subdiv. (a)(2): Added "Except as provided in subdivision (3) of this subsection," at the beginning.

Subdiv. (a)(3): Added.

Amendments--2019. Section heading: Substituted "Delivery" for "Mailing" at the beginning and deleted "; voters who are permanently disabled" at the end.

Section amended generally.

Amendments--2013 (Adj. Sess.). Subsec. (a): Deleted the former third sentence.

Subsec. (c): Added.

Amendments--2001. Section amended generally.

Amendments--1979 (Adj. Sess.). Subsec. (b): Amended generally.

§ 2540. Instructions to be sent with ballots.

The town clerk shall send with all early voter absentee ballots and envelopes printed instructions, which may be included on the envelope, in a form prescribed by the Secretary of State's office.
[Repealed.]
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 70; 2001, No. 6 , §§ 12(a)-12(c), eff. April 10, 2001; 2017, No. 50 , § 29; 2019, No. 67 , § 14; 2021, No. 60 , § 9, eff. June 7, 2021.

History

Amendments--2021. Subsec. (a): Amended generally.

Subsec. (b): Repealed.

Amendments--2019. Subsec. (a): In the "Note:" portion, substituted "illness, injury, or disability" for "illness or physical disability" preceding "just return them".

Amendments--2017. Subsec. (a): Substituted "Place" for "Seal" in 2.; deleted "sealed" preceding "envelope" and substituted "not" for "no" preceding "later" in 4.; and deleted "sealed and" preceding "signed" in the undesignated paragraph at the end.

Amendments--2001. Subsec. (a): Act No. 6, § 12(a), inserted "early voter" preceding "absentee ballots" in the introductory paragraph.

Act No. 6, § 12(b), inserted "early or" preceding "absentee voters" in the form heading.

Subsec. (b): Act No. 6, § 12(c), inserted "early or" preceding "absentee voting".

Amendments--1979 (Adj. Sess.). Section amended generally.

§ 2541. Marking of ballots.

An early or absentee voter to whom ballots, envelopes, and instructions are mailed shall mark the ballots in accordance with the instructions.
A person who gives assistance to a voter in the marking or registering of ballots shall not in any way divulge any information regarding the choice of the voter or the manner in which the voter's ballot was cast.
If an early or absentee voter makes an error in marking a ballot, the voter may return that ballot by mail or in person to the town clerk and receive another ballot, consistent with the provisions of section 2568 of this chapter.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 71; 2001, No. 6 , § 9, eff. April 10, 2001; 2017, No. 50 , § 30; 2019, No. 67 , § 14.

History

Amendments--2019. Subsec. (b): Deleted the first sentence.

Subsec. (c): Substituted "chapter" for "title".

Amendments--2017. Subsec. (c): Substituted "makes an error in marking" for "spoils" preceding "a ballot" and "that" for "the spoiled" following "may return".

Amendments--2001. Substituted "early or absentee" for "absent" preceding "voter" in subsecs. (a) and (b), inserted "or her" following "his" in the first sentence of subsec. (b) and substituted "ballots" for "his ballot" in the second sentence of that subsec., and added subsec. (c).

Amendments--1979 (Adj. Sess.). Section amended generally.

Cross References

Cross references. Election offenses generally, see chapter 35 of this title.

§ 2542. Signing certificate.

There shall be printed on the face of the envelope provided for use in returning early voter absentee ballots a certificate in substantially the following form:
The early or absentee voter must sign the certificate on the outside of the envelope in order for the ballot to be valid. When an early or absentee voter is physically unable to sign his or her name, he or she may mark an "X" or take an oath swearing or affirming to the statement on the certificate. The officers who deliver the ballots shall witness the mark or oath and sign their names with a statement attesting to this fact on the envelope.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 72; 1993, No. 80 , § 3; 2001, No. 6 , § 12(a), (b), eff. April 10, 2001; 2003, No. 59 , § 28.

"Early or Absentee Voter Ballots of __________________" (print your name) I, ____________________, solemnly swear or affirm that I am a resident of the town (city) of ________________, State of Vermont, and that I am a legal voter in this town (city). ______________________________________________________________________ (your signature)

History

Amendments--2003. Inserted "or affirm" following "swear" in the second undesignated paragraph and "or affirming" following "swearing" in subsec. (b).

Amendments--2001. Inserted "early voter" preceding "absentee ballots" in the introductory paragraph and substituted "early or absentee voter" for "absent voter" in the form and in the first and second sentences of the undesignated closing paragraph.

Amendments--1993. Section amended generally.

Amendments--1979 (Adj. Sess.). Section amended generally.

ANNOTATIONS

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 135 of this title.

§ 2543. Return of ballots.

After marking the ballots and signing the certificate on the envelope, the early or absentee voter to whom the same are addressed shall return the ballots to the clerk of the town in which the voter is registered, in the manner prescribed, except that in the case of a voter to whom ballots are delivered by justices, the ballots shall be returned to the justices calling upon that voter, and they shall deliver them to the town clerk.
Once an early voter absentee ballot has been returned to the clerk in the envelope with the signed certificate, it shall be stored in a secure place and shall not be returned to the voter for any reason unless the ballot is deemed defective under subdivision 2546(a)(2) of this subchapter and the voter chooses to cure the defect and cast the ballot pursuant to subsection 2547(d) of this subchapter.
If a ballot includes more than one page, the early or absentee voter need only return the page upon which the voter has marked his or her vote.
1. All early voter absentee ballots returned as follows shall be counted: (d) (1) All early voter absentee ballots returned as follows shall be counted:
  1. by any means, to the town clerk's office before the close of business on the day preceding the election;
  2. to any secure ballot drop box provided by the town or city in which the voter is registered pursuant to section 2543a of this subchapter before the close of business on the day before the election;
    by mail to the town clerk's office before the close of the polls on the day of the election; and
    
    (D) by hand delivery to the presiding officer at the voter's polling place before the closing of the polls at 7:00 p.m.
2. An early voter absentee ballot returned in a manner other than those set forth in subdivision (1) of this subsection shall not be counted.
A candidate whose name appears on the ballot for that election, or a paid campaign staff member of any such candidate, may not return a ballot to the town clerk or to a secure ballot drop box, unless that candidate or paid campaign staff member:
1. is returning the candidate's or paid campaign staff member's own ballot;
2. is returning the ballot of an immediate family member, as defined in section 2532 of this title, including a person's spouse, children, brothers, sisters, parents, spouse's parents, grandparents, and spouse's grandparents, who has requested the candidate's or paid campaign staff member's assistance with the return of that ballot;
3. is returning the ballot of a voter for whom the candidate or paid campaign staff member is a caretaker, and who has requested the candidate's or paid campaign staff member's assistance with the return of that ballot; or
4. is a justice of the peace performing his or her official duties pursuant to section 2538 of this title.
No individual may return more than 25 ballots to the town clerk or to a secure ballot drop box unless the individual is a justice of the peace performing his or her official duties pursuant to section 2538 of this title.
The clerk or other local election official accepting the return of ballots shall not be required to enforce the provisions of subsections (e) and (f) of this section but shall report any suspected violations to the Secretary of State's office, which shall refer them to the Attorney General's office for investigation. Individuals violating this section may be subject to penalties pursuant to section 2017 of this title.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 73; 2001, No. 6 , § 10, eff. April 10, 2001; 2017, No. 50 , § 31; 2021, No. 60 , § 10, eff. June 7, 2021.

History

Amendments--2021. Section amended generally.

Amendments--2017. Section amended generally.

Amendments--2001. Substituted "early or absentee" for "absent" preceding voter, inserted "or she" following "he", substituted "the" for "his" following "justices", and inserted "or her" following "him" in the first sentence, and rewrote the second sentence as the second and third sentences.

Amendments--1979 (Adj. Sess.). Section amended generally.

§ 2543a. Provision of secure ballot drop boxes.

A board of civil authority may vote to install one or more secure outdoor ballot drop boxes (drop boxes) for the return of voted ballots.
Drop boxes shall be located on municipal property. If a town has only one drop box, it shall be located on the property of the municipal clerk's office.
Drop boxes shall allow for the return of ballots by voters at any time of day and must be available for the return of ballots not later than 43 days before the election.
Drop boxes shall be installed and maintained in accordance with guidance issued by the Secretary of State's office. At a minimum, drop boxes shall:
1. be affixed to a foundation or other immovable object such that they cannot be removed without being tampered with;
2. be under 24-hour video surveillance or in the alternative be within sight of the municipal building;
3. be constructed in such a manner that it is impossible to remove the ballots without the ballot box being tampered with; and
4. be able to be closed such that ballots may not be deposited once the deadline for deposit has passed.
1. Ballots may be deposited in the drop boxes until the close of business on the day before the election. At the close of business, the drop box shall be closed and instructions affixed to the drop box instructing the voter to return the voter's voted ballot to the polling place on the day of the election. (e) (1) Ballots may be deposited in the drop boxes until the close of business on the day before the election. At the close of business, the drop box shall be closed and instructions affixed to the drop box instructing the voter to return the voter's voted ballot to the polling place on the day of the election.
2. Notwithstanding subdivision (1) of this subsection, a board of civil authority may vote to allow ballots to be deposited in the drop boxes until not later than the closing of the polls on election day.
The Secretary of State's office shall provide drop boxes to a town or city upon request following a vote of the board of civil authority. The maximum number of drop boxes that the Secretary of State's office shall provide in any town or city shall be as follows:
1. up to 5,000 registered voters, one;
2. between 5,000 and 10,000 registered voters, two;
3. between 10,000 and 15,000 registered voters, three;
4. between 15,000 and 20,000 registered voters, four; and
5. over 20,000 registered voters, five.
6. A town or city may have a number of secure drop boxes equal to the number of representative districts in that town or city, with one drop box located in each district, if that number is greater than the number allowed based on that town or city's number of registered voters in subdivisions (1)-(5) of this subsection. If there is not suitable municipal property for the location of a secure drop box in the area covered by a certain district in the town or city, an alternative location may be used with the approval of the Secretary of State's office.
  Added 2021, No. 60 , § 11, eff. June 7, 2021.

§ 2544. Repealed. 1979, No. 200 (Adj. Sess.), § 120.

History

Former § 2544. Former § 2544 related to protest on applications and was derived from 1977, No. 269 (Adj. Sess.), § 1.

§ 2545. Repealed. 2021, No. 60, § 12, effective June 7, 2021.

History

Former § 2545. Former § 2545, relating to receipt of marked ballots by town clerk and delivery to election officers, was derived from 1977, No. 269 (Adj. Sess.), § 1 and amended by 2001, No. 6 , § 12(b).

§ 2546. Receipt of ballots by clerk; voter status; opportunity to cure; processing absentee ballots.

Beginning 30 days before the opening of the polls on election day, upon receipt of a mailing envelope containing ballots returned by a voter, the town clerk shall, within three business days or on the next day the office is open for business, whichever is later, direct two election officials working together to do all of the following:
1. open the mailing envelope and sort early voter absentee ballots by ward and district, if necessary; and
2. determine that the certificate has been signed, the voted ballot was placed in the certificate envelope, and the ballot is not defective for any other reason pursuant to section 2547 of this subchapter.
  1. If the ballot is not deemed defective, the clerk shall check the name of the early voter off the entrance checklist and record the ballot as received and accepted in the online election management system, and:
    1. place the certificate envelopes into a secure container marked "checked in early voter absentee ballots" to be transported to the polling places on election day; or
    2. open the certificate envelope and place the voted ballot in the ballot box or tabulator in accordance with the procedures contained in section 2546a of this subchapter.
  2. If the ballot is deemed defective, the clerk shall:
    1. Check the name of the early voter off the entrance checklist and record the ballot as received and defective in the online election management system.
    2. Place the ballot in the defective ballot envelope in accordance with the procedures of subdivisions 2547(b)(1)-(3) of this subchapter.
    3. Not later than the next business day transmit a notice, with information required by the Secretary of State's office, to the voter informing the voter that the voter's ballot was deemed defective and rejected, the reason it was deemed defective, and the voter's opportunity to correct the error pursuant to subsection 2547(d) of this subchapter. If the ballot was deemed defective because the voter failed to sign the return certificate, to place the voted ballot in the certificate envelope, or did not return their unvoted primary ballots in the unvoted ballot envelope, the clerk shall include a returnable affidavit, designed and provided by the Secretary of State's office, with the notice so the voter may cure the deficiency in accordance with subdivision 2547(d)(1)(C) of this subchapter.
Beginning five business days preceding the election, the clerk is not required to mail a notice to those voters whose ballots have been deemed defective. In these cases, the clerk shall make a reasonable effort to provide notice to the voter as soon as possible using any contact information for the voter, other than the mailing address, that is contained in the voter checklist and shall record the ballot as defective in the online election management system not later than 24 hours after the ballot is deemed defective.
Processing absentee ballots on election day. If the certificate envelopes have not been opened and the voted ballots placed in the ballot box or tabulator, the town clerk or presiding officer shall deliver the unopened early voter absentee ballots to the election officials at the place where the entrance checklist is located. During the polling hours on election day, at the direction of the presiding officer, at least two election officials shall open the container marked "checked in early voter absentee ballots," one election official shall open the certificate envelopes, turn the certificate side face down, and hand the envelope face down to a second election official, if possible from a different political party, who shall remove the ballots from the envelopes and deposit them in the ballot box or vote tabulator. If the early voter is a first-time voter who registered by mail or online, and if the proper identification has not been submitted before the closing of the polls, the ballot shall be treated as a provisional ballot, as provided in subchapter 6A of this chapter.
All early voter absentee ballots shall be commingled with the ballots of voters who have voted in person.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 74; 2001, No. 6 , § 12(a), (b), eff. April 10, 2001; 2003, No. 59 , § 29; 2007, No. 54 , § 8b; 2009, No. 70 (Adj. Sess.), § 1; 2013, No. 161 (Adj. Sess.), § 39; 2017, No. 50 , § 32; 2021, No. 60 , § 13, eff. June 7, 2021.

History

Amendments--2021. Section amended generally.

Amendments--2017. Section amended generally.

Amendments--2013 (Adj. Sess.). Subdivs. (a)(3), (b)(1)-(b)(3): Substituted "vote tabulator" for "voting machine".

Amendments--2009 (Adj. Sess.). Subsec. (a): Substituted "300" for "5,000" preceding "registered" and inserted "early voter" preceding "absentee" in the first and second sentences.

Amendments--2007. Section amended generally.

Amendments--2003. Rewrote subsecs. (a) and (b).

Amendments--2001. Inserted "early voter" preceding "absentee ballots" in the section heading, in the third sentence of subsec. (a), and in two places in subsec. (b), and substituted "early or absentee voter" for "absent voter" in the first and second sentences of subsec. (a).

Amendments--1979 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a), rewrote the subsec., and added subsec. (b).

§ 2546a. Deposit of early voter absentee ballots in vote tabulator.

Generally. Notwithstanding any provision of law to the contrary, the board of civil authority may vote to permit elections officials to deposit early voter absentee ballots that have been processed in accordance with subsection 2546(a) of this subchapter and have not been deemed defective into the vote tabulator or ballot box in accordance with the provisions of this section and any guidance issued by the Secretary of State. Any such depositing of ballots shall take place at the town clerk's office during the 30 days preceding the election.
Notice. If a board of civil authority votes to deposit ballots as described in subsection (a) of this section, the process shall be conducted during normal business hours if practicable or, if conducting the process at a time other than normal business hours, notice of the date(s), time(s), and location of the processing shall be posted at the clerk's office and two other public places at least three days in advance.
Officials. The town clerk and at least two other election officials, from different political parties to the extent practicable, shall be present for the inspection of the sealed certificate envelopes and the processing of the ballots described in this section.
Processing. The Secretary of State's office shall issue detailed procedures for conducting the processing of early ballots into the vote tabulator or ballot box pursuant to this section. A town or city shall follow the procedures issued by the Secretary of State's office for this purpose.
Rules. The Secretary of State may adopt rules to implement the provisions of this section.
Added 2015, No. 80 (Adj. Sess.), § 7a, eff. Jan. 1, 2017; amended 2017, No. 50 , § 33; 2021, No. 60 , § 14, eff. June 7, 2021.

History

Amendments--2021. Section amended generally.

Amendments--2017. Subsecs. (d) and (e): Deleted "sealed" preceding "certificate" in the three places it appeared.

Subsec. (d): Added the subdiv. (d)(1) designation and redesignated former subdivs. (d)(1) and (d)(2) as (d)(1)(A) and (d)(1)(B).

Subdiv. (d)(2): Added.

Subdiv. (e)(1): Inserted "that was counted under subdivision (d)(1) of this section" following "absentee ballot".

Subdiv. (e)(3): Substituted "subdivision (d)(1)" for "subsection (d)" near the end.

§ 2546b. Early voting in town clerk's office; deposit into vote tabulator.

1. A board of civil authority may vote to permit its town's registered early or absentee voters to vote in the town clerk's office in the same manner as those voting on election day by marking their early voter absentee ballots and depositing them into a vote tabulator or secure ballot box. (a) (1) A board of civil authority may vote to permit its town's registered early or absentee voters to vote in the town clerk's office in the same manner as those voting on election day by marking their early voter absentee ballots and depositing them into a vote tabulator or secure ballot box.
2. If a board of civil authority votes to permit early voting as described in subdivision (1) of this subsection, the town's process for conducting this early voting shall conform to the provisions of this section and to procedures that the Secretary of State shall adopt for this purpose.
1. During business hours in the town clerk's office, the secure ballot box or vote tabulator and ballot bin shall be in a secured area accessible only to election officials and voters. The vote tabulator unit shall be secured with an identifiable seal and the ballot box containing voted ballots shall remain locked at all times and secured with an identifiable seal. Neither seal shall be broken prior to the time of closing the polls on election day. (b) (1) During business hours in the town clerk's office, the secure ballot box or vote tabulator and ballot bin shall be in a secured area accessible only to election officials and voters. The vote tabulator unit shall be secured with an identifiable seal and the ballot box containing voted ballots shall remain locked at all times and secured with an identifiable seal. Neither seal shall be broken prior to the time of closing the polls on election day.
2. Once early voting has commenced in the town clerk's office, the town clerk or designee shall certify each day in a record prepared for this purpose that the seals on the vote tabulator and secure ballot box are intact.
3. When an election official is not present or at times other than business hours, the secure ballot box or sealed vote tabulator and ballot bin shall be secured in the town clerk's office vault.
4. The town clerk shall maintain a record of each early or absentee voter who voted in person in accordance with this section and shall mark these voters as having voted early in the clerk's office in the online election management system.
On the day of the election:
1. The secure ballot box or sealed vote tabulator and ballot bin shall be transferred to the polling place on election day by two election officials and shall not be opened until the polls have closed on election day.
2. When the vote tabulator is turned on at the polling place, the town clerk shall verify that the number of ballots that the vote tabulator displays as having been counted matches the number of voters who deposited their early voter absentee ballots in the vote tabulator in accordance with this section and any early voter absentee ballots that were processed and deposited in the vote tabulator under section 2546a of this subchapter.
3. All early voter absentee ballots shall be commingled with those voted at the polls on election day prior to being examined for the purpose of identifying write-in votes.
  Added 2019, No. 67 , § 14, eff. July 1, 2020; amended 2021, No. 60 , § 15, eff. June 7, 2021.

History

Amendments--2021. Subdiv. (a)(1): Added "or secure ballot box" at the end.

Subdiv. (b)(1): Inserted "secure ballot box or" in the first sentence.

Subdiv. (b)(2): Inserted "secure" preceding "ballot box".

Subdiv. (b)(3): Inserted "secure ballot box or" and substituted "ballot bin" for "ballot box".

Subdiv. (b)(4): Added "and shall mark these voters as having voted early in the clerk's office in the online election management system" at the end.

Subdiv. (c)(1): Inserted "secure ballot box" and substituted "ballot bin" for "sealed ballot boxes".

§ 2547. Defective ballots.

If upon examination by the election officials it shall appear that any of the following defects is present, either the ballot or the unopened certificate envelope shall be marked "defective" and the ballot shall not be counted:
1. the identity of the early or absentee voter cannot be determined;
2. the early or absentee voter is not legally qualified to vote;
3. the early or absentee voter has voted in person or previously returned a ballot in the same election;
4. the certificate is not signed;
5. the voted ballot is not in the certificate envelope; or
6. in the case of a primary vote, the early or absentee voter has failed to return the unvoted primary ballots.
Each defective ballot or unopened certificate envelope shall be:
1. affixed with a note from the presiding officer indicating the reason it was determined to be defective; and
2. placed with other such defective ballots in an envelope marked "Defective Ballots - Voter Checked Off Checklist - Do Not Count".
The provisions of this section shall be indicated prominently in the early or absentee voter material prepared by the Secretary of State.
1. If a ballot is deemed defective, the voter shall be notified of the defect in accordance with the provisions of subdivision 2546(a)(2)(B) of this subchapter. Upon notification, the voter may cure the defect until the closing of the polls on election day by: (d) (1) If a ballot is deemed defective, the voter shall be notified of the defect in accordance with the provisions of subdivision 2546(a)(2)(B) of this subchapter. Upon notification, the voter may cure the defect until the closing of the polls on election day by:
  1. correcting the defect or submitting a new absentee ballot in person at the clerk's office or at the polling place on election day;
  2. requesting a new ballot be mailed to them by the clerk along with materials for submission of the new ballot, provided the new ballot is received by the presiding officer or other sworn election official prior to the closing of the polls; or
  3. for a voter who failed to sign the certificate envelope, failed to place the voted ballot in the certificate envelope, or did not return their unvoted primary ballots in the unvoted ballot envelope, returning the signed affidavit included in the notice under subdivision 2546(a)(2)(B)(iii) of this subchapter either by mail, in person, or electronically, provided the affidavit is received by the presiding officer or other sworn election official prior to the closing of the polls if returned in person or by mail or prior to the close of business on the day before the election if returned electronically.
2. 1. If a voter corrects the defect in accordance with subdivision (1)(A) or (1)(C) of this subsection (d), the clerk shall update the status of the ballot to "received - accepted" in the online election management system. (2) (A) If a voter corrects the defect in accordance with subdivision (1)(A) or (1)(C) of this subsection (d), the clerk shall update the status of the ballot to "received - accepted" in the online election management system.
  2. If a voter corrects the defect by requesting a new ballot be mailed to them under subdivision (1)(B) of this subsection (d), the clerk shall enter a second absentee ballot request and issue date for that voter in the online election management system.
3. The same voter may cure a ballot deemed defective not more than twice for any single election.
  Added 1977, No. 269 (Adj. Sess.), § 1; amended 1985, No. 196 (Adj. Sess.), § 6; 2001, No. 6 , § 11, eff. April 10, 2001; 2015, No. 30 , § 14, eff. May 26, 2015; 2017, No. 50 , § 34; 2019, No. 67 , § 14; 2021, No. 60 , § 16, eff. June 7, 2021.

History

2017. Subdiv. (b)(A)-(b)(C) designations, as added by 2017, No. 50 , § 34, were redesignated as (b)(1)-(b)(3) to conform to V.S.A. style.

Amendments--2021. Subdiv. (b)(3): Repealed.

Subsec. (d): Added.

Amendments--2019. Subsec. (a): Added subdiv. (1); redesignated former subdivs. (1) and (2) as subdivs. (2) and (3); in subdiv. (3), inserted "or previously returned a ballot in the same election" at the end; and deleted former subdiv. (3).

Subdiv. (b)(3): Substituted "chapter" for "title".

Amendments--2017. Section amended generally.

Amendments--2015. Deleted "portions of the" preceding "primary ballots" in the first sentence.

Amendments--2001. Substituted "early or absentee" for "absent" preceding "voter" in two places, and in the first sentence, inserted "the certificate is not signed, or the voted ballot is not in the voted ballot envelope" following "on any envelope is insufficient" and inserted "early or" preceding "absentee voter has failed to return".

Amendments--1985 (Adj. Sess.). Inserted "or in the case of a primary vote, the absentee voter has failed to return the unvoted portions of the primary ballots" following "insufficient" in the first sentence and added the second sentence.

§ 2548. Voting in person.

Prior to the opening of the polls, the municipal clerk shall provide the election officials of each polling place with a list of the names of all persons who have voted early in the clerk's office or marked and returned early voter absentee ballots, and these persons shall not thereafter vote in person in the same election.
1. A voter who has been issued an early ballot, either by the Secretary of State's office pursuant to section 2537a of this subchapter or otherwise by the town clerk, but who has not returned the voter's voted ballot to the clerk, may vote in person at the polling place on election day. (b) (1) A voter who has been issued an early ballot, either by the Secretary of State's office pursuant to section 2537a of this subchapter or otherwise by the town clerk, but who has not returned the voter's voted ballot to the clerk, may vote in person at the polling place on election day.
2. If the voter brings the voter's marked ballot enclosed in the signed certificate envelope, the voter may submit that certificate envelope containing the voted ballot to the entrance checklist official for processing along with any other early or absentee ballots. The voter shall be marked off the checklist and the clerk shall record the voter as having returned the absentee ballot on election day in the online election management system.
3. If the voter brings the marked ballot, but it is not enclosed in the certificate envelope, the voter shall be marked off the checklist and be allowed to cast that ballot into the secure ballot box or tabulator in the same manner as other voters who are voting in the polling place. The clerk shall record any such voter as having voted in person on election day in the online election management system.
4. If the voter brings the unmarked ballot, the voter shall be marked off the checklist and allowed to proceed to a voting booth to mark that ballot and cast it into the ballot box or tabulator in the same manner as other voters who are voting in the polling place. The presiding officer may choose to provide any such voter with a new ballot in exchange for the unvoted ballot that the voter brought to the polls. The clerk shall record any such voter as having voted in person on election day in the online election management system.
5. If the voter does not bring a marked or an unmarked ballot with them to the polls, the voter shall be required to sign an affidavit that the voter has not previously cast a ballot in the election and only then shall they be checked off the checklist and allowed to vote in the same manner as all other voters who are voting at the polling place. The clerk shall record any such voter as having voted in person on election day in the online election management system. Any affidavits signed by voters at the polling place pursuant to this section shall be retained for a period of 90 days following the election.
  Added 1977, No. 269 (Adj. Sess.), § 1; amended 2001, No. 6 , § 12(a), (b), eff. April 10, 2001; 2007, No. 54 , § 8c; 2017, No. 50 , § 35; 2021, No. 60 , § 17, eff. June 7, 2021.

History

Amendments--2021. Subsec. (a): Inserted "voted early in the clerk's office or" preceding "marked".

Subsec. (b): Rewrote the subsection.

Amendments--2017. Subsec. (b): Added the subdiv. (1) through (3) designations and substituted "replaced" for "spoiled or unused" in subdiv. (b)(3).

Amendments--2007. Subsec. (b): Added "or her" following "for his" and substituted "or she" for "finds that he" preceding "is able to vote in person" in the first sentence; and added the present second sentence.

Amendments--2001. Inserted "early voter" preceding "absentee ballots" throughout the section and substituted "early or absentee voters" for "absent voters" in the second sentence of subsec. (b).

§ 2549. Use of federal war ballot.

In addition to and supplementing the provisions of this title, the provisions of any federal statute for a federal war ballot and for procedures affecting and facilitating voting by members of the military service of the United States are hereby authorized for use in this State.

Added 1977, No. 269 (Adj. Sess.), § 1.

§ 2550. Early or absentee voters deemed "present and voting".

A voter voting by early voter absentee ballot shall be deemed as "present and voting," for purposes of any provision in which the phrase "present and voting" is used in the Vermont Statutes Annotated or in the acts of the General Assembly.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 2001, No. 6 , § 12(a), (b), eff. April 10, 2001.

History

Amendments--2001. Substituted "early or absentee voters" for "absent voters" in section heading and inserted "early voter" preceding "absentee ballot".

Subchapter 6A. Provisional Voting and Voter Affirmation

§ 2555. Provisional ballot envelopes.

The clerk shall deliver to each polling place on the date of the election a sufficient number of provisional ballot envelopes printed with a voter attestation. The attestation shall include:

A statement informing the applicant of the requirements for voter eligibility set forth in section 2121 of this title and space for the provisional voter to provide the information necessary for the town clerk to determine eligibility, including a place for the applicant to swear or affirm, by checking the appropriate box, that he or she meets all voter eligibility requirements set forth in section 2121 of this title and the signature of the provisional voter signed under penalty of perjury. In addition, the attestation shall include the following information:
1. The provisional voter's place and date of birth.
2. The provisional voter's town of legal residence.
3. The provisional voter's street address or a description of the physical location of the applicant's residence. The description must contain sufficient information so that the town clerk can determine whether the applicant is a resident of the town.
An attestation by the provisional voter that he or she submitted a properly completed voter application form. The attestation shall be signed by the provisional voter under penalty of perjury.
Space on the application for documentation of the town clerk's action.
A statement informing the provisional voter: "If you choose to vote by provisional ballot, after the close of the polls, the town clerk will determine whether you meet all eligibility requirements. If the clerk denies your application, he or she will inform you that the application has been denied."
Added 2003, No. 59 , § 30, eff. June 7, 2003; amended 2015, No. 44 , § 11, eff. Jan. 1, 2017; 2017, No. 50 , § 36.

History

Amendments--2017. Subsec. (4): Deleted the first and second sentences following "provisional voter:".

Amendments--2015. Subdiv. (2): Deleted "before the application deadline" at the end of the first sentence.

§ 2556. Provisional voting.

If an individual's name does not appear on the checklist and the individual claims to have submitted an application for the checklist and refuses to complete a new application in accordance with subdivision 2563(2) of this chapter, or if the individual's registration application has been rejected and the individual disputes that rejection, the election official shall allow the individual to vote provisionally.
The provisional voter shall be given a ballot and an envelope with an attestation printed upon it, as described in section 2555 of this title, and shall complete the attestation on the envelope. Upon completion, the provisional voter shall seal the envelope and deposit it in a ballot box marked for the receipt of provisional ballots.
A provisional voter who makes a false statement in completing the attestation, knowing the statement to be false, shall be subject to the penalties of perjury as provided in 13 V.S.A. chapter 65.
Added 2003, No. 59 , § 30, eff. June 7, 2003; amended 2007, No. 54 , § 9; 2015, No. 44 , § 12, eff. Jan. 1, 2017.

History

Amendments--2015. Subsec. (a): Substituted "and refuses to complete a new application in accordance with subdivision 2563(2) of this chapter, or if the individual's registration application has been rejected and the individual disputes that rejection" for "prior to noon on the second Monday before the election" following "application for the checklist" near the middle of the sentence.

Amendments--2007. Subsec. (b): Deleted "that includes only candidates for federal offices" following "ballot" in the first sentence.

§ 2557. Town clerk approval of provisional voter attestation.

The town clerk may make such investigation as he or she deems proper to verify any fact stated in the application. In making the determination whether to accept the provisional voter's attestation, the town clerk shall determine whether the applicant meets all of the registration eligibility requirements. However, the town clerk may not require a provisional voter to complete any form other than that approved under section 2555 of this title; nor may the board of civil authority require all provisional voters or any particular class or group of provisional voters to appear personally before a meeting of the board or routinely or as a matter of policy require provisional voters to submit additional information to verify or otherwise support the information contained in the attestation.
Within two days after the close of the polls, the town clerk shall inform each provisional voter of his or her action on a provisional voter's attestation. If the clerk rejects a provisional voter, the clerk shall also notify the provisional voter immediately of his or her reasons by first-class mail directed to the address given in the application.
When the town clerk approves a provisional voter's attestation, the town clerk shall note his or her approval in the space provided on the envelope, photocopy the affidavit from all provisional envelopes, place all provisional envelopes with the official return of vote, and send all information to the Secretary of State in a manner prescribed by the Secretary.
Upon receipt of the official return of vote that contains provisional envelopes from any town clerk, the Secretary shall open all envelopes that were approved by the municipal clerk, deposit the ballot in a ballot box, and count all approved ballots, adding the totals to the statewide count for federal offices.
Added 2003, No. 59 , § 30, eff. June 7, 2003.

Subchapter 7. Process of Voting

Cross References

Cross references. Ballots generally, see subchapter 2 of this chapter.

Count and return of votes, see subchapter 8 of this chapter.

Voting tabulators generally, see subchapter 3 of this chapter.

§ 2561. Hours of voting; extended hours.

At all elections using the Australian ballot system, the polls may open no earlier than 5:00 a.m. and shall open no later than 10:00 a.m. as set by the board of civil authority in each town. The polls in all polling places shall close at 7:00 p.m.
If at the hour of closing there are any qualified voters at the polling place desiring to vote, who have been unable to do so since appearing there, the polls shall be kept open long enough after the hour of closing to allow those present a reasonable opportunity to vote. A person not present at the hour of closing shall not be entitled to vote, although the polls may not actually be closed when he or she arrives.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 75; 2003, No. 59 , § 31; 2007, No. 121 (Adj. Sess.), § 10.

History

Amendments--2007 (Adj. Sess.) Subsec. (a): Substituted "may open" for "shall open" preceding "no earlier", inserted "shall open" preceding "no later" and deleted "unless the board of civil authority has elected to open the polls earlier than 6:00 a.m. as provided in section 2494 of this title" following "each town" in the first sentence.

Amendments--2003. Subsec. (a): Substituted "5:00" for "six", "10:00" for "ten" following "than" and added "unless the board . . . of this title" at the end of the first sentence and substituted "7:00" for "seven" in the second sentence.

Amendments--1979 (Adj. Sess.). Subsec. (a): Substituted "elections using the Australian ballot system" for "general or special elections" at the beginning of the first sentence.

ANNOTATIONS

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 862 of this title.

§ 2562. Presiding officer to assign duties to election officials.

At each polling place, the presiding officer shall assign specific duties to each election official present. Insofar as practical, he or she shall assign election officials to work in pairs, with each pair containing members from different political parties.

Added 1977, No. 269 (Adj. Sess.), § 1.

Cross References

Cross references. Election officials generally, see subchapter 1 of this chapter.

§ 2563. Admitting voter.

Before a person may be admitted to vote, he or she shall announce his or her name and, if requested, his or her place of residence in a clear and audible tone of voice, or present his or her name in writing, or otherwise identify himself or herself by appropriate documentation. The election officials attending the entrance of the polling place shall then verify that the person's name appears on the checklist for the polling place.

If the name does appear, and if no one immediately challenges the person's right to vote on grounds of identity or having previously voted in the same election, the election officials shall repeat the name of the person and:
1. 1. If the checklist indicates that the person is a first-time voter in the municipality who registered by mail or online, whose driver's license, nondriver identification number, or last four digits of his or her Social Security number provided by the applicant have not been verified by the Secretary of State, and who has not provided required identification before the opening of the polls, require the person to present any one of the following: a valid photo identification; a copy of a current utility bill; a copy of a current bank statement; or a copy of a government check, paycheck, or any other government document that shows the current name and address of the voter. (A) (i) If the checklist indicates that the person is a first-time voter in the municipality who registered by mail or online, whose driver's license, nondriver identification number, or last four digits of his or her Social Security number provided by the applicant have not been verified by the Secretary of State, and who has not provided required identification before the opening of the polls, require the person to present any one of the following: a valid photo identification; a copy of a current utility bill; a copy of a current bank statement; or a copy of a government check, paycheck, or any other government document that shows the current name and address of the voter.
  2. If the person is unable to produce the required information, the person shall be afforded the opportunity to complete a new application for addition to the checklist in accordance with section 2144 of this title.
  3. The election officials shall note upon the checklist a first-time voter in the municipality who has registered by mail and who produces the required information, and place a mark next to the voter's name on the checklist and allow the voter to proceed to the voting booth for the purpose of voting.
2. If the voter is not a first-time voter in the municipality, no identification shall be required. The clerk shall place a check next to the voter's name on the checklist and allow the voter to proceed to the voting booth for the purpose of voting.
If the name does not appear, the person shall be afforded the opportunity to complete an application for addition to the checklist in accordance with section 2144 of this title.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1981, No. 239 (Adj. Sess.), § 44; 2003, No. 59 , § 32; 2015, No. 44 , § 13, eff. Jan. 1, 2017; 2017, No. 50 , § 37.

History

Amendments--2017. Added a comma after "and" in the first sentence of the undesignated paragraph; and inserted "or online, whose driver's license, nondriver identification number, or last four digits of his or her Social Security number provided by the applicant have not been verified by the Secretary of State," in subdiv. (1)(A)(i).

Amendments--2015. Section amended generally.

Amendments--2003. Present introductory paragraph amended generally, rewrote subdivs. (1) and (2) and deleted subdiv. (3).

Amendments--1981 (Adj. Sess.). Added "or otherwise identify himself by appropriate documentation" at the end of the first sentence and substituted "the" for "that" preceding "polling place" in the second sentence.

Cross References

Cross references. Federal identification requirements for individuals who register by mail, see 52 U.S.C. § 21083.

§ 2564. Challenges.

1. 1. Each organized political party, each candidate on the ballot not representing an organized political party, and each committee supporting or opposing any public question on the ballot shall have the right to have not more than two representatives for each voting district, in a polling place but outside the guardrail, for the purpose of observing the voting process and challenging the right of any person to vote. (a) (1) (A) Each organized political party, each candidate on the ballot not representing an organized political party, and each committee supporting or opposing any public question on the ballot shall have the right to have not more than two representatives for each voting district, in a polling place but outside the guardrail, for the purpose of observing the voting process and challenging the right of any person to vote.
  2. In no event shall such representatives be permitted to interfere with the orderly conduct of the election, and the presiding officer shall have authority to impose reasonable rules for the preservation of order.
  3. However, in all cases the representatives shall have the right to hear or see the name of a person seeking to vote, and they shall have the right to make an immediate challenge to a person's right to vote.
2. The grounds of challenge of a person whose name appears on the checklist shall be only:
  1. that he or she is not, in fact, the person whose name appears on the checklist; or
  2. that he or she has previously voted in the same election.
If a challenge is issued, the members of the board of civil authority present in the polling place shall immediately convene, informally hear the facts, and decide whether the challenge should be sustained.
1. If the board overrules the challenge, the person shall immediately be admitted within the guardrail and permitted to vote.
2. If the board sustains the challenge, the person shall not be admitted unless, before the polls close, he or she shall obtain a court order directing that he or she be permitted to vote.
  Added 1977, No. 269 (Adj. Sess.), § 1; amended 2017, No. 50 , § 38.

History

2012. Added the subsec. (a) and (b) designations for clarity.

Amendments--2017. Subsecs. (a) and (b): Added the subdiv. designations.

Subdiv. (a)(1)(A): Inserted "for each voting district, in a polling place but" following "two representatives".

Subdiv. (a)(2): Redesignated former subdivs. (a)(1) and (a)(2) as (a)(2)(A) and (a)(2)(B), respectively.

§ 2565. Delivery of ballots.

Except as otherwise provided in subsection 2548(b) of this title, as each voter passes through the entrance of the guardrail, an election official or officials shall hand him or her one of each kind of ballot. The election officials shall also answer any questions a voter may ask concerning the process of voting. The presiding officer shall keep the election officials in charge of furnishing ballots to voters supplied with a sufficient number of blank ballots, keeping the remainder of the blank ballots safely secured until needed.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 76; 2013, No. 161 (Adj. Sess.), § 71; 2021, No. 60 , § 18, eff. June 7, 2021.

History

Amendments--2021. Added "Except as otherwise provided in subsection 2548(b) of this title," at the beginning.

Amendments--2013 (Adj. Sess.). Substituted "The election officials" for "He or they" at the beginning of the second sentence.

Amendments--1979 (Adj. Sess.). Substituted "an election official or officials" for "a pair of election officials" following "guardrail" in the first sentence and inserted "He or" at the beginning of the second sentence.

§ 2566. Marking ballots.

Except as provided in subdivision 2548(b)(2) of this title, on receiving his or her ballots, the voter shall forthwith, and without leaving the polling place or going outside the guardrail, proceed to one of the booths not occupied by any other person and vote by filling in the appropriate square or oval opposite the name of the candidate of his or her choice for each office, or by writing in the name of the candidate of his or her choice in the blank space provided and filling in the square or oval to the right of that blank space.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 2015, No. 30 , § 15, eff. May 26, 2015; 2017, No. 50 , § 39; 2021, No. 60 , § 19, eff. June 7, 2021.

History

Amendments--2021. Added "Except as provided in subdivision 2548(b)(2) of this title," at the beginning.

Amendments--2017. Substituted "writing" for "filling" preceding "in the name of the candidate" and inserted "filling in" preceding "the square or oval".

Amendments--2015. Section amended generally.

ANNOTATIONS

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 1043 of this title.

§ 2567. Voting systems for voters with disabilities.

[Repealed.]
All polling places shall possess at least one voting system approved by the Secretary of State equipped for individuals with disabilities, including accessibility for people who are blind and people who have a visual impairment, to vote independently and privately.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 2003, No. 59 , § 33, eff. Jan. 1, 2006; 2013, No. 96 (Adj. Sess.), § 84; 2013, No. 161 (Adj. Sess.), § 30.

History

2014. The text of subsec. (b) is based on a harmonization of two amendments. During the 2013 Adjourned Session, this subsection was amended twice, by Act Nos. 96 and 161, resulting in two versions of this subsection. In order to reflect all of the changes enacted by the Legislature during the 2013 Adjourned Session, the text of Act Nos. 96 and 161 were merged to arrive at a single version of the subsection. The changes that each of the amendments made are described in amendment notes set out below.

Amendments--2013 (Adj. Sess.). Section heading: Act No. 161 substituted "Voting systems for voters with disabilities" for "Registering votes on voting machines".

Subsec. (a): Repealed by Act No. 161.

Subsec. (b): Act Nos. 96 and 161 substituted "people who are blind and people who have a visual impairment" for "the blind and visually impaired" following "accessibility for".

Subsec. (b): Act No. 161 deleted ", regardless of whether the municipality has voted to use a voting machine pursuant to section 2492 of this title," following "All polling places".

Amendments--2003. Subsec. (a): Act No. 59 designated the prior provisions of the section as the present subsec. (a) and amended the subsec. generally.

Subsec. (b): Added.

2003, No. 59 , § 45(b), provides that amendments to this section shall take effect on January 1, 2006.

§ 2568. Removing ballots from polling place; replacement and unused ballots.

Removing ballots from polling place. A person shall not take or remove a ballot from the polling place before the close of the polls.
Replacement ballots.
1. If a voter desires a replacement ballot, he or she may obtain another, not exceeding three in all, upon each time returning to an election official the previous ballot he or she was provided.
2. If a ballot is returned to an election official by a voter desiring a replacement ballot, the ballot returned by the voter shall be immediately delivered to the presiding officer or his or her designee, who shall tear it in half and place it in an envelope containing all ballots returned by the voters that is clearly marked "Do Not Count - Replaced Ballots." At the close of the polls, this envelope shall be sealed and delivered to the clerk pursuant to section 2590 of this chapter.
Unused ballots. Ballots originally delivered to the presiding officer that remain undistributed to the voters shall be preserved and returned to the town clerks, and following the election, they may be destroyed or distributed by the town clerk for educational purposes or for any other purpose the town clerk deems appropriate.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 2017, No. 50 , § 40; 2019, No. 67 , § 15.

History

Amendments--2019. Section heading: Deleted ", blank," following "replacement".

Subsec. (c): Substituted "following the election" for "the clerk shall preserve them in such condition, unless called for by some authority entitled to demand and receive them. After 90 days from the date the election is held" preceding "they may be destroyed".

Amendments--2017. Section amended generally.

ANNOTATIONS

1. Generally.

Elections statute permits - but does not require - the destruction of ballots and tally sheets after the expiration of the preservation period; thus, in the absence of a clear statutory provision or purpose requiring that these election materials remain under seal if not destroyed, the Vermont Supreme Court is constrained to construe the provision narrowly to permit the disclosure promoted by the Vermont Access to Public Records Act. There is no contrary intent in the few specific statutes authorizing the unsealing of ballots in certain limited circumstances, such as where a container is damaged, or in the provisions for disclosure of other election materials, such as "spoiled" ballots. Price v. Town of Fairlee, 190 Vt. 66, 26 A.3d 26 (2011).

§ 2569. Assistance to voter.

A voter who declares to the presiding officer that he or she needs assistance to mark the ballot shall be assisted in the marking or registering of the ballot by a person of the voter's choice or two election officials of different party affiliations.
A person who gives assistance to a voter in the marking of his or her ballot shall not in any way divulge any information regarding the choice of the voter or the manner in which the voter's ballot was cast.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1985, No. 196 (Adj. Sess.), § 1; 1989, No. 200 (Adj. Sess.), § 4; 2003, No. 59 , § 34; 2015, No. 30 , § 16, eff. May 26, 2015.

History

Amendments--2015. Subsec. (a): Deleted "or register a vote on a machine" following "mark the ballot".

Subsec. (b): Deleted "or registering" following "in the marking".

Amendments--2003. Subsec. (a): Amended generally.

Amendments--1989 (Adj. Sess.). Subsec. (a): Deleted "who is legal voter of the town in which the polling place is located" following "choice".

Amendments--1985 (Adj. Sess.). Subsec. (a): Amended generally.

§ 2570. Depositing ballots.

In primary elections, the voter shall first hand any unvoted primary ballots to the appropriate election official, who shall deposit those ballots in a receptacle marked for unvoted primary ballots. The voter shall then deposit the voted ballot in the ballot box or vote tabulator, unless the voter requires assistance in depositing the ballot.
In all other elections, the voter shall, without displaying the marks thereon and under the supervision of an election official, deposit each ballot into the proper ballot box or in the vote tabulator.
Except as provided in section 2569 of this title, no election official or other person shall look at the contents of any ballot.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 77; 2015, No. 30 , § 17, eff. May 26, 2015; 2017, No. 50 , § 41.

History

Amendments--2017. Subsec. (a): Inserted "primary" preceding "ballots" twice in the first sentence.

Amendments--2015. Section amended generally.

Amendments--1979 (Adj. Sess.). Designated the existing provisions of the section as subsec. (b), added "In all other elections" at the beginning of the subsection, and added subsecs. (a) and (c).

§ 2571. Checking voter's name upon leaving.

In towns that have exit checklists, before a voter's ballots are deposited, he or she shall again announce his or her name to the election officials attending the second certified copy of the checklist. A mark shall then be placed next to his or her name upon the checklist, ballots shall be deposited and he or she shall proceed immediately outside the guardrail by the exit and shall not again enter within the guardrail unless he or she is an election official.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 78; 2001, No. 5 , § 8.

History

Amendments--2001. Added "In towns that have exit checklists" preceding "before" at the beginning of the section and inserted "or her" following "his" and "or she" following "he" throughout the section.

Amendments--1979 (Adj. Sess.). Substituted "Before a voter's ballots are deposited" for "after the voter has deposited his ballots, or left the voting machine" at the beginning of the first sentence and inserted "ballots shall be deposited" following "checklist" in the second sentence.

§ 2572. Viewing of the checklist.

A representative of each political party, a candidate on the ballot not represented by a political party, and a representative of each committee supporting or opposing any public question on the ballot shall each have the right to view, no more than two times each, a copy of the checklist upon which the election officials are marking those persons who have voted.
This viewing shall occur only at times during the election that are convenient for the election officials and is required to be permitted only in instances where the board of civil authority have received a request in writing from the representative or candidate at least 12 hours before the opening of the polls.
This section shall only apply at polling places that have checklists of eligible voters numbering 500 or less.
Added 1977, No. 269 (Adj. Sess.), § 1.

§ 2573. No counting before polls close.

In towns that do not use vote tabulators, the ballot boxes shall not be opened nor the ballots counted before the closing of the polls. In towns using vote tabulators, the tabulator counts shall not be viewed or printed before the closing of the polls.

Added 1979, No. 200 (Adj. Sess.), § 79; amended 2003, No. 59 , § 35; 2013, No. 161 (Adj. Sess.), § 31.

History

Amendments--2013 (Adj. Sess.). Substituted "In towns that do not use vote tabulators" for "In towns using paper ballots" in the first sentence and "vote tabulators, the tabulator" for "voting machines, the machine" following "In towns using" in the second sentence.

Amendments--2003. Rewrote the first sentence and added the second sentence.

Subchapter 8. Count and Return of Votes

Cross References

Cross references. Recounts and contests of elections, see subchapter 9 of this chapter.

§ 2581. Closing polls.

When the hours set for voting, including extended hours of voting, have expired, the presiding officer at each polling place shall publicly announce that the polls are closed. He or she shall then ensure that all persons who are not election officials are prevented from entering within the guardrail until all votes have been counted and ballots secured as provided in this subchapter. Persons who are not election officials may remain within the polling place but outside the guardrail, or within a designated area in any other room where ballots are being counted, provided that they are able to observe the counting process, but that they do not in any way interfere with the orderly count and return of votes.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 80.

History

Amendments--1979 (Adj. Sess.). Rewrote the last sentence.

§ 2582. Presiding officer to direct count; transporting ballots or checklist.

The presiding officer shall direct the manner in which the votes are counted, subject to the provisions of this title and as provided for in the rules for counting ballots adopted by the Secretary of State. Ballots shall be counted at the polling places where they are cast, except where the Secretary of State, upon request of the presiding officer, has issued a determination that the ballots should be counted elsewhere, or the checklist should be moved by two elections officials of different parties for the purpose of making a photocopy.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 81; 1981, No. 239 (Adj. Sess.), § 30; 2003, No. 59 , § 36.

History

Amendments--2003. Rewrote section and heading.

Amendments--1981 (Adj. Sess.). Added "and except for ballots cast in union school district votes on bond issues which, under section 706w of Title 16, shall be commingled" at the end of the last sentence.

Amendments--1979 (Adj. Sess.). Added the last sentence.

ANNOTATIONS

1. Duty to count ballots.

There is no law that makes it duty of board of civil authority in town having not more than four thousand inhabitants to canvass and count ballots taken on question whether such town shall issue licenses for sale of intoxicating liquors. Page v. McClure, 79 Vt. 83, 64 A. 451 (1906). (Decided under prior law.)

§ 2583. Official checklist to be tallied; storage of checklist.

1. The presiding officer, as soon after the closing of the polls as possible, shall cause both certified checklists to be examined and the number of voters checked as having voted to be tallied. Both tallies shall be recorded by the presiding officer. The presiding officer shall prepare a statement listing any discrepancies between the checklists, including the names involved and other details relating to the discrepancies. (a) (1) The presiding officer, as soon after the closing of the polls as possible, shall cause both certified checklists to be examined and the number of voters checked as having voted to be tallied. Both tallies shall be recorded by the presiding officer. The presiding officer shall prepare a statement listing any discrepancies between the checklists, including the names involved and other details relating to the discrepancies.
2. Unless the board of civil authority votes not to use an exit checklist under section 2507 of this chapter, each checklist shall be identified as either the "entrance" or "exit" checklist, and the exit checklist, together with a statement of discrepancies, shall be sealed and stored with the ballots and tally sheets as provided in section 2590 of this chapter. The entrance checklist shall be safely stored so that the public cannot have access to it for a period of 90 days except under the direct supervision of the town clerk.
[Repealed.]
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 82; 1985, No. 196 (Adj. Sess.), § 3; 2003, No. 59 , § 37; 2013, No. 161 (Adj. Sess.), § 32.

History

Amendments--2013 (Adj. Sess.). Section heading: Inserted "; storage of checklist" at the end.

Subdiv. (a)(2): Substituted "Unless the board of civil authority votes not to use an exit checklist under section 2507 of this chapter, each" for "Each" at the beginning, and "chapter" for "title" at the end of the first sentence.

Subsec. (b): Repealed.

Amendments--2003. Subsec. (b): Substituted "read-out sheets and other machine materials" for "alternative material" following "title" and "are" for "is" following "which".

Amendments--1985 (Adj. Sess.). Section amended generally.

Amendments--1979 (Adj. Sess.). Added the third sentence, rewrote the fourth sentence, and added the fifth and sixth sentences.

§ 2584. Opening of ballot boxes; distribution of ballots.

After the closing of the polls, the presiding officer shall open the ballot boxes and distribute the ballots among the election officials in approximately equal numbers. As nearly as may be, election officials shall work in pairs while counting ballots, each pair consisting of members of different parties. Once ballots are distributed to a pair of election officials, that pair shall retain the same ballots throughout the counting process. If more than one kind of ballot has been used in the election, only one kind at a time shall be distributed.

Added 1977, No. 269 (Adj. Sess.), § 1.

§ 2585. Ballots not to be written upon.

No person shall in any manner, nor for any reason, make any mark upon either the face or reverse side of any ballots, during the counting process. All notations, arithmetic, or other marking shall be done upon separate pieces of scratch paper.

Added 1977, No. 269 (Adj. Sess.), § 1.

§ 2586. Tally sheets; summary sheets; returns.

The Secretary of State shall design, prepare, and distribute a sufficient supply of the following forms, which may be used in each polling place during the counting process:

Tally sheets.
1. These sheets shall provide a place to identify the office or question for which the ballots are being counted, the name of each candidate for that office, and the signature of the pair of election officials actually counting the ballots.
2. Votes for each candidate or question shall be recorded on the tally sheets by means of "tick" marks or some other convenient system, and the total shall then be written on the tally sheet.
3. Blank votes (undervotes) and overvotes shall be indicated.
4. In towns that count ballots by hand, all votes must be accounted for on the tally sheets.
Summary sheets. These sheets shall be used to record the totals shown on all tally sheets in the polling place for each office or public question, and the sum of such totals. They shall provide a place to identify the office or public question, the candidates, and the signatures of the presiding officer and at least one other election official.
Return. The return shall be prepared in duplicate and used to make the official report from each polling place of the grand totals of all votes cast in the polling place. It shall identify the polling place, and each candidate or question receiving votes, and shall be signed by the presiding officer and at least one other election official.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 2017, No. 50 , § 42.

History

Amendments--2017. Section heading: Substituted "Tally sheets; summary sheets; returns" for "Secretary of State to prepare forms".

Undesignated paragraph: Substituted "may" for "shall" preceding "be used".

Subdiv. (1): Amended generally.

§ 2587. Rules for counting votes.

1. In counting votes, election officials shall attempt to ascertain the intent of the voter as expressed by markings on the ballot and in a manner that is consistent with guidance that shall be adopted by rule by the Secretary of State. (a) (1) In counting votes, election officials shall attempt to ascertain the intent of the voter as expressed by markings on the ballot and in a manner that is consistent with guidance that shall be adopted by rule by the Secretary of State.
2. If it is impossible to determine the intent of the voter for any office or public question, the vote shall be counted as a blank or overvote, as the case may be, for that office or question; but that determination shall not control any other office or question appearing on the ballot for which the voter's intent can be determined.
3. If they have any doubt about the intent of the voter or any other question about a vote, the election officials counting the vote shall bring it to the presiding officer, who shall present the question of how to treat the vote to the assembled election officials. The decision of how to treat the vote shall be made by majority vote of the election officials who are present.
If the voter marks more names than there are persons to be elected to an office, or marks contradictory sides on any public question, overvotes equal to the number of candidates to be elected to the office must be recorded on the tally sheet for that office or question.
1. A write-in vote for a candidate whose name is preprinted on the ballot shall be counted as a vote for that candidate. (c) (1) A write-in vote for a candidate whose name is preprinted on the ballot shall be counted as a vote for that candidate.
2. A person who receives more than one vote for the same office on any ballot shall be entitled to one vote, and one vote only.
If the board of civil authority decides by majority vote of those present that any markings on a ballot were made for the purpose of enabling it to be identified and the vote traced, so as to defeat the secrecy of the ballot:
1. that ballot shall be:
  1. rejected;
  2. marked defective and affixed with a note from the presiding officer as to why it was marked defective; and
  3. placed in the defective ballot envelope in accordance with subsection 2547(b) of this chapter; and
2. the election officials may edit the vote tabulator totals reported on the vote tabulator tape, as necessary.
1. In the case of "write-in" votes, the act of writing in the name of a candidate, or pasting a label containing a candidate's name upon the ballot, without other indications of the voter's intent, shall constitute a vote for that candidate, even though the voter did not fill in the square or oval after the name. (e) (1) In the case of "write-in" votes, the act of writing in the name of a candidate, or pasting a label containing a candidate's name upon the ballot, without other indications of the voter's intent, shall constitute a vote for that candidate, even though the voter did not fill in the square or oval after the name.
2. The election officials counting ballots and tallying results shall list every person who receives a "write-in" vote and the number of votes received.
  1. On each tally sheet, the counters shall add together the names of candidates that are clearly the same person, even though a nickname or last name is used.
  2. Names of fictitious or deceased persons shall not be listed and shall be recorded on the tally sheet as a blank vote.
When the same number of persons are nominated for the position of justice of the peace as there are positions to be filled, the presiding officer may declare the whole slate of candidates elected without making individual tallies, providing each person on the slate has more votes than the largest number of write-in votes for any one candidate.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), §§ 83-85; 2003, No. 59 , § 38; 2015, No. 30 , § 17a, eff. May 26, 2015; 2017, No. 50 , § 43.

History

Amendments--2017. Section amended generally.

Amendments--2015. Subsec. (e): Amended generally.

Amendments--2003. Subsec. (a): Rewrote first sentence and added the second sentence.

Subsec. (e): Added the last sentence.

Amendments--1979 (Adj. Sess.). Subsec. (a): Added the last two sentences.

Subsec. (e): Inserted "without other indication of the voter's intent" following "upon the ballot" in the first sentence and added the second sentence.

Subsec. (f): Added.

ANNOTATIONS

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former §§ 1043 and 1143 of this title.

§ 2588. Filing returns.

For any primary or general election:

1. In towns that count all ballots by hand, as the count of votes for each office or public question is completed, the presiding officer and at least one other election official shall collect the tally sheets, enter the totals shown on the tally sheets upon the summary sheets, add and enter the sum of the figures, and sign the summary sheets. (1) (A) In towns that count all ballots by hand, as the count of votes for each office or public question is completed, the presiding officer and at least one other election official shall collect the tally sheets, enter the totals shown on the tally sheets upon the summary sheets, add and enter the sum of the figures, and sign the summary sheets.
2. As each summary sheet is completed, the presiding officer shall publicly announce the results.
1. In towns that use vote tabulators, after the close of the polls and after all remaining absentee or transfer ballots have been fed into the vote tabulator, the presiding officer shall insert the ender card and the tabulator will print a tape of unofficial results. The presiding officer shall print at least one additional copy of the tabulator tape. (2) (A) In towns that use vote tabulators, after the close of the polls and after all remaining absentee or transfer ballots have been fed into the vote tabulator, the presiding officer shall insert the ender card and the tabulator will print a tape of unofficial results. The presiding officer shall print at least one additional copy of the tabulator tape.
2. The unofficial results from the tape may be publicly announced, and one copy of the printed tape may be posted in the polling place upon a placard that clearly states: "Unofficial incomplete results."
The town clerk shall report as soon as practicable on the day of the election the unofficial vote counts of all candidates whose names appeared on the ballot to the Secretary of State. The report shall be made by electronically submitting the vote counts on the Secretary's online elections reporting system or, if unable to submit electronically, by submitting those vote counts to the Secretary of State by telephone, facsimile, or e-mail.
The Secretary shall ensure that any vote counts submitted by telephone, facsimile, or e-mail are entered into his or her online elections reporting system as soon as practicable after he or she receives them.
The Secretary's online elections reporting system shall cause the unofficial vote counts to be posted immediately on the Secretary's official website as soon as those vote counts are submitted.
1. The presiding officer and one other election official then shall proceed either to complete the return at once, or to store the summary sheets in a safe and secure place until their retrieval for completion of the return. In any event, not later than 48 hours after the polls close, the presiding officer and at least one other election official shall transfer the totals from the summary sheets to the proper spaces on the return, and both shall sign the return. (6) (A) The presiding officer and one other election official then shall proceed either to complete the return at once, or to store the summary sheets in a safe and secure place until their retrieval for completion of the return. In any event, not later than 48 hours after the polls close, the presiding officer and at least one other election official shall transfer the totals from the summary sheets to the proper spaces on the return, and both shall sign the return.
2. The town clerk shall store the summary sheets safely so that the public cannot reasonably have access to them for a period of 90 days without the town clerk's consent.
3. The original of the return shall be delivered to the town clerk. In a manner prescribed by the Secretary of State and within 48 hours of the close of the polls, the town clerk shall deliver to the Secretary of State, the senatorial district clerk, the county clerk, and the representative district clerk one certified copy each of the return. The town clerk shall also make a copy available to the public upon request.
  Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 86; 2003, No. 59 , § 39; 2009, No. 40 , § 2; 2013, No. 161 (Adj. Sess.), § 40; 2015, No. 30 , § 18, eff. May 26, 2015; 2017, No. 50 , § 44.

History

Amendments--2017. Added the introductory language; redesignated former subsecs. (a), (b), and (d) as subdivs. (1), (2), and (6), respectively; deleted the introductory language of former subsec. (c); redesignated former subdivs. (c)(1)-(c)(3) as subdivs. (3)-(5), respectively; and added all other subdiv. designations.

Subdiv. (2)(A): Substituted "one additional copy" for "two additional copies".

Subdiv. (6)(A): Substituted "not later than 48 hours" for "no later than 24 hours" in the second sentence.

Amendments--2015. Subsec. (c): Added the introductory language.

Amendments--2013 (Adj. Sess.). Subsec. (b): In the first sentence, substituted "vote tabulators" for "vote tabulating machines" following "In towns that use" and "vote tabulator" for "machine" following "ballots have been fed into the".

Subdivs. (c)(1)-(c)(3): Added, and redesignated former subsec. (c) as present (d).

Amendments--2009. Subsec. (a): Added the subsection designation; substituted "In towns that count all ballots by hand, as" for "As" at the beginning of the subsec.

Subsec. (b): Added.

Subsec. (c): Designated the former fourth through eighth sentences of the section as subsec. (c).

Amendments--2003. Substituted "In a manner prescribed by the secretary of state and within" for "Within", deleted "in person or mail" following "deliver" in the seventh sentence, and added the last sentence.

Amendments--1979 (Adj. Sess.). Section amended generally.

§ 2589. Identifying ballots.

When each kind of ballot has been completely counted, each pair of election officials shall securely bind the ballots they have counted and one copy of each tally sheet they have prepared with string or rubber bands and shall, on a separate piece of paper, indicate the number of ballots in the package and the identity of the election officials who counted them, as: "100 ballots counted by John Doe and Mary Smith."

Added 1977, No. 269 (Adj. Sess.), § 1.

§ 2590. Securing and storing ballots, tally sheets, and checklists.

1. The following shall not be placed in a sealed container, but shall be delivered to the town clerk along with the sealed containers: (a) (1) The following shall not be placed in a sealed container, but shall be delivered to the town clerk along with the sealed containers:
  1. ballots that were never distributed to voters;
  2. any vote tabulator memory card; and
  3. the original entrance checklist.
2. The presiding officer shall collect and deliver to the town clerk, securely sealed in the containers described in subsection (c) of this section, the following:
  1. packages of voted ballots;
  2. envelopes containing ballots that have been replaced;
  3. envelopes containing defective ballots;
  4. the exit checklist, if present;
  5. tally sheets; and
  6. other election material.
3. A copy of the entrance checklist shall be placed in the outside pocket of the sealed container or otherwise stored along with but outside the sealed container for delivery to the court in the event of a recount.
4. If the material collected from one polling place is sealed in more than one container, the presiding officer shall ensure that there shall be attached to the container in which the exit checklist is located, a tag stating that the checklist is in that container.
5. The form of the seal shall be designated and furnished by the Secretary of State in sufficient quantities to each town clerk. The Secretary of State shall require that all seals be safely kept and fully accounted for.
The Secretary of State shall furnish to all town clerks sufficient quantities of uniform-style containers. The Secretary shall establish a method by which the outside of each container shall indicate the contents of the container, the town to which it belongs, and such other pertinent information as may be required.
1. The town clerk shall safely store the sealed containers and shall not permit them to be removed from his or her custody or tampered with in any way. (c) (1) The town clerk shall safely store the sealed containers and shall not permit them to be removed from his or her custody or tampered with in any way.
2. 1. In the event that a container breaks, splits, or opens through handling, or in the event the original entrance checklist or a vote tabulator memory card was inadvertently sealed in a container, the town clerk shall notify the Secretary of State in writing, and the Secretary shall order the town clerk in the presence of two other town election officials who are not members of the same political party to open the bag to remove the entrance checklist or vote tabulator memory card or to move the entire contents to new containers, affix new seals, and transmit the new seal numbers. (2) (A) In the event that a container breaks, splits, or opens through handling, or in the event the original entrance checklist or a vote tabulator memory card was inadvertently sealed in a container, the town clerk shall notify the Secretary of State in writing, and the Secretary shall order the town clerk in the presence of two other town election officials who are not members of the same political party to open the bag to remove the entrance checklist or vote tabulator memory card or to move the entire contents to new containers, affix new seals, and transmit the new seal numbers.
  2. Containers shall not be removed or tampered with in any other way, except under court order, or by order of any authorized committee of the General Assembly.
  3. If necessary for safe storage of the containers, the town clerk may store them in a bank vault or other secure place, within or outside the town, provided that access to them cannot reasonably be had without the town clerk's consent.
Except as otherwise provided by federal law, all ballots and tally sheets shall be retained for a period of 90 days from the date of the election, after which time they may be destroyed; provided, however, that if a court order is entered prior to the expiration of the 90-day period, ordering some different disposition of the ballots, the town clerk shall abide by such order.
After the sealed containers are opened as provided in subsection (d) of this section, the town clerk shall file a copy of the entrance or exit checklist and preserve it, together with a statement of discrepancies, as a public record. The checklist shall be retained for a period of at least five years from the date of the election and shall be made available at cost to the public upon request.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 87; 1985, No. 148 (Adj. Sess.), § 2; 1985, No. 196 (Adj. Sess.), § 4; 1995, No. 148 (Adj. Sess.), § 4(a); 2007, No. 54 , § 10; 2017, No. 50 , § 45.

History

Amendments--2017. Section amended generally.

Amendments--2007. Subsec. (b): Deleted "commissioner of buildings and general services of the state shall purchase, and the" following "The" at the beginning of the first sentence, and deleted the third sentence.

Subsec. (c): Added the present second sentence and "Ballot bags or containers shall not be removed or tampered with in any other way" at the beginning of the present third sentence.

Amendments--1995 (Adj. Sess.) Subsec. (b): Substituted "commissioner of buildings and general services" for "commissioner of general services".

Amendments--1985 (Adj. Sess.) Subsec. (a): Act No. 148 added the present second sentence and substituted "who will furnish the seals" for "and furnished by him" following "state" in the present third sentence.

Act No. 196 deleted "and" preceding "tally sheets" and substituted "and other election material" for "together with the entrance and exit checklists, except as provided by section 2583 of this title" thereafter in the first sentence, inserted "and furnished" preceding "by the secretary of state" and deleted "who will furnish the seals" thereafter in the present third sentence, and added the last sentence.

Subsec. (b): Act No. 196 substituted "may be required" for "he may require" following "information as" at the end of the second sentence.

Subsec. (c): Act No. 196 inserted "or her" following "his" in the first sentence.

Subsec. (d): Act No. 196 added "except as otherwise provided by federal law" preceding "all".

Subsec. (e): Act No. 196 rewrote the second sentence.

Amendments--1979 (Adj. Sess.). Subsec. (a): Inserted "except as provided by section 2583 of this title" following "exit checklists" in the first sentence.

Subsec. (b): Deleted the former second sentence which provided that each town was to reimburse the state for the cost of containers furnished to it.

Subsec. (d): Inserted "and tally sheets" following "ballots" near the beginning of the subsection.

Subsec. (e): Added.

ANNOTATIONS

Analysis

1. Prior law.
2. Disclosure.

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 1223 of this title.

2. Disclosure.

While the custodian may have a good faith belief that the records may be destroyed in reliance upon the elections statute, nevertheless this is precisely the sort of legal conclusion that the review process under the Vermont Access to Public Records Act was established to determine. Accordingly, the discretionary authority to destroy ballots and tally sheets after the preservation period has expired must be stayed when a public-records request for the material is filed, and the stay must remain in effect until the request is resolved. Price v. Town of Fairlee, 190 Vt. 66, 26 A.3d 26 (2011).

No legislative policy evident from the election statutes, whether considered singly or as a whole, was furthered by maintaining the confidentiality of ballots and tally sheets from a 2006 election. The preservation period for the election in question had expired, the election results were final, and the purpose of maintaining the ballots under seal had been served. Price v. Town of Fairlee, 190 Vt. 66, 26 A.3d 26 (2011).

Under circumstances where a request under the Vermont Access to Public Records Act (PRA) is pending, the destruction of ballots must be treated as unauthorized. The PRA establishes a clear and orderly process for the handling of PRA requests, which would be circumvented, and the citizen's right to access defeated, if the statute giving discretionary authority to destroy ballots and tally sheets after the preservation period has expired were applied to allow the custodian to unilaterally destroy the requested ballots and tally sheets even when an access request remains pending. Price v. Town of Fairlee, 190 Vt. 66, 26 A.3d 26 (2011).

§ 2591. Return not received.

If any canvassing committee does not receive in due time any return required to be forwarded to it, it shall notify the clerk of the town from which the return is lacking, who shall forthwith make another certified copy of the record in his or her office of the lacking return and transmit the same to the committee.

Added 1977, No. 269 (Adj. Sess.), § 1.

§ 2592. Canvassing committees; canvass of votes in general or special elections.

For all State and national offices and statewide public questions, the Secretary of State and the chair of the State committee of each major political party (or designee) shall constitute a canvassing committee to receive and tally returns and issue certificates.
For all county offices and countywide public questions, the county clerk and the chair of the county committee of each major political party (or designee) shall constitute a canvassing committee to receive and tally returns and issue certificates.
For State Senator, the senatorial district clerk and the chair of the county committee of each major political party (or designee) in the county for which the senatorial district clerk is clerk shall constitute a canvassing committee to receive and tally returns and issue certificates.
For State Representative, the representative district clerk and one other election official from the district shall serve as a canvassing committee to receive and, if necessary, tally returns and issue certificates.
In the case of the canvassing committees in subsections (b) and (c) of this section, if there is no party organization or party chair in the county, the State committee chair may designate a person to serve on the appropriate canvassing committee.
In the case of primary elections, the canvass of votes shall be made as provided in subchapter 1 of chapter 49 of this title.
In the case of general or special elections, each canvassing committee shall meet at 10:00 a.m. one week after the day of the election and proceed to canvass the votes as provided in subsections (h) through (m) of this section. The canvassing committee may recess from time to time until it has completed its work.
1. The canvassing committee shall declare the person receiving the largest number of votes for each office to be elected, and it shall issue a certificate of election, signed by a majority of the canvassing committee, in substantially the following form: (h) (1) The canvassing committee shall declare the person receiving the largest number of votes for each office to be elected, and it shall issue a certificate of election, signed by a majority of the canvassing committee, in substantially the following form:
2. The committee shall send or deliver the certificate to the candidate elected. In the case of representatives to the General Assembly, the committee shall also send or deliver a copy of each certificate to the Secretary of State.
In the case of justices of the peace, the town clerk shall send or deliver a certificate signed by the town clerk and one other election official to each candidate elected. The Secretary of State shall provide certificate forms for this purpose. The town clerk shall also file with the Secretary of State a list of the names and addresses of justices of the peace and shall notify the Secretary of State of any changes in the list as filed.
The certificate shall be a sufficient credential of such person's election, unless superseded by a court order as provided by subchapter 9 of this chapter.
1. In the case of the State offices, the canvassing committee shall prepare a certificate of election but shall not sign it. (k) (1) In the case of the State offices, the canvassing committee shall prepare a certificate of election but shall not sign it.
2. The prepared certificate shall be presented to the official canvassing committee appointed by the General Assembly, pursuant to Chapter II, § 47 of the Constitution of the State of Vermont, for their use if they desire.
1. In the case of a tie vote, the canvassing committee shall forthwith petition the appropriate Superior Court for a recount pursuant to section 2602 of this title. (l) (1) In the case of a tie vote, the canvassing committee shall forthwith petition the appropriate Superior Court for a recount pursuant to section 2602 of this title.
2. Notwithstanding the provisions of subdivision (1) of this subsection, either of the candidates that is involved in a tie may notify the appropriate Superior Court that he or she is withdrawing, in which case the court shall certify the other candidate as the winner.
Each canvassing committee shall file a report of its findings with the Secretary of State, who shall preserve the reports as permanent records.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 88; 2003, No. 59 , § 40; 2017, No. 50 , § 46.

State of Vermont ) ) s.s. ................ County ) At ...................., on the ............ day of .................... 20 .........., a canvassing committee appointed by law completed a canvass of the returns cast at a general election held on the ................ day of ...................., 20 ........ for the office of ..................... The committee hereby certifies that .................... of .................... was duly elected to the office by the voters present and voting. .......................................................... ..........................................................

History

2002. In the form in subsec. (h), substituted "20____ " for "19____" to correct an outdated reference to a year in the future.

Amendments--2017. Subsec. (b): Deleted "(except justice of the peace)" following "county offices".

Subsec. (k): Added the subdiv. (1) and (2) designations; in subdiv. (1), substituted "State offices" for "offices of governor, lieutenant governor, treasurer, secretary of state, attorney general, and auditor of accounts"; and in subdiv. (2), substituted "Constitution of the State of Vermont" for "Vermont constitution".

Subsec. ( l ): Added the subdiv. (1) designation and subdiv. (2).

Amendments--2003. Subsec. (k): Inserted "attorney general," following "state," in the first sentence.

Amendments--1979 (Adj. Sess.). Section amended generally.

ANNOTATIONS

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 1181 of this title.

§ 2593. Participation to be entered on statewide checklist by town clerk.

Not later than 60 days after an annual town meeting, primary election, presidential primary, or general election, the town clerk shall indicate on the town checklist of the statewide checklist each voter's participation, participation method, and political party of ballot taken, if applicable, in that election by a method approved by the Secretary of State.

Added 2007, No. 54 , § 11; amended 2013, No. 161 (Adj. Sess.), § 41, eff. July 1, 2015; 2015, No. 30 , § 19.

History

Amendments--2015. Substituted "an annual town meeting" for "a" preceding "primary election", deleted "or municipal" preceding "checklist", and substituted "that" for "the primary election, presidential primary, or general" preceding "election by a method".

Amendments--2013 (Adj. Sess.). Substituted "a primary election, presidential primary, or" for "the" following "Not later than 60 days after" and ", participation method, and political party of ballot taken, if applicable, in the primary election, presidential primary, or" for "in the" following "voter's participation".

Subchapter 9. Recounts and Contest of Elections

Cross References

Cross references. Counting of votes generally, see subchapter 8 of this chapter.

§ 2601. Recount threshold.

1. In an election for federal office, statewide office, county office, or State Senator, if the difference between the number of votes cast for a winning candidate and the number of votes cast for a losing candidate is two percent or less of the total votes cast for all the candidates for an office, divided by the number of persons to be elected, that losing candidate shall have the right to have the votes for that office recounted. (a) (1) In an election for federal office, statewide office, county office, or State Senator, if the difference between the number of votes cast for a winning candidate and the number of votes cast for a losing candidate is two percent or less of the total votes cast for all the candidates for an office, divided by the number of persons to be elected, that losing candidate shall have the right to have the votes for that office recounted.
2. In an election for State Representative, if the difference between the number of votes cast for a winning candidate and the number of votes cast for a losing candidate is five percent or less of the total votes cast for all the candidates for an office, divided by the number of persons to be elected, that losing candidate shall have the right to have the votes for that office recounted.
In the case of a recount for a local election, the threshold and procedures for conducting the recount shall be as provided in chapter 55, subchapter 3 of this title.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 89; 2009, No. 98 (Adj. Sess.), § 2, eff. May 10, 2010; 2013, No. 161 (Adj. Sess.), § 42; 2017, No. 50 , § 1; 2019, No. 67 , § 16.

History

Amendments--2019. Subdiv. (a)(1): Inserted "federal office," following "election for".

Amendments--2017. Section amended generally.

Amendments--2013 (Adj. Sess.). Added the subsec. (a) designation and in that subsec. inserted "divided by the number of persons to be elected," following "candidates for an office," and redesignated the former second sentence of the section as present subsec. (b).

Amendments--2009 (Adj. Sess.) Added the first sentence, and added "In an election for all other offices" preceding "if the difference between" in the second sentence.

Amendments--1979 (Adj. Sess.). Section amended generally.

ANNOTATIONS

Cited. Kennedy v. Chittenden, 142 Vt. 397, 457 A.2d 626 (1983).

§ 2602. Petitions for recounts; setting date of recount.

[Repealed.]
In the case of recounts described in subsection 2601(a) of this subchapter, the following procedure shall apply.
1. A petition for a recount shall be filed within seven calendar days after the election.
2. The petition shall be filed with:
  1. the Civil Division of the Superior Court, Washington County, in the case of candidates for State or congressional office, or for a presidential election; or
  2. the Superior Court in any county in which votes were cast for the office to be recounted, in the case of any other office.
3. The petition shall be supported, if possible, by a certified copy of the certificate of election prepared by the canvassing committee, verifying the total number of votes cast and the number of votes cast for each candidate.
1. The Superior Court shall: (c) (1) The Superior Court shall:
  1. set the date of the recount to be:
    1. five business days after the court receives the petition, in the case of a primary recount; or
    2. 10 business days after the court receives the petition, in the case of a general election recount; and
  2. notify all candidates of the recount date no later than the next business day after the petition is received.
2. 1. The Superior Court shall forward a copy of the petition to the county clerk. (2) (A) The Superior Court shall forward a copy of the petition to the county clerk.
  2. The court shall order the town clerk or clerks having custody of the ballots to be recounted or their designees to transport the ballots and a copy of the entrance checklist from the election to be recounted to the county clerks of their respective counties before the day set for the recount.
  3. The county clerk shall store all ballots, still in their sealed containers, in his or her vault until the day of the recount.
-(i) [Repealed.]
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), §§ 90-93; 1985, No. 148 (Adj. Sess.), §§ 3, 4; 1985, No. 196 (Adj. Sess.), § 16; 1989, No. 211 (Adj. Sess.), § 5; 2007, No. 54 , § 13; 2009, No. 154 (Adj. Sess.), § 140; 2013, No. 161 (Adj. Sess.), § 42; 2017, No. 50 , § 1.

History

Revision note. Substituted "subsection (a) of this section" for "subsection (a)" in the first sentence of subsec. (b) to conform reference to V.S.A. style.

Amendments--2017. Section heading: Added "; setting date of recount" following "recounts".

Subsecs. (a) and (i): Repealed.

Subsecs. (b) and (c): Amended generally.

Amendments--2013 (Adj. Sess.). Section heading: Substituted "Petitions" for "Procedure" at the beginning.

Subsec. (b): Substituted "seven calendar days" for "10 days" following "recount shall be filed within".

Subdiv. (c)(1): Rewrote the subdiv.

Subdiv. (c)(2): Added the first sentence, substituted "or their designees to" for "to appoint two election officials who are not members of the same political party who shall" following "ballots to be recounted" in the present second sentence, and deleted the former third sentence.

Amendments--2009 (Adj. Sess.) Subsec. (b): Inserted "civil division of" preceding "the superior" in the third sentence.

Amendments--2007. Subsec. (c): Substituted "appoint two election officials who are not members of the same political party" for "surrender them to the state police" following "be recounted to" in the second sentence, and deleted the last sentence.

Amendments--1989 (Adj. Sess.). Subsec. (c): Substituted "state police" for "sheriffs of the respective counties" preceding "who shall transport" in the second sentence.

Amendments--1985 (Adj. Sess.). Act No. 148 added present subsec. (a), redesignated former subsec. (a) as present subsec. (b) and added the first sentence of that subsection, redesignated former subsec. (b) as present subsec. (c), and repealed subsecs. (d)-(h).

Act No. 196 added subsec. (i).

Amendments--1979 (Adj. Sess.). Subsec. (b): Substituted "surrender them to the sheriffs of the respective counties, who shall transport them" for "deliver them" following "recounted to" in the second sentence.

Subsec. (f): Amended generally.

Subsec. (g): Added.

Subsec. (h): Added.

ANNOTATIONS

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 1361 of this title.

Cited. Kennedy v. Chittenden, 142 Vt. 397, 457 A.2d 626 (1983).

§ 2602a. Appointment of recount committee.

1. Upon receipt of a petition, the county clerk shall notify all candidates for the office that is the subject of the recount, advising them to each submit immediately a list of a minimum of 10 nominees for individuals to serve on a recount committee. (a) (1) Upon receipt of a petition, the county clerk shall notify all candidates for the office that is the subject of the recount, advising them to each submit immediately a list of a minimum of 10 nominees for individuals to serve on a recount committee.
2. 1. If a list of nominees is not delivered to the county clerk within two business days, the clerk shall notify the appropriate candidates that they have 24 hours to submit lists of nominees for individuals to serve on the recount committee. (2) (A) If a list of nominees is not delivered to the county clerk within two business days, the clerk shall notify the appropriate candidates that they have 24 hours to submit lists of nominees for individuals to serve on the recount committee.
  2. If the petitioning candidate fails to submit a complete list of nominees by this deadline, the recount shall not move forward.
  3. If any other candidate fails to submit a complete list of nominees, the county clerk shall request additional nominees from the other candidates.
1. The Superior Court shall make a minimum of 12 appointments to the recount committee from among those nominated under this section, with the number of appointments based on the number of votes to be recounted and a goal of completing the recount within one day. (b) (1) The Superior Court shall make a minimum of 12 appointments to the recount committee from among those nominated under this section, with the number of appointments based on the number of votes to be recounted and a goal of completing the recount within one day.
2. In making these appointments, the court shall appoint an equal number of persons representing each candidate, to the extent practicable.
  Added 1985, No. 148 (Adj. Sess.), § 5; amended 2009, No. 40 , § 3, eff. May 26, 2009; 2013, No. 161 (Adj. Sess.), § 42; 2017, No. 50 , § 1.

History

2014. In subdiv. (a)(4), substituted "request him or her" for "requested" to correct a grammatical error in accordance with the amendment made to that subdivision in the 2013 Adjourned Session.

Amendments--2017. Section amended generally.

Amendments--2013 (Adj. Sess.). Section heading: Inserted "setting date of recount" at end.

Subdiv. (a)(1): Inserted "county" preceding "clerk" and substituted "chairs" for "chairpersons" following "shall notify the".

Subdivs. (a)(2) and (a)(3): Inserted "county" preceding "clerk".

Subdiv. (a)(4): Substituted "the county clerk shall send that candidate" for "that candidate will be sent" preceding "a copy of the notice".

Subdiv. (a)(5): Substituted "county clerk within two business days, the clerk" for "clerk with due speed, the clerk, before the judge sets the date for the recount," following "is not delivered to the".

Subsec. (b): Substituted "make" for "set an early date for the recount, making" preceding "appointments" in the first sentence, and deleted the former third and fourth sentences.

Amendments--2009. Subsec. (b): Substituted "appoint two election officials who are not members of the same political party" for "to surrender them to the state police" following "recounted".

§ 2602b. Assignment of duties; recount materials.

1. The county clerk, with the support of the Secretary of State, shall supervise the recount and shall recruit town clerks or their designees to serve as impartial assistants to the county clerk for operating the vote tabulators and shall consult with the Secretary of State to identify any vote tabulators to be used. (a) (1) The county clerk, with the support of the Secretary of State, shall supervise the recount and shall recruit town clerks or their designees to serve as impartial assistants to the county clerk for operating the vote tabulators and shall consult with the Secretary of State to identify any vote tabulators to be used.
2. The county clerk may appoint a sufficient number of additional impartial assistants to perform tasks that have not been assigned to recount committee members.
3. On each day of the recount, the town clerk of any town subject to the recount shall be available to the county clerk in person or by telephone to answer any questions the county clerk may have regarding that town's election.
1. The county clerk shall assign committee members to the following teams: (b) (1) The county clerk shall assign committee members to the following teams:
  1. counting teams comprising at least four persons each, consisting of an equal number of persons representing each candidate, to the extent possible;
  2. one vote tabulator team, comprising two persons, each of whom represents a different candidate; and
  3. one clerk observer team, comprising two persons, one of whom is from the list of the petitioning candidate and one of whom, if possible, is from the list of the winning candidate who received the lowest number of votes.
2. Any additional team members shall remain unassigned and shall be used as necessary on the day of the recount.
The Secretary of State shall provide to the recount committee:
1. fresh seals, manila tags, tally sheets, summary sheets for each town, and other material deemed appropriate by the Secretary of State; and
2. the official return of votes for each town subject to the recount.
  Added 1985, No. 148 (Adj. Sess.), § 5; amended 2013, No. 161 (Adj. Sess.), § 42; 2015, No. 30 , § 20, eff. May 26, 2015; 2017, No. 50 , § 1.

History

Amendments--2017. Section amended generally.

Amendments--2015. Subsec. (a): Added the subdiv. (1) designation and ", and shall consult with the Secretary of State to identify any vote tabulators to be used" following "tabulators" in the second sentence of that subdiv. and added the subdiv. (2) designation.

Subsec. (b): Substituted "subchapter" for "section" preceding "for that team" in the last sentence.

Amendments--2013 (Adj. Sess.). Subsec. (a): Added the second sentence.

§ 2602c. Preparation for recount; general rules.

Recount area; preserving order.
1. 1. The county clerk shall designate an area within which the recount shall take place. (1) (A) The county clerk shall designate an area within which the recount shall take place.
  2. Persons who are not committee members or who have not been designated as impartial assistants by the county clerk shall be permitted to view the recount in progress, but shall not be permitted within the recount area.
2. The county clerk shall preserve order. If a person, after notice, is persistently disorderly and refuses to withdraw from the premises, the county clerk may cause the person to be removed from the premises.
Preliminary requirements. Before the recount begins and any containers are opened:
1. Explaining procedures. The county clerk shall explain the recount procedures that are to be followed and shall answer questions relating to such procedures.
2. Blank ballots; vote tabulator test.
  1. The county clerk shall obtain blank ballots from the town clerks of the towns subject to the recount. These blank ballots shall be used as test ballots to perform the vote tabulator test described in this subdivision (2).
  2. 1. The vote tabulator team shall perform a test of the vote tabulators that will be used by marking and feeding into each tabulator a minimum of 10 test ballots. The test ballots shall be marked with various votes for each candidate for the office subject to the recount. (B) (i) The vote tabulator team shall perform a test of the vote tabulators that will be used by marking and feeding into each tabulator a minimum of 10 test ballots. The test ballots shall be marked with various votes for each candidate for the office subject to the recount.
    2. If more than one memory card is to be used, such a test shall be performed for each memory card.
  3. If a vote tabulator does not tabulate these votes accurately, it shall not be used.
  4. Once the test is completed, these ballots and the tabulator tape containing the results of the test shall be sealed in an envelope that shall be dated and marked "TEST BALLOTS - DO NOT COUNT." This envelope shall then be kept separate from the rest of the containers.
Tables. Each team shall have a separate table and the county clerk shall have a separate table, and all of these tables shall be spaced apart.
Separating containers, polling places, and towns. Each recount team shall:
1. recount the contents of one container before opening another container at its table;
2. recount the contents of all the containers relating to one polling place before moving to those of another polling place; and
3. complete the recount for one town before moving to material relating to another town.
Recording containers. For each town, the number of containers shall be counted and recorded on the summary sheet for that town.
Inspecting containers and seals.
1. Containers. Before opening, each container shall be inspected, and if no tag is present, replacement manila tags shall be affixed, specifying date of election and name of town and polling place.
2. Seals.
  1. Each seal shall be inspected to see if it is intact, and the county clerk shall attach to any container with a defective seal a tag stating that the seal was defective and containing the information that was contained on the defective seal.
  2. If a seal number does not match the seal number reported by the town clerk on the official return of votes, the county clerk shall contact the town clerk to request an explanation for that difference. The county clerk shall record any explanation on the summary sheet for that town.
Uncounted containers. Uncounted containers shall be kept in one part of the room and moved to the other side as they are counted.
Checklist container. If there is more than one container from a polling place, the county clerk shall open first the container that is identified as containing the checklist, if applicable.
Opening containers. The county clerk shall empty the contents of each container onto his or her table in the presence of the clerk observer team.
Materials not to be distributed. The county clerk shall ensure that teams are not given, and the teams shall not count:
1. ballots marked defective or contained in a defective ballot envelope;
2. unused ballots that were not distributed to voters; or
3. ballots returned by voters who requested replacement ballots, or ballots contained in a replaced ballot envelope.
Recording defective ballots. In the presence of the clerk observer team, the county clerk shall mark the number of defective ballots from the official return of votes for each town on the summary sheet for that town.
Added 1985, No. 148 (Adj. Sess.), § 5; amended 2001, No. 6 , § 12(a), eff. April 10, 2001; 2013, No. 161 (Adj. Sess.), § 42; 2017, No. 50 , § 1.

History

Amendments--2017. Section amended generally.

Amendments--2013 (Adj. Sess.). Subsec. (a): Added the second sentence.

Subsec. (b): Substituted "Each recount team" for "The recount teams established" at the beginning and "opening another container at its table" for "another container is opened" following "one container before".

Subsec. (d): Inserted "county" preceding "clerk".

Subsec. (f): Inserted "county" preceding "clerk" in three places.

Amendments--2001. Subsec. (f): Inserted "early or" preceding "absentee ballots" in the third sentence.

§ 2602d. Review of official return of votes; examination of checklist.

1. The county clerk shall review the official return of votes for each town, record on the summary sheet for each town the number of ballots counted and the number of voters checked off the checklist on the town's return, and if those two numbers are the same, the checklist for that town shall not be examined. (a) (1) The county clerk shall review the official return of votes for each town, record on the summary sheet for each town the number of ballots counted and the number of voters checked off the checklist on the town's return, and if those two numbers are the same, the checklist for that town shall not be examined.
2. If those two numbers for a town are not the same, the checklist may be examined in accordance with the following provisions of this section, if requested by one of the candidates subject to the recount.
The checklist from the first container shall be assigned to a team. Two persons who represent different candidates, each acting independently, shall examine the checklist and determine how many voters voted at the polling place, repeating the process until they agree on a number or until they agree to disagree on a number.
Then the checklist shall be examined by the remaining members of the team, repeating the process until they agree on a number or they agree to disagree on the number.
The results obtained from the two subgroups will be compared and if they do not match, the process shall be repeated until there is agreement among all the members of the team or until team members agree to disagree.
The number finally determined by a majority of team members shall be submitted to the county clerk in the presence of the clerk observer team, together with an indication of the nature and extent of any disagreement.
The county clerk shall note on the summary sheet for the town the number finally determined, together with a note indicating that the number of people appearing as having voted on the checklist was subject to dispute, if one or more team members did not agree with the number submitted.
Added 1985, No. 148 (Adj. Sess.), § 5; amended 2013, No. 161 (Adj. Sess.), § 42; 2017, No. 50 , § 1.

History

Amendments--2017. Section amended generally.

Amendments--2013 (Adj. Sess.). Subsec. (d): Inserted "county" preceding "clerk" twice.

§ 2602e. Sorting ballots; ballot review; recount of removed ballots by hand.

Sorting ballots.
1. While the checklist is being examined, if applicable under section 2602d of this subchapter, after emptying a container onto his or her table, the county clerk shall separate ballots from the container into a number of batches equal to the number of counting teams, with each batch being of approximately equal size.
2. Each counting team shall take a batch of ballots from the county clerk's table to the counting team's table.
3. Two persons who represent different candidates on a counting team shall sort that batch into stacks of 50 ballots, and the remaining members of the team shall recount each stack to ensure that there are 50 ballots in it.
4. 1. The counting teams shall combine any ballots not placed into a stack of 50, and one of those counting teams shall separate those combined ballots into stacks of 50 and recount them in accordance with subdivision (3) of this subsection. (4) (A) The counting teams shall combine any ballots not placed into a stack of 50, and one of those counting teams shall separate those combined ballots into stacks of 50 and recount them in accordance with subdivision (3) of this subsection.
  2. For any final stack that contains fewer than 50 ballots, the county clerk shall affix to the top of that stack a note indicating how many ballots are contained in it.
Ballot review and removal.
1. 1. For each stack, a counting team shall review each ballot within the stack and remove from that stack each ballot upon which, for the office in question, the voter recorded his or her vote or votes in that race in any manner other than completely filling in the oval to the right of a preprinted candidate's name. (1) (A) For each stack, a counting team shall review each ballot within the stack and remove from that stack each ballot upon which, for the office in question, the voter recorded his or her vote or votes in that race in any manner other than completely filling in the oval to the right of a preprinted candidate's name.
  2. Each counting team shall also remove any plain paper or damaged ballots.
2. A ballot shall be removed only if at least two members of the counting team agree to its removal.
3. A ballot without markings for the office in question shall not be removed.
4. A ballot that is not removed upon this first review shall not be reviewed again.
Delivery of remaining ballots.
1. Each counting team shall then attach to that stack a note indicating the number of ballots remaining in the stack.
2. The county clerk shall deliver those remaining ballots to the vote tabulator team.
Hand count of removed ballots; questionable votes.
1. Each counting team shall then separate the removed ballots into stacks of 50 in accordance with the process set forth in subdivision (a)(3) of this section.
2. The counting team shall then hand count the votes for the office in question on the removed ballots, and mark the results on a tally sheet for each stack of 50 removed ballots and any remaining stack with less than 50.
3. 1. This hand count shall be in accordance with the rules for counting ballots set forth in section 2587 of this chapter, except that if two persons on the counting team do not agree on how to count a vote, the ballot shall be set aside as containing a questionable vote. (3) (A) This hand count shall be in accordance with the rules for counting ballots set forth in section 2587 of this chapter, except that if two persons on the counting team do not agree on how to count a vote, the ballot shall be set aside as containing a questionable vote.
  2. 1. For any questionable vote, a copy of the ballot shall be made, and this copy shall be clearly marked on its face, identifying it as a copy. Once the recount of a container is completed, any such copies shall be placed on the top of the other ballots and shall remain together with the other ballots. (B) (i) For any questionable vote, a copy of the ballot shall be made, and this copy shall be clearly marked on its face, identifying it as a copy. Once the recount of a container is completed, any such copies shall be placed on the top of the other ballots and shall remain together with the other ballots.
    2. Each original ballot with a questionable vote shall be attached to a note that identifies it by town, county, polling place, and container seal number. The originals of these ballots with questionable votes shall be clipped to the summary sheet for that town, along with a copy of the official return of votes, and submitted to the court for a final decision.
    3. The county clerk shall record the number of ballots containing questionable votes to be submitted to the court on the summary sheet for the town.
  3. At the end of the hand count for a container, two persons from each counting team who represent different candidates shall deliver any tally sheets from their table to the county clerk in the presence of the clerk observer team.
  4. The county clerk, in the presence of the clerk observer team, shall record the totals from each tally sheet onto the summary sheet for the town.
This process shall be completed for as many containers as there are for each town.
Added 2017, No. 50 , § 1.

History

Former § 2602e. Former § 2602e, relating to sorting of ballots, was derived from 1985, No. 148 (Adj. Sess.), § 5 and amended by 2013, No. 161 (Adj. Sess.), § 42. This section was previously repealed by 2015, No. 30 , § 21, eff. May 26, 2015.

§ 2602f. Recount of remaining ballots by vote tabulator.

The vote tabulator team shall operate any vote tabulator used in the recount, with the assistance of the recruited town clerks or designees.
The vote tabulator memory card or cards shall be programmed to read only the votes for the election that is the subject of the recount.
1. At the same time as any removed ballots are being hand counted, the vote tabulator team shall take any ballots from each container delivered to them and feed them through a vote tabulator. (c) (1) At the same time as any removed ballots are being hand counted, the vote tabulator team shall take any ballots from each container delivered to them and feed them through a vote tabulator.
2. The vote tabulator team shall attempt to feed ballots into the vote tabulator in the same direction.
3. 1. If the tabulator refuses a ballot, the vote tabulator team shall announce that occurrence and whether the ballot was counted, and may override that refusal. (3) (A) If the tabulator refuses a ballot, the vote tabulator team shall announce that occurrence and whether the ballot was counted, and may override that refusal.
  2. If the tabulator continues to refuse the ballot, the vote tabulator team shall announce that occurrence and return it to a counting team for hand counting.
4. This process shall be used until all ballots from a container have been tabulated by a vote tabulator or otherwise returned to a counting team for hand counting.
1. This process shall be repeated until all ballots from a town have been fed through a vote tabulator. (d) (1) This process shall be repeated until all ballots from a town have been fed through a vote tabulator.
2. If there is more than one container for a town, the tabulator tape shall not be printed until ballots from all containers for that town have been tabulated.
1. After all ballots from a town have been tabulated by a vote tabulator, the vote tabulator team shall print the tabulator tape containing the unofficial results for that town, and deliver that tabulator tape to the county clerk in the presence of the clerk observer team. (e) (1) After all ballots from a town have been tabulated by a vote tabulator, the vote tabulator team shall print the tabulator tape containing the unofficial results for that town, and deliver that tabulator tape to the county clerk in the presence of the clerk observer team.
2. The county clerk shall then record the totals from the tabulator tape onto the summary sheet for the town in the same manner that he or she recorded the individual tally sheet totals from the hand-counted ballots.
  Added 1985, No. 148 (Adj. Sess.), § 5; amended 2013, No. 161 (Adj. Sess.), § 42; 2015, No. 30 , § 22, eff. May 26, 2015; 2017, No. 50 , § 1.

History

Amendments--2017. Section amended generally.

Amendments--2015. Subdiv. (a)(1): Substituted "container" for "pile" preceding "shall be fed" in the first sentence.

Amendments--2013 (Adj. Sess.). Section heading: Substituted "Recount by vote tabulator" for "First tally".

Subdiv. (a)(1): Rewrote the subdivision.

Subdivs. (a)(2) and (a)(3): Added.

Subsec. (b): Added the first, second, third, and fourth sentences.

Subsec. (d): Inserted comma following "ballot".

Subsec. (f): Inserted "on ballots not able to be read by the vote tabulator" following "votes for a candidate", and substituted "its recount" for "the first recount" at the end.

§ 2602g. Repealed. 2013, No. 161 (Adj. Sess.), § 43.

History

Former § 2602g. Former § 2602g, relating to second tally of votes, was derived from 1985, No. 148 (Adj. Sess.), § 5.

§ 2602h. Completing the tally.

The county clerk shall return all ballots to their container, seal the container, record the seal number on the summary sheet, and write "recounted" and specify the date of the recount on the tag.
In the presence of the clerk observer team, the county clerk shall add together the hand count and vote tabulator totals for each town, as recorded on the tally sheets and vote tabulator tape submitted to him or her, record those totals on the summary sheet for that town, and affix his or her seal to that summary sheet.
1. The county clerk shall compare the number of ballots recounted for that town with the number of ballots counted at the town as reported on the official return of votes, and with the number of voters who voted at that town according to the checklist examination, as applicable under section 2602d of this subchapter and recorded by the county clerk on the summary sheet in accordance with that section. (c) (1) The county clerk shall compare the number of ballots recounted for that town with the number of ballots counted at the town as reported on the official return of votes, and with the number of voters who voted at that town according to the checklist examination, as applicable under section 2602d of this subchapter and recorded by the county clerk on the summary sheet in accordance with that section.
2. If these numbers differ, the county clerk shall note the amount of the difference on the summary sheets for that town.
If there is more than one town subject to the recount:
1. this process shall be repeated for each town; and
2. once all towns have been recounted, the county clerk shall add together the totals from each town and record the total for all towns on a master summary sheet and affix his or her seal to that sheet.
The county clerk shall send the summary sheets for all towns together with any master summary sheet, the ballots marked defective or contained in a defective ballot envelope, and any original ballots containing questionable votes to the court and obtain a receipt for that delivery.
Added 1985, No. 148 (Adj. Sess.), § 5; amended 2013, No. 161 (Adj. Sess.), § 42; 2017, No. 50 , § 1.

History

Amendments--2017. Section amended generally.

Amendments--2013 (Adj. Sess.). Subsecs. (a), (b), and (d): Inserted "county" preceding "clerk".

§ 2602i. Costs.

Recount committee members and assistants designated by the county clerk shall be paid by the State at the same per diem and mileage rates and according to the same procedures by which jurors are paid.
1. These and other necessary expenses, as approved by the court, shall be paid by the State through the Court Administrator's Office. (b) (1) These and other necessary expenses, as approved by the court, shall be paid by the State through the Court Administrator's Office.
2. The Secretary of State shall bear the costs of recounts conducted under this subchapter and shall reimburse the Court Administrator's Office.
  Added 1985, No. 148 (Adj. Sess.), § 5; amended 2013, No. 161 (Adj. Sess.), § 42; 2017, No. 50 , § 1.

History

Amendments--2017. Added the subsec. designations and in subdiv. (b)(2), inserted "bear the costs of recounts conducted under this subchapter and shall" following "Secretary of State shall".

Amendments--2013 (Adj. Sess.). Inserted "county" preceding "clerk".

§ 2602j. Court hearing and judgment.

, (b) [Repealed.]
(c) Candidates and their attorneys shall be given the opportunity to present evidence to the court relating to the conduct of the recount, how to count questionable votes, and the marking of any ballot as defective in accordance with section 2547 or subsection 2587(d) of this title.

(d) On the day of the hearing, the town clerk of any town subject to the recount shall be available in person or by telephone to answer any questions regarding the town's election.

(e) If the court determines that any violations of recount procedures have occurred and that they may have affected the outcome of the recount, a new recount shall be ordered.

(f) After such hearings or arguments as may be indicated under the circumstances and after it has made a final decision on any questionable votes or defective ballots, the Superior Court, within five working days, shall:
1. issue a judgment, which shall supersede any certificate of election previously issued;
2. send a certified copy of the judgment to the Secretary of State; and
3. return to the county clerk any ballots containing questionable votes and defective ballots that had been forwarded to the court.
  Added 1985, No. 148 (Adj. Sess.), § 5; amended 2013, No. 161 (Adj. Sess.), § 42; 2017, No. 50 , § 1.

History

Amendments--2017. Section amended generally.

Amendments--2013 (Adj. Sess.). Subsecs. (a) and (b): Inserted "county" preceding "clerk" throughout.

§ 2602k. Recount ties.

1. If a recount of a primary election results in a tie, the provisions of subsection 2369(b) of this title shall apply. (a) (1) If a recount of a primary election results in a tie, the provisions of subsection 2369(b) of this title shall apply.
2. If a recount of a public question results in a tie, a runoff election shall not be held, and the question shall be certified not to have passed.
3. If a recount of a general election results in a tie, the provisions of this section shall apply, and the court shall order a runoff election to be held, within three weeks of the recount, on a date set by the court.
The only candidates who shall appear on the ballot at the runoff election shall be those who tied in the previous election.
The runoff election shall be considered a separate election for the purpose of voter registration under chapter 43 of this title.
[Repealed.]
Warnings for a runoff election shall be posted as required by subchapter 5 of this chapter, except that the warnings shall be posted not less than 10 days before the runoff election.
The conduct of a runoff election shall be as provided in this chapter for general elections.
Added 1985, No. 148 (Adj. Sess.), § 5; amended 2013, No. 161 (Adj. Sess.), § 42; 2017, No. 50 , § 1; 2019, No. 67 , § 17.

History

Amendments--2019. Subsec. (a): Amended generally.

Subsec. (d): Repealed.

Amendments--2017. Section amended generally.

Amendments--2013 (Adj. Sess.). Subsec. (b): Substituted "The respective town clerks or their designees" for "The state police" at the beginning of the third sentence.

§ 2602 l. Repealed. 2013, No. 161 (Adj. Sess.), § 43.

History

Former § 2602l. Former § 2602l, relating to recounts using voting machines, was derived from 1985, No. 148 (Adj. Sess.), § 5 and amended by 2003, No. 59 , § 41 and 2009, No. 40 , § 4.

§ 2602m. Storage and return of election materials.

1. After the recount, the county clerk shall store the sealed containers and any other recount materials in the county clerk's vault until returned to the towns. (a) (1) After the recount, the county clerk shall store the sealed containers and any other recount materials in the county clerk's vault until returned to the towns.
2. The county clerk shall release all containers to the respective town clerks after issuance of the court's judgment, together with a copy of the judgment.
3. The respective town clerks or their designees shall transport the containers to the towns from which they came.
Upon receiving from the court any ballots containing questionable votes and defective ballots, the county clerk shall keep them in a sealed container for a period of two years.
Added 2017, No. 50 , § 1.

§ 2603. Contest of elections.

The result of an election for any office, other than for the General Assembly, or public question may be contested by any legal voter entitled to vote on the office or public question to be contested.
A contest is initiated by filing a complaint with a Superior Court alleging:
1. that errors were committed in the conduct of the election or in count or return of votes, sufficient to change the ultimate result;
2. that there was fraud in the electoral process, sufficient to change the ultimate result; or
3. that for any other reason, the result of the election is not valid.
The complaint shall be filed within 15 days after the election in question, or if there is a recount, within 10 days after the court issues its judgment on the recount. In the case of candidates for State or congressional office, for a presidential election, or for a statewide public question, the complaint shall be filed with the Civil Division of the Superior Court, Washington County. In the case of any other candidate or public question, the complaint shall be filed with the Superior Court in any county in which votes were cast for the office or question being challenged.
The Vermont Rules of Civil Procedure shall apply to contests of elections, except that such cases shall be placed upon a special calendar, and hearings shall be scheduled on a priority basis, as public policy demands that such questions be resolved promptly.
After hearing, the court shall issue findings of fact and a judgment, which shall supersede any certificate of election previously issued. If the court finds just cause, the court shall grant appropriate relief, which may include ordering a recount, or ordering a new election. If during the hearing the court receives credible evidence of criminal conduct, the court shall order a transcript of all or part of the testimony to be forwarded to the proper State's Attorney. If a new election is ordered, the court shall set a date for it, after consulting with the Secretary of State; in ordering a new election, the court shall have authority to issue appropriate orders, either to provide for special cases not covered by law, or to supersede provisions of law that may conflict with the needs of the particular situation.
The court shall send a certified copy of its findings of fact and judgment to the Secretary of State.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), §§ 94, 95; 1981, No. 239 (Adj. Sess.), § 19; 1985, No. 148 (Adj. Sess.), § 6; 1985, No. 196 (Adj. Sess.), § 15; 2009, No. 154 (Adj. Sess.), § 141.

History

2018. In subsec. (e), in the second sentence, deleted ", without limitation," following "include" in accordance with 2013, No. 5 , § 4.

Amendments--2009 (Adj. Sess.) Subsec. (c): Inserted "civil division of the" preceding "superior court".

Amendments--1985 (Adj. Sess.) Subsec. (a): Act No. 148 inserted "other than for the general assembly" following "for any office".

Subsec. (g): Repealed by Act No. 196.

Amendments--1981 (Adj. Sess.). Subsec. (g): Added.

Amendments--1979 (Adj. Sess.). Subsec. (c): Substituted "the election in question, or if there is a recount, within 10 days after the court issues its judgment on the recount" for "a primary or any other election" following "15 days after" in the first sentence.

Subsec. (f): Added.

ANNOTATIONS

Analysis

1. Prior law.
2. Constitutionality.

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 512 of this title.

2. Constitutionality.

This section and section 2617 of this title, purporting to confer general jurisdiction on the Superior Court to hear and determine matters relating to elections, insofar as they relate to elections to the House of Representatives, are an improper delegation of legislative powers to a separate branch of government, the Judicial Branch, contrary to the separation of powers doctrine set forth in Chapter II, section 5 of the Vermont Constitution. Kennedy v. Chittenden, 142 Vt. 397, 457 A.2d 626 (1983).

Since whatever result reached in a judicial adjudication contemplated under this section is subject to total revision or reversal by the exercise by the General Assembly of its acknowledged power over its own members as provided in Chapter II, section 14 of the Vermont Constitution, such power of revision, whether exercised or not, represents an intrusion prohibited by the doctrine of separation of powers and runs contrary to the precept that the exercise of judicial authority must lead to a final enforceable result and not be merely informative or advisory. Kennedy v. Chittenden, 142 Vt. 397, 457 A.2d 626 (1983).

An election contest initiated in Superior Court had no support in law, and the Superior Court was without jurisdiction to hear and determine the cause as stated in the complaint, inasmuch as this section and section 2617 of this title, purporting to confer general jurisdiction in election matters on the Superior Court, insofar as they related to elections to the House of Representatives, were violative of the constitutional doctrine of separation of powers since they improperly delegated legislative powers to the Judicial Branch in providing for a judicial determination as to the qualifications of electors and since the judicial adjudication contemplated under these sections was subject to revision or reversal by the General Assembly. Kennedy v. Chittenden, 142 Vt. 397, 457 A.2d 626 (1983).

Cited. Cota v. Town School District of Starksboro, 144 Vt. 633, 481 A.2d 1267 (1984); Putter v. Montpelier Public School System, 166 Vt. 463, 697 A.2d 354 (1997).

§ 2604. Repealed. 1985, No. 148 (Adj. Sess.), § 7.

History

Former § 2604. Former § 2604, relating to nonabridgment of the State Constitution, was derived from 1977, No. 269 (Adj. Sess.), § 1.

§ 2605. House of Representatives.

A candidate for the office of Representative to the General Assembly in the general election, or any elected town officer in the representative district, or any 25 voters in the representative district may request the House of Representatives to exercise its constitutional authority to judge the elections and qualifications of its own members, by filing a written request with the Secretary of State specifying the candidate or candidates whose election is being challenged. The request must be filed not later than the latest of the following:
1. 20 days after the date of the election; or
2. 10 days after a final court judgment, if there is a recount under section 2602 of this title.
1. The Secretary of State shall notify the Attorney General, who shall investigate the facts, take such depositions as may be necessary, prepare an opinion on the law and facts, and send his or her report and opinion to the Clerk of the House at least 10 days before the General Assembly convenes. (b) (1) The Secretary of State shall notify the Attorney General, who shall investigate the facts, take such depositions as may be necessary, prepare an opinion on the law and facts, and send his or her report and opinion to the Clerk of the House at least 10 days before the General Assembly convenes.
2. If the Attorney General needs additional time to conduct the investigation or prepare the report and opinion required by this subsection, he or she shall alert the Clerk of the House of that need and the date by which he or she plans to submit the report and opinion.
  Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 96; 2017, No. 50 , § 47.

History

Amendments--2017. Subsec. (a): Deleted "of" following "authority to judge" in the first sentence and substituted "not" for "no" in the last sentence.

Subdiv. (a)(1): Added "or" at the end.

Subdiv. (a)(2): Deleted "; or" from the end.

Subdiv. (a)(3): Deleted.

Subsec. (b): Amended generally.

Amendments--1979 (Adj. Sess.). Subsec. (a): Deleted "not later than 10 days after the date of the election" following "with the secretary of state" in the first sentence and added the second sentence.

§ 2606. Senate.

A candidate for the office of State Senator in the general election or any 100 voters in the senatorial district may request the Senate to exercise its constitutional authority to judge the elections and qualifications of its own members by filing a written request with the Secretary of State specifying the candidate or candidates whose election is being challenged. The request must be filed not later than the latest of the following:
1. 20 days after the date of the election; or
2. 10 days after a final court judgment, if there is a recount under section 2602 of this title.
1. The Secretary of State shall notify the Attorney General, who shall investigate the facts, take such depositions as may be necessary, prepare an opinion on the law and facts, and send his or her report and opinion to the Secretary of the Senate at least 10 days before the General Assembly convenes. (b) (1) The Secretary of State shall notify the Attorney General, who shall investigate the facts, take such depositions as may be necessary, prepare an opinion on the law and facts, and send his or her report and opinion to the Secretary of the Senate at least 10 days before the General Assembly convenes.
2. If the Attorney General needs additional time to conduct the investigation or prepare the report and opinion required by this subsection, he or she shall alert the Secretary of the Senate of that need and the date by which he or she plans to submit the report and opinion.
  Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 97; 2017, No. 50 , § 48.

History

Amendments--2017. Subsec. (a): Deleted "of" following "authority to judge" in the first sentence and substituted "not" for "no" in the last sentence.

Subdiv. (a)(1): Added "or" at the end.

Subdiv. (a)(2): Deleted "; or" from the end.

Subdiv. (a)(3): Deleted.

Subsec. (b): Amended generally.

§ 2607. Canvassing committee.

The canvassing committee for State and national offices shall meet at 10:00 a.m. one week after the day of election to certify the results of the presidential primary. The chair of each major political party shall be given a copy of the official certificate of votes for the election.

Added 1995, No. 38 , § 1.

Subchapter 10. Jurisdiction of Courts

§ 2616. Jurisdiction to prosecute criminal offenses.

The State's Attorney in any county in which all or a part of any violation of this title was committed shall have authority to prosecute such violations. The prosecution shall be conducted before the Vermont Criminal Division of the Superior Court.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 238.

History

Amendments--2009 (Adj. Sess.) Substituted "criminal division of the superior court" for "district court" in the second sentence.

§ 2617. Jurisdiction of Superior Courts.

In all cases for which no other provision has been made, the Superior Court shall have general jurisdiction to hear and determine matters relating to elections and to fashion appropriate relief.

Added 1977, No. 269 (Adj. Sess.), § 1.

ANNOTATIONS

1. Constitutionality.

Section 2603 of this title, governing contest of elections, and this section, purporting to confer general jurisdiction on the Superior Court to hear and determine matters relating to elections, insofar as they relate to elections to the House of Representatives, are an improper delegation of legislative powers to a separate branch of government, the Judicial Branch, contrary to the separation of powers doctrine set forth in Chapter II, section 5 of the Vermont Constitution. Kennedy v. Chittenden, 142 Vt. 397, 457 A.2d 626 (1983).

An election contest initiated in Superior Court had no support in law, and the Superior Court was without jurisdiction to hear and determine the cause as stated in the complaint, inasmuch as section 2603 of this title providing procedures for contests of elections and this section, purporting to confer general jurisdiction in election matters on the Superior Court, insofar as they related to elections to the House of Representatives, were violative of the constitutional doctrine of separation of powers since they improperly delegated legislative powers to the Judicial Branch in providing for a judicial determination as to the qualifications of electors and since the judicial adjudication contemplated under these sections was subject to revision or reversal by the General Assembly. Kennedy v. Chittenden, 142 Vt. 397, 457 A.2d 626 (1983).

CHAPTER 53. VACANCIES

Sec.

§ 2621. Vacancy in office of U.S. Senator or Representative.

If a vacancy occurs in the office of U.S. Senator or U.S. Representative, the Governor shall call a special election to fill the vacancy. His or her proclamation shall specify a day for the special election and a day for a special primary, pursuant to section 2352 of this title.

(b) The special election shall be held not more than six months from the date the vacancy occurs, except that if the vacancy occurs within six months of a general election, the special election may be held the same day as the general election provided the ballots for the special election are able to be distributed by the deadline set forth in section 2479 of this title.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 2019, No. 67 , § 18.

History

Amendments--2019. Added subsec. designations (a) and (b), and inserted "provided the ballots for the special election are able to be distributed by the deadline set forth in section 2479 of this title" following "same day as the general election" in subsec. (b).

ANNOTATIONS

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former §§ 1501 and 1701 of this title.

Cited. , Op. Atty. Gen. 94-2F.

§ 2622. Interim appointment of U.S. Senator.

The Governor may make an interim appointment to fill a vacancy in the office of U.S. Senator, pending the filling of the vacancy by special election.

Added 1977, No. 269 (Adj. Sess.), § 1.

ANNOTATIONS

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 1502 of this title.

Cited. , Op. Atty. Gen. 94-2F.

§ 2623. Vacancies in offices within this State.

In the event of a vacancy in any State, county, or legislative office, the Governor may request the political party or parties of the person whose death or resignation created the vacancy to submit one or more recommendations as to a successor. The proper committee to which a request for recommendation shall be directed shall be:
1. for State officers, the State committee;
2. for county officers, except justices of the peace and Probate judges, the county committee;
3. for State Senator, the senatorial district committee;
4. for State Representative, the representative district committee;
5. for justice of the peace, the town committee;
6. for Probate judge, the probate district committee.
The Governor may appoint a qualified person to fill the vacancy for the remaining portion of the term, whether or not the appointee is recommended by the party committee.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1981, No. 239 (Adj. Sess.), § 20; 2013, No. 161 (Adj. Sess.), § 44.

History

2002. Undesignated paragraphs were designated as subsecs. (a) and (b) to conform section to V.S.A. style.

Amendments--2013 (Adj. Sess.). Subsec. (a): Inserted "or parties" following "the political party".

Amendments--1981 (Adj. Sess.). Subdiv. (2): Inserted "except justices of the peace and probate judges" following "county officers".

Subdiv. (5): Added.

Subdiv. (6): Added.

ANNOTATIONS

Cited. , Op. Atty. Gen. 94-2F.

CHAPTER 55. LOCAL ELECTIONS

SUBCHAPTER 1. SCOPE

SUBCHAPTER 2. TOWN MEETINGS AND LOCAL ELECTIONS IN GENERAL

SUBCHAPTER 3. LOCAL ELECTIONS USING THE AUSTRALIAN BALLOT SYSTEM

Cross References

Cross references. Conduct of elections generally, see chapter 51 of this title.

Filling of vacancies in county offices, see § 2623 of this title.

Presidential elections, see chapter 57 of this title.

Subchapter 1. Scope

§ 2630. Applicability.

Except as otherwise provided, and to the extent that such a construction would be reasonable, the provisions of this title shall apply to this chapter.

Added 1977, No. 269 (Adj. Sess.), § 1.

§ 2631. Municipal charters.

Unless otherwise provided by law, when the charter of a municipality provides for procedures other than those established by law, the provisions of that charter shall prevail.
Except as provided in subsection (a) of this section, all provisions of law relating to a municipality shall apply to such a municipality with a charter.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 2005, No. M-13 (Adj. Sess.), § 21; 2017, No. 99 (Adj. Sess.), § 1, eff. April 11, 2018.

History

Amendments--2017 (Adj. Sess.). Substituted "charters" for "charter" in the section heading and added the subsec. (a) designation and subsec. (b).

Amendments--2005 (Adj. Sess.). Substituted "Unless otherwise provided by law, when" for "Where" and "law" for "this chapter".

ANNOTATIONS

Cited. Town of Brattleboro v. Garfield, 180 Vt. 90, 904 A.2d 1157 (June 16, 2006).

Subchapter 2. Town Meetings and Local Elections in General

§ 2640. Annual meetings.

A meeting of the legal voters of each town shall be held annually on the first Tuesday of March for the election of officers and the transaction of other business, and it may be adjourned to another date. When a municipality fails to hold an annual meeting, a warning for a subsequent meeting shall be issued immediately, and at that meeting all the officers required by law may be elected and its business transacted.
When a town so votes, it may thereafter start its annual meeting on any of the three days immediately preceding the first Tuesday in March at such time as it elects and may transact at that time any business not involving voting by Australian ballot or voting required by law to be by ballot and to be held on the first Tuesday in March. A meeting so started shall be adjourned until the first Tuesday in March.
1. Notwithstanding section 2508 of this title, public discussion of ballot issues and all other issues appearing in the warning, other than election of candidates, shall be permitted at the annual meeting, regardless of the location of the polling place. (c) (1) Notwithstanding section 2508 of this title, public discussion of ballot issues and all other issues appearing in the warning, other than election of candidates, shall be permitted at the annual meeting, regardless of the location of the polling place.
2. Notwithstanding the provisions of subdivision (1) of this subsection, a candidate for local office nominated from the floor at the annual meeting may introduce his or her candidacy to the extent permitted by the voters at the meeting.
  Added 1977, No. 269 (Adj. Sess.), § 1; amended 1991, No. 118 (Adj. Sess.), § 1, eff. Feb. 26, 1992; 2007, No. 121 (Adj. Sess.), § 11; 2013, No. 161 (Adj. Sess.), § 45; 2017, No. 50 , § 49.

History

Amendments--2017. Subsec. (c): Added the subdiv. (1) designation and deleted "on that day" following "permitted" in that subdiv. and added subdiv. (2).

Amendments--2013 (Adj. Sess.). Subsec. (a): Substituted "When a municipality" for "When a town" at the beginning of the second sentence.

Amendments--2007 (Adj. Sess.) Subsec. (c): Substituted "Notwithstanding section 2508 of this title" for "In a town which starts its annual meeting on any day before the first Tuesday in March and which uses the Australian ballot system".

Amendments--1991 (Adj. Sess.). Subsec. (b): Substituted "on any of the three days immediately preceding the first Tuesday in March at such time as it elects" for "at 7:30 o'clock in the afternoon of the day before the first Tuesday of March" following "meeting" in the first sentence, "in" for "of" preceding "March" at the end of that sentence, and "first Tuesday in March" for "following day" following "until the" in the second sentence.

Subsec. (c): Substituted "any" for "the" following "meeting on" and deleted "preceding" following "permitted on that" at the end of the subsec.

ANNOTATIONS

Analysis

1. Construction.
2. Failure to hold meeting.
3. Powers of town meeting.
4. Mandamus.
5. Opportunity for discussion.

1. Construction.

Provision that meeting of voters shall be annually held in each town for election of officers and transaction of other business, at which meeting certain enumerated officers shall be chosen, are positive legislative commands and voters may not decide when or how often they shall hold an election. Jenney v. Alden, 79 Vt. 156, 64 A. 609 (1906). (Decided under prior law.)

2. Failure to hold meeting.

Adjournment of town meeting without electing officers or transacting the business warned amounts to "a failure to hold such meeting," within the intent of this section. Jenney v. Alden, 79 Vt. 156, 64 A. 609 (1906). (Decided under prior law.)

3. Powers of town meeting.

Town meeting does not have power to instruct listers as to their duties or to instruct them to disregard property assessments made or approved by them. Royalton Taxpayers Protective Association v. Wassmansdorf, 128 Vt. 153, 260 A.2d 203 (1969). (Decided under prior law.)

Alteration or amendment of town grand tax list properly signed and filed by the listers, and substitution of a body other than the listers to set up a basis for property valuation for tax purposes, was beyond power of town meeting and no clear right was violated when selectboard refused to warn special town meeting sought by taxpayers, so that taxpayers were not entitled to mandamus to compel selectboard to warn meeting. Royalton Taxpayers Protective Association v. Wassmansdorf, 128 Vt. 153, 260 A.2d 203 (1969). (Decided under prior law.)

4. Mandamus.

Where voters without electing any of officers or transacting any of business specified in warning, adjourned the meeting, writ of mandamus will issue, on petition of resident voter and taxpayer, directing selectboard forthwith to call special town meeting for election of officers. Jenney v. Alden, 79 Vt. 156, 64 A. 609 (1906). (Decided under prior law.)

5. Opportunity for discussion.

Where Australian ballot system, calling for voting without discussion, was used at school district meeting, and voters were warned that they were to express approval or disapproval by marking ballot, failure to provide opportunity for discussion did not affect validity of the votes. Groton v. Union School Dist. 21, 127 Vt. 142, 241 A.2d 332 (1968). (Decided under prior law.)

Plaintiff may not claim that opportunity for discussion on bond issue voted on at school district meeting was denied, where no voter sought opportunity for discussion. Groton v. Union School Dist. 21, 127 Vt. 142, 241 A.2d 332 (1968). (Decided under prior law.)

§ 2640a. Representative annual meetings.

A municipality with a population of 5,000 or greater may vote at a special or annual town meeting to establish a representative form of annual or special meeting.
1. A representative form of annual or special meeting is a meeting of members elected by district to exercise the powers vested in the voters of the town to act upon articles. However, the election of officers, public questions, and all articles to be voted upon by Australian ballot as required by law or as voted under section 2680 of this title at a prior annual or special meeting, and reconsideration of articles under section 2661 of this title shall remain vested in the voters of the town. (b) (1) A representative form of annual or special meeting is a meeting of members elected by district to exercise the powers vested in the voters of the town to act upon articles. However, the election of officers, public questions, and all articles to be voted upon by Australian ballot as required by law or as voted under section 2680 of this title at a prior annual or special meeting, and reconsideration of articles under section 2661 of this title shall remain vested in the voters of the town.
2. An organizational resolution to adopt a representative form of annual or special meeting may be made by the legislative body of the municipality or by petition of five percent of the voters of the municipality. An official copy of the organizational resolution shall be filed in the office of the clerk of the municipality at least 10 days before the annual or special meeting at which the vote whether to adopt the organizational resolution shall take place, and copies thereof shall be made available to members of the public upon request.
3. An organizational resolution shall include the following:
  1. a certain number of elected members, a range of elected members, or a ratio of elected members to the number of voters. However, in no case shall the number of elected members be less than 100;
  2. a certain number of districts and the boundaries of those districts;
  3. who shall be ex officio voting members, if any, of the meeting;
  4. the procedure for conducting the representative meeting;
  5. specific action, if any, to be taken at the representative meeting; and
  6. a procedure whereby the voters of the municipality may reconsider any action taken at a representative meeting.
The form of the question of whether to establish a representative form of annual or special meeting shall be substantially as follows: "Shall the [name of municipality] adopt the representative form of annual or special meeting as set forth in the organizational resolution?"
A vote establishing a representative form of annual or special meeting shall remain in effect until the municipality votes to discontinue or establish a new representative form of annual or special meeting at an annual or special meeting duly warned for that purpose.
Added 2009, No. 125 (Adj. Sess.), § 1.

§ 2641. Warning and notice required; publication of warnings.

The legislative body of a municipality shall warn a meeting by posting a warning and notice in at least two public places in the municipality, and in or near the town clerk's office, not less than 30 nor more than 40 days before the meeting. If a municipality has more than one polling place and the polling places are not all in the same building, the warning and notice shall be posted in at least two public places within each voting district and in or near the town clerk's office.
In addition, the warning shall be published in a newspaper of general circulation in the municipality at least five days before the meeting, unless the warning is published in the town report and distributed as provided in 24 V.S.A. § 1682 . The legislative body annually shall designate the paper in which such a warning may be published. The warning shall also be posted on the municipality's website, if the municipality actively updates its website on a regular basis.
No such warning shall be required for municipal informational meetings at which no voting is to take place.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 98; 1985, No. 196 (Adj. Sess.), § 5; 1999, No. 148 (Adj. Sess.), § 85, eff. May 24, 2000; 2013, No. 161 (Adj. Sess.), § 66.

History

Amendments--2013 (Adj. Sess.). Subsec. (a): Substituted "municipality" for "town" twice.

Subsec. (b): Substituted "and distributed as provided in 24 V.S.A. § 1682" for ", or otherwise distributed in written form to all town or city postal patrons at least 10 days before the meeting" at the end of the first sentence, and added the third sentence.

Subsec. (c): Added the designation.

Amendments--1999 (Adj. Sess.). Subsec. (b): Deleted "and the town report is mailed" following "town report", substituted "distributed in written form to all town or city postal patrons" for "distributed to the voters' in the first sentence, "which such a warning may by" for "which these warnings shall be" in the second sentence, and "No such warning shall be required for" for "This shall not apply to" in the third sentence.

Amendments--1985 (Adj. Sess.). Subsec. (b): Inserted "at least five days" following "municipality" in the first sentence.

Amendments--1979 (Adj. Sess.). Section amended generally.

ANNOTATIONS

Analysis

1. Prior law.
2. Generally.
3. Power to warn meeting.
4. Duty to warn meeting.
5. Posting of notices.

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former §§ 861 and 1142 of this title.

2. Generally.

Issuance of warning for town school district meeting is not exercise of authority and control over school matters by selectboard for the school district, but issuance of such warning acts merely to set machinery in motion for holding of meeting. Baird v. Town of Berlin, 126 Vt. 348, 231 A.2d 110 (1967). (Decided under prior law.)

School directors need not sign warning for annual town meeting. 1944-46 Op. Atty. Gen. 99. (Decided under prior law.)

3. Power to warn meeting.

Town school directors have no power to legally warn town school district meeting; such power rests solely with selectboard for school district. Baird v. Town of Berlin, 126 Vt. 348, 231 A.2d 110 (1967). (Decided under prior law.)

4. Duty to warn meeting.

Where article proposed for inclusion in warning was to see if voters of school district would direct that the annual meeting be held not later than January 20 beginning in 1970, and course of litigation was such that supreme court's decision would come at a time when a vote on the question could very likely be taken only after January 20 or so near that date that the annual meeting could not be properly warned and held, mandamus would not be granted to compel school board to warn requested meeting of school district. Whiteman v. Brown, 128 Vt. 384, 264 A.2d 793 (1970). (Decided under prior law.)

Where petition of certain voters was filed with clerk of town school district requesting that special meeting be warned for purpose of reconsidering previous vote authorizing purchase of certain land on which new school building was to be erected, selectboard for school district had no option as to whether or not they would warn the meeting requested, but were compelled by statute to give such warning. Baird v. Town of Berlin, 126 Vt. 348, 231 A.2d 110 (1967). (Decided under prior law.)

Fact that petition by voters for meeting for reconsideration of previous vote authorizing purchase of land for site of new school building was filed with clerk of school district was of no consequence, since such was technical, if not substantial, compliance with statute, the matter presented being one within purview of selectboard for school district. Baird v. Town of Berlin, 126 Vt. 348, 231 A.2d 110 (1967). (Decided under prior law.)

5. Posting of notices.

It is no objection to legality of town meeting that notices for meeting were not posted by selectboard in places where such notices had usually been posted in town, it not appearing but that they were posted in public places. Stoddard v. Gilman, 22 Vt. 568 (1850). (Decided under prior law.)

§ 2642. Warning and notice contents.

1. The warning shall include the date and time of the election, location of the polling place or places, and the nature of the meeting or election. (a) (1) The warning shall include the date and time of the election, location of the polling place or places, and the nature of the meeting or election.
2. It shall, by separate articles, specifically indicate the business to be transacted, to include the offices and the questions to be voted upon.
3. 1. The warning shall also contain any article or articles requested by a petition signed by at least five percent of the voters of the municipality and filed with the municipal clerk not less than 47 days before the day of the meeting. (3) (A) The warning shall also contain any article or articles requested by a petition signed by at least five percent of the voters of the municipality and filed with the municipal clerk not less than 47 days before the day of the meeting.
  2. The clerk receiving the petitions shall immediately proceed to examine them to ascertain whether they contain the required number of signatures of registered voters set forth in subdivision (A) of this subdivision (3). If found not to conform, he or she shall state in writing on the petition why it cannot be accepted, and within 24 hours from receipt, he or she shall return it to the petitioners. In this case, supplementary petitions may be filed not later than 48 hours after the petition was returned to the petitioners by the clerk or the filing deadline set forth in subdivision (A) of this subdivision (3), whichever is later. However, supplementary petitions shall not be accepted if petitions with signatures of different persons totaling at least the number specified in subdivision (A) of this subdivision (3) were not filed by the filing deadline.
  3. A petition submitted under this subdivision (3):
    1. may include more than one proposed article;
    2. shall contain the petition language on each page on which signatures are collected; and
    3. shall include the printed name, signature, and street address of each voter who signed the petition.
  4. A voter may withdraw his or her name from a petitioned article at any time prior to the signing of the warning by a majority of the legislative body.
The posted notice that accompanies the warning shall include information on voter registration, information on early or absentee voting where applicable, and other appropriate information.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 99; 2001, No. 6 , § 12(c), eff. April 10, 2001; 2013, No. 161 (Adj. Sess.), § 46; 2015, No. 30 , § 23, eff. May 26, 2015.

History

Amendments--2015. Subdiv. (a)(3)(A): Substituted "47 days" for "45 days".

Subdiv. (a)(3)(B): Amended generally.

Subdivs. (a)(3)(C) and (D): Added.

Amendments--2013 (Adj. Sess.). Subsec. (a): Added the subdivision designations and substituted "45 days" for "40 days" following "not less than" in subdiv. (a)(3)(A).

Subdiv. (a)(3)(B): Added.

Amendments--2001. Subsec. (b): Inserted "early or" preceding "absentee voting".

Amendments--1979 (Adj. Sess.). Section amended generally.

ANNOTATIONS

Analysis

1. School district budget.
2. Construction.
3. Construction with other laws.
4. Scope of meeting.
5. Sufficiency of statement generally.
6. Authorization for vote.
7. Mandamus in connection with warning.
8. Injunction of proposed meeting.
9. Question not previously submitted to voters.
10. Reconsideration of previous vote.
11. Authority of voters to decide.

1. School district budget.

School district budget could be established by Australian ballot only as proposed by its school board upon affirmative vote at the annual or subsequent meeting; therefore, petition signed by approximately ten percent of district's voters requesting that an article be included in the warning proposing a lower budget than that proposed by the board was for an unlawful purpose and correctly excluded from the warning. Pominville v. Addison Central Supervisory Union, 154 Vt. 299, 575 A.2d 196 (1990).

2. Construction.

If an article sought to be included in a warning does not in any way constitute business proper and appropriate for transaction at the meeting, this statute should not be construed to compel its inclusion. Whiteman v. Brown, 128 Vt. 384, 264 A.2d 793 (1970). (Decided under prior law.)

3. Construction with other laws.

Subsec. (a) of this section provides municipalities with discretion over whether to present an article to voters - even a nonbinding article included under 17 V.S.A. § 2103(27) - when it does not at all relate to municipal business or any matter falling within municipal authority. Clift v. City of South Burlington, 181 Vt. 571, 917 A.2d 483 (mem.) (January 18, 2007).

Where two statutes may apply to a single circumstance, with conflicting consequences, the general statute must yield to the special; hence, an attempt by a town under the provisions of this section to reconsider its favorable vote on joining a union high school district was, under the provisions of 16 V.S.A. § 662(a) and (d), null and void where the vote to withdraw from the district was taken less than a year after the district had become a body politic and corporate. Appelget & Elliott v. Baird, 126 Vt. 503, 236 A.2d 671 (1967). (Decided under prior law.)

Charter of City of Burlington delegates to City right to fix, by standing bylaw, time and extent of publication, and is not controlled by this section, which provides how town meetings shall be warned. Allan v. Burlington, 45 Vt. 202 (1873). (Decided under prior law.)

4. Scope of meeting.

Towns at annual March meeting, or at adjourned term of same in April, may transact any business within scope of their corporate interests, whether subject matter of business is named in warrant for meeting or not. Schoff v. Bloomfield, 8 Vt. 472 (1836). (Decided under prior law.)

5. Sufficiency of statement generally.

The warning of a municipal meeting shall set forth the business to be done and the subjects to be considered with such reasonable certainty as will notify all interested in the subject matter of the proposed vote or action and the time and place of the meeting. Brochu v. Brown, 128 Vt. 549, 268 A.2d 745 (1970). (Decided under prior law.)

To comply with requirement that warning of town meeting shall set forth "the business to be done and subjects to be considered," all that is necessary is that they shall be stated with such reasonable certainty as will indicate to all interested subject matter of proposed action by town. Walsh v. Farrington, 105 Vt. 269, 165 A. 914 (1933). (Decided under prior law.)

All that is necessary in warning for town meeting to raise money is that it should set forth, in general terms, purposes or objects for which money is to be raised, with such reasonable certainty as will notify all interested of subject matter of proposed vote or action of town, and time and place of meeting. Alger v. Curry, 40 Vt. 437 (1868), same case 38 Vt. 382. (Decided under prior law.)

6. Authorization for vote.

Under a warning to see if district will "vote to raise money to pay the district expenses," a vote to "raise money to support the school and pay the indebtedness of the district" was sufficiently definite. Adams v. Sleeper, 64 Vt. 544, 24 A. 990 (1892). (Decided under prior law.)

Warning to see if town will vote tax for purpose of paying bounty did not authorize vote to borrow money for this purpose. Atwood v. Lincoln, 44 Vt. 332 (1872). (Decided under prior law.)

Where warning was "to consider the propriety of paying bounties to such persons as may enlist" to fill an existing quota, and vote was "to pay to each volunteer to fill the required quota," vote had reference to those who should thereafter enlist. Sargent v. Ludlow, 42 Vt. 726 (1870). (Decided under prior law.)

Where warning contained following articles: "To see whether the town will vote bounties to supply the quota of the said town under the recent call of the President of the United States for 300,000 men to serve in the war. In case the town shall vote to pay such bounties, to raise and provide means for the same," and vote was: "that the selectmen be instructed to borrow a sum not exceeding $3000, for the purpose of paying $300 each to volunteers that may hereafter enlist for the war, under the recent call of the President of the United States, including the one that is understood has enlisted, payment to be made such enlisted men when mustered in to the service of the United States," there was no such difference between warning and vote as to render latter inoperative. Mudget v. Johnson, 42 Vt. 423 (1869). (Decided under prior law.)

Warning of town meeting to see if town would vote to divide school district and to make such other alterations in school districts in town as might be found necessary, was sufficiently definite to warrant vote of town to form a new district out of portion of territory of school district which was specified in vote. Weeks v. Batchelder, 41 Vt. 317 (1868). (Decided under prior law.)

Words "to ascertain whether the town would vote a tax on the grand list for the purpose of paying bounties to soldiers, and paying its indebtedness," in warning for town meeting, were sufficient on general demurrer to justify town in raising money to pay bounties to soldiers, and indebtedness of the town. Alger v. Curry, 40 Vt. 437 (1868), same case 38 Vt. 382. (Decided under prior law.)

Vote of town meeting instructing selectboard to procure recruits for town and empowering selectboard to borrow funds on five years credit for town to pay bounties to such recruits, was not warranted by a warning to see if town would raise a tax upon grand list to pay recruits, and how much and when, and to instruct selectboard in disposal of funds so raised. Blush v. Colchester, 39 Vt. 193 (1867). (Decided under prior law.)

Where warning was, "to see if the town will raise money to pay the bounty promised to soldiers," and under that article town "voted to raise fifty-five cents on the dollar of the grand list, to pay the bounty offered to soldiers," vote was sufficiently particular and definite and object specified was within powers of the town. Blodgett v. Holbrook, 39 Vt. 336 (1866). (Decided under prior law.)

Article in warning of town meeting as follows: "To see if the town will make alterations in school districts when met," was sufficient to warrant consideration by town in town meeting of any proposed changes in limits of existing school districts. Ovitt v. Chase, 37 Vt. 196 (1864). (Decided under prior law.)

Where article in warning for town meeting was to see if town would divide school district, and annex portion of it to one district and remainder to another, town could at such meeting legally set whole of district proposed to be divided to either of the other districts named in warning. Moore v. Beattie, 33 Vt. 219 (1860). (Decided under prior law.)

7. Mandamus in connection with warning.

Article to see if the voters of school district would direct school board to have an audit of all financial and related records of the district for the three preceding school years made by an accounting firm was inappropriate for inclusion in warning for special meeting as it did not deal with proper and appropriate business, therefore, Supreme Court could not issue mandamus to require school board to include the article in the warning. Whiteman v. Brown, 128 Vt. 384, 264 A.2d 793 (1970). (Decided under prior law.)

Mandamus would not be issued to compel school board to warn requested special meeting of school district where one of the two proposed articles to be warned concerned business which it was not proper for the meeting to transact and the other concerned a moot issue, thus leaving petition for meeting without any proposal of business to be transacted. Whiteman v. Brown, 128 Vt. 384, 264 A.2d 793 (1970). (Decided under prior law.)

8. Injunction of proposed meeting.

Petition alleging that previous vote authorizing school board to purchase land as site for new school building could not be reconsidered and that any subsequent town meeting, held for purpose of reconsidering such vote, would be without legal effect stated no basis for issuance of injunction enjoining the proposed meeting. Baird v. Town of Berlin, 126 Vt. 348, 231 A.2d 110 (1967). (Decided under prior law.)

9. Question not previously submitted to voters.

In action by legal voters of town school district to restrain reconsideration of vote authorizing school board to purchase land for purpose of constructing new school building thereon, finding that the vote "had never been previously submitted to the legal voters" was not inconsistent with finding that petition was filed which requested that another special school district meeting be held for purpose of reconsidering the vote. Baird v. Town of Berlin, 126 Vt. 348, 231 A.2d 110 (1967). (Decided under prior law.)

Questions voted at previous town school district meetings relating to the purchase on "site no. 2," purchase of land "under option," authorization of bond issue to buy Pike site and construct new school building thereon, and the purchase of Pike site for larger sum than that voted at June 6, 1966, meeting were substantively different than question voted on at June 6 meeting authorizing school board to purchase Pike land for purpose of constructing new school building thereon, thus permitting reconsideration of the June 6 vote under this section. Baird v. Town of Berlin, 126 Vt. 348, 231 A.2d 110 (1967). (Decided under prior law.)

10. Reconsideration of previous vote.

Where petition of certain voters was filed with clerk of town school district requesting that special meeting be warned for purpose of reconsidering previous vote authorizing purchase of certain land on which new school building was to be erected, selectboard for school district had no option as to whether or not they would warn the meeting requested, but were compelled by 16 V.S.A. § 362 to give such warning. Baird v. Town of Berlin, 126 Vt. 348, 231 A.2d 110 (1967). (Decided under prior law.)

Fact that petition by voters for meeting for reconsideration of previous vote authorizing purchase of land for site of new school building was filed with clerk of school district was of no consequence, since such was technical, if not substantial, compliance with this section, the matter presented being one within purview of selectboard for school district. Baird v. Town of Berlin, 126 Vt. 348, 231 A.2d 110 (1967). (Decided under prior law.)

Voters of town school district who desired reconsideration of previous vote on question of purchase of land for purpose of constructing new school building thereon complied with statute requiring that such petition be filed with legislative branch of municipality, where they filed their petition for meeting with clerk of town school district. Baird v. Town of Berlin, 126 Vt. 348, 231 A.2d 110 (1967). (Decided under prior law.)

A town which voted in the negative on the question of permitting the local sale of malt and vinous beverages and spirituous liquors at its annual meeting as required at the meeting by 7 V.S.A. § 161 may legally reconsider the question at a subsequent special meeting under the provisions of this section. 1966-68 Op. Atty. Gen. 129. (Decided under prior law.)

11. Authority of voters to decide.

Statutory duty of the school board to warn items concerning the "business to be transacted" means that petitioned items of business must be within the authority of voters to decide at town meeting. In the context of a school district, the petitioned items of business must be within the authority of voters to decide at a district meeting. Skiff v. S. Burlington Sch. Dist., 208 Vt. 564, 201 A.3d 969 (2018).

Because the duty of the school board to warn of items concerning the "business to be transacted" meant that petitioned items of business had to be within the authority of voters to decide, and the name of the school district's sports teams was not a matter within voters' authority to decide at a district-wide meeting, the district was not required by statute to put the issue to a district-wide vote, although it could have elected to do so if it wished. Skiff v. S. Burlington Sch. Dist., 208 Vt. 564, 201 A.3d 969 (2018).

Cited. Addison County Community Action Group v. City of Vergennes, 152 Vt. 161, 565 A.2d 233 (1989).

§ 2643. Special meetings.

The legislative body may warn a special municipal meeting when it deems it necessary and shall call a special meeting on the application of five percent of the voters. A special meeting shall be warned within 60 days of receipt of the application by the municipal clerk. A voter may withdraw his or her name from a petition for a special meeting at any time prior to the signing of the warning by a majority of the legislative body.
[Repealed.]
The legislative body may rescind the call of a special meeting called by them but not a special meeting called on application of five percent of the voters.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 2013, No. 161 (Adj. Sess.), § 47; 2015, No. 30 , § 24, eff. May 26, 2015.

History

Revision note. In subsec. (a), in the first sentence, substituted "it deems" for "they deem" to correct a grammatical error.

Amendments--2015. Subsec. (a): Substituted "60 days" for "15 days" and "municipal clerk" for "town clerk" in the second sentence and added the third sentence.

Amendments--2013 (Adj. Sess.). Subsec. (a): Substituted "warned" for "called" preceding "within 15 days" and "town clerk" for "legislative body" at the end.

Subsec. (b): Repealed.

ANNOTATIONS

Analysis

1. Meeting demanded by voters.
2. Construction.
3. Mandamus.
4. Injunction of proposed meeting.
5. Resubmission of issues.
6. Rescission of vote.

1. Meeting demanded by voters.

Because the charter of the Town of Brattleboro creates a separate and specific avenue for filling a single vacancy on the town selectboard without leaving room for the special meeting petition, this section does not apply. Town of Brattleboro v. Garfield, 180 Vt. 90, 904 A.2d 1157 (June 16, 2006).

Where more than five percent of town's registered voters signed a petition demanding a special town meeting on an agreement entered into by the selectboard, the selectboard did not have a duty to call the meeting, since if the selectboard had the power to make the agreement, it was legally binding and the voters could not undo it, and if the selectboard did not have the power to make the agreement, it was invalid irrespective of the call for a meeting. Kirchner v. Giebink, 150 Vt. 172, 552 A.2d 372 (1988).

Where voters at annual town meeting voted to increase size of selectboard from three to five without also electing the individuals to fill the two vacancies, and thereafter at least five percent of the legal voters of the town signed petition requesting special town meeting to elect two additional selectboard members failure of defendant selectboard members to promptly warn for, and hold, requested town meeting was violation of their statutory duty to do so. Welton v. Town of Brandon, 132 Vt. 74, 313 A.2d 676 (1973). (Decided under prior law.)

2. Construction.

The Legislature did not intend this section to be used to compel selectboard to hold a special town meeting for a useless, frivolous, or unlawful purpose. Royalton Taxpayers Protective Association v. Wassmansdorf, 128 Vt. 153, 260 A.2d 203 (1969). (Decided under prior law.)

Legislature's intention in enacting this section was to allow the selectboard to be compelled to call a special meeting upon a properly drawn petition showing a clear right which is within the province of the town meeting to grant or refuse through its vote. Royalton Taxpayers Protective Association v. Wassmansdorf, 128 Vt. 153, 260 A.2d 203 (1969). (Decided under prior law.)

3. Mandamus.

Where result of proposed special town meeting to vote on the appropriateness of the Rutland Housing Authority's selection of a single site for the development of low-income housing under federal project would only be advisory and not binding on the authority, mandamus would not issue to compel the mayor to call the meeting, as the effect of the issuance would be nugatory and serve no lawful purpose. Brewster v. Mayor of Rutland, 128 Vt. 437, 266 A.2d 428 (1970). (Decided under prior law.)

4. Injunction of proposed meeting.

In suit to enjoin calling of special town meeting to see whether town would vote to rescind its previous action in voting to exempt manufacturing corporation from local taxation for period of five years, after corporation had accepted offer by rebuilding its plant and resuming its business, where there was no allegation that action adverse to corporation was threatened at such town meeting, and no facts were set forth whereby it could be determined whether such an outcome was certain or even probable, petition was prematurely brought, and petitioner was not entitled to injunctive relief. Rixford Mfg. Co. v. Highgate, 102 Vt. 1, 144 A. 680 (1929). (Decided under prior law.)

5. Resubmission of issues.

Petition presented to selectboard requesting a vote on whether action taken by past town meeting, filed more than thirty days after the vote taken at such town meeting, was out of time, and any vote on the matter requested to be voted upon would have been of no force and effect and nugatory. Royalton Taxpayers Protective Association v. Wassmansdorf, 128 Vt. 153, 260 A.2d 203 (1969). (Decided under prior law.)

6. Rescission of vote.

Where town voted to raise tax, but nothing was done under the vote, town had power, at meeting legally warned for that purpose, to rescind or reconsider the vote; and having done so, collector could not legally proceed to collect tax. Stoddard v. Gilman, 22 Vt. 568 (1850). (Decided under prior law.)

§ 2644. Warnings.

The original warning for each municipal meeting shall be signed by a majority of the legislative body and shall be filed with the clerk and recorded before being posted. When all positions on the legislative body are vacant, warnings may be signed by the clerk.

Added 1977, No. 269 (Adj. Sess.), § 1.

ANNOTATIONS

1. Failure to record.

Proceedings of school district meeting were not void because clerk failed to record the warning in accordance with this section. Adams v. Sleeper, 64 Vt. 544, 24 A. 990 (1892). (Decided under prior law.)

§ 2645. Charters; adoption, repeal, or amendment; procedure.

A municipality may propose to the General Assembly to adopt, repeal, or amend its charter by majority vote of the legal voters of the municipality present and voting at any annual or special meeting warned for that purpose in accordance with the following procedure:
1. A proposal to adopt, repeal, or amend a municipal charter (charter proposal) may be made by the legislative body of the municipality or by petition of five percent of the voters of the municipality.
2. An official copy of the charter proposal shall be filed as a public record in the office of the clerk of the municipality at least 10 days before the first public hearing. The clerk shall certify the date on which he or she received the official copy, and the dated copies thereof shall be made available to members of the public upon request.
3. 1. The legislative body of the municipality shall hold at least two public hearings prior to the meeting to vote on the charter proposal. (3) (A) The legislative body of the municipality shall hold at least two public hearings prior to the meeting to vote on the charter proposal.
  2. The first public hearing shall be held in accordance with subdivision (a)(2) of this section and at least 30 days before the vote.
4. 1. If the charter proposal is made by the legislative body, the legislative body may revise the proposal as a result of suggestions and recommendations made at a public hearing, but in no event shall such revisions be made less than 20 days before the date of the meeting to vote on the charter proposal. (4) (A) If the charter proposal is made by the legislative body, the legislative body may revise the proposal as a result of suggestions and recommendations made at a public hearing, but in no event shall such revisions be made less than 20 days before the date of the meeting to vote on the charter proposal.
  2. If revisions are made, the legislative body shall post a notice of these revisions in the same places as the warning for the meeting not less than 20 days before the date of the meeting and shall attach such revisions to the official copy kept on file for public inspection in the office of the clerk of the municipality.
5. 1. If the charter proposal is made by petition, the second public hearing shall be held no later than 10 days after the first public hearing. The legislative body shall not have the authority to revise a charter proposal made by petition. (5) (A) If the charter proposal is made by petition, the second public hearing shall be held no later than 10 days after the first public hearing. The legislative body shall not have the authority to revise a charter proposal made by petition.
  2. After the warning and hearing requirements of this section are satisfied, the petitioned charter proposal shall be submitted to the voters at the next annual meeting, primary, or general election in the form in which it was filed, except that the legislative body may make technical corrections.
6. 1. Notice of each public hearing and of the annual or special meeting shall be given in accordance with section 2641 of this chapter. (6) (A) Notice of each public hearing and of the annual or special meeting shall be given in accordance with section 2641 of this chapter.
  2. 1. Each notice shall specify the charter sections to be adopted, repealed, or amended, setting out those sections in the amended form, with deleted matter struck through and new matter underlined. (B) (i) Each notice shall specify the charter sections to be adopted, repealed, or amended, setting out those sections in the amended form, with deleted matter struck through and new matter underlined.
    2. If the legislative body of the municipality determines that the charter proposal is too long or unwieldy to set out in amended form, the notice shall include a concise summary of the charter proposal and shall state that an official copy of the charter proposal is on file for public inspection in the office of the clerk of the municipality and that copies thereof shall be made available to members of the public upon request.
7. 1. Voting on a charter proposal shall be by Australian ballot. (7) (A) Voting on a charter proposal shall be by Australian ballot.
  2. 1. The ballot shall show each charter section to be adopted, repealed, or amended in the amended form, with deleted matter struck through and new matter underlined, and shall permit the voter to vote on each separate proposal contained within the charter proposal. (B) (i) The ballot shall show each charter section to be adopted, repealed, or amended in the amended form, with deleted matter struck through and new matter underlined, and shall permit the voter to vote on each separate proposal contained within the charter proposal.
    2. If the legislative body determines that the charter proposal is too long or unwieldy to be shown in the amended form, voters shall be permitted to vote upon each separate proposal in its entirety in the form of a yes or no proposition.
  3. An official copy of the charter proposal shall be posted conspicuously in each ballot booth for inspection by the voters during the balloting.
1. The clerk of the municipality, under the direction of the legislative body, shall announce and post the results of the vote immediately after the vote is counted. (b) (1) The clerk of the municipality, under the direction of the legislative body, shall announce and post the results of the vote immediately after the vote is counted.
2. The clerk, within 10 days after the day of the meeting, shall certify to the Secretary of State each separate proposal contained within the charter proposal, showing the facts as to its origin and the procedure followed, which shall include:
  1. 1. If the charter proposal was made by the legislative body, the minutes recorded by the legislative body that detail the origins and intent of each separate proposal; (A) (i) If the charter proposal was made by the legislative body, the minutes recorded by the legislative body that detail the origins and intent of each separate proposal;
    2. If the charter proposal was made by voter petition, the body of the petition and evidence of the required number of petition signatures;
  2. A copy of the official certified copy of the charter proposal filed with the clerk of the municipality pursuant to subdivision (a)(2) of this section;
  3. Copies of the warnings and published notices for each of the public hearings held pursuant to subdivision (a)(3) of this section;
  4. Minutes recorded by the legislative body that detail each of the public hearings held pursuant to subdivision (a)(3) of this section;
  5. Copies of warnings and published notices for the meeting to vote on the charter proposal; and
  6. A copy of the ballot and the results of the vote or votes on the charter proposal.
After confirming that the clerk of the municipality has certified each of the documents listed in subdivision (b)(2) of this section, the Secretary of State shall file the certificate and deliver copies of it to the Attorney General, the Clerk of the House, the Secretary of the Senate, and the chairs of the committees concerned with municipal charters of both houses of the General Assembly.
The charter proposal shall become effective upon affirmative enactment of the proposal, either as proposed or as amended by the General Assembly.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 100; 1981, No. 239 (Adj. Sess.), § 22, eff. May 4, 1982; 1983, No. 161 (Adj. Sess.); 1987, No. 63 ; 2017, No. M-7, § 2A, eff. May 22, 2017.

History

Amendments--2017. Section amended generally.

Amendments--1987. Subsec. (a): Amended generally.

Amendments--1983 (Adj. Sess.). Section amended generally.

Amendments--1981 (Adj. Sess.). Subdiv. (a)(4): Added the last sentence.

Amendments--1979 (Adj. Sess.). Subsec. (b): Amended generally.

ANNOTATIONS

Analysis

1. Constitutionality.
2. Application.
3. Amendment by Legislature.
4. Construction.

1. Constitutionality.

This section is not an unconstitutional delegation of the legislative function. 1970-72 Op. Atty. Gen. 303. (Decided under prior law.)

2. Application.

This section authorizes towns to propose even those charter amendments which conflict with State statutes, so that a town may amend its charter to set speed limits not consistent with State speed limit statutes. 1970-72 Op. Atty. Gen. 303. (Decided under prior law.)

3. Amendment by Legislature.

The Legislature may amend town charters even though this section does not contemplate such amendment; and the Legislature may even amend or repeal this section itself. 1970-72 Op. Atty. Gen. 303. (Decided under prior law.)

Cited. Kirchner v. Giebink, 150 Vt. 172, 552 A.2d 372 (1988); Smith v. Town of St. Johnsbury, 150 Vt. 351, 554 A.2d 233 (1988).

4. Construction.

It can be fairly and reasonably inferred from the statute governing town charters and the Town of Brattleboro's charter that the selectboard may comment in good faith on proposed charter amendments, even if voter-initiated, concerning town operations or functions. Daims v. Town of Brattleboro, 202 Vt. 276, 148 A.3d 185 (2016).

§ 2646. Town officers; qualification; election.

At the annual meeting, a town shall choose from among its registered voters the following town officers, who shall serve until the next annual meeting and until successors are chosen, unless otherwise provided by law:

A moderator.
A town clerk, unless the town has voted to authorize the selectboard to appoint the town clerk as provided in section 2651e of this chapter. The term of office for a town clerk shall be for one year, unless a town votes that the clerk shall be elected for a term of three years. When a town votes for a three-year term for the office of town clerk, that three-year term shall remain in effect until the town rescinds it by the majority vote of the legal voters present and voting at an annual meeting, duly warned for that purpose.
A town treasurer, unless the town has voted to authorize the selectboard to appoint the treasurer as provided in section 2651f of this chapter. The term of office of a town treasurer shall be for one year, unless a town votes that a town treasurer shall be elected for a term of three years. When a town votes for a three-year term for the office of town treasurer, that three-year term shall remain in effect until the town rescinds it by the majority vote of the legal voters present and voting at an annual meeting, duly warned for that purpose.
One selectboard member for a term of three years who shall be elected by ballot.
One lister for a term of three years who shall be elected by ballot, unless the town has voted to eliminate the office of lister in accordance with the provisions of section 2651c of this chapter.
One auditor for the term of three years who shall be elected by ballot, unless the town has voted to eliminate the office of auditor in accordance with the provisions of section 2651b of this chapter.
A first constable, and if needed a second constable, unless the town has voted to authorize the selectboard to appoint constables as provided in section 2651a of this chapter. The terms of office of the first and second constable elected or appointed shall be for one year unless a town votes that they shall be elected or appointed for terms of two years. When a town votes for a two-year term for the offices of first and second constable, the two-year terms shall remain in effect until the town rescinds them by a majority vote of the legal voters voting at an annual meeting, duly warned for that purpose.
[Repealed.]
A collector of delinquent taxes, if the town so votes, for a term of one year unless a town votes that a collector of delinquent taxes shall be elected for a term of three years. When a town votes for a three-year term for the collector of delinquent taxes, that three-year term shall remain in effect until the town rescinds it by the majority vote of the legal voters present and voting at an annual meeting, duly warned for that purpose.
[Repealed.]
[Repealed.]
A trustee of public funds if the town so votes.
A trustee of public money, but only in towns that retain possession of a portion of the surplus funds of the United States received under the Act of 1836.
A cemetery commissioner if the town so votes.
One or more patrol officers to patrol town highways under the direction of the selectboard, if the town so votes.
One or two road commissioners who shall be elected by ballot if the town so votes; otherwise they shall be appointed by the selectboard as provided in section 2651 of this chapter. The road commissioners shall be elected for a term of one year unless a town votes that the commissioners shall be elected for a term of two or three years. When a town votes for a two-year or three-year term for the office of road commissioner, that two-year or three-year term shall remain in effect until the town rescinds it by the majority vote of the legal voters present and voting at an annual meeting, duly warned for that purpose.
Three water commissioners, unless the town votes to elect additional selectboard members, in which case the number of water commissioners shall, at the discretion of the selectboard members, be the same as the number of members that comprise the selectboard. The commissioners shall be elected by ballot if the town so votes; otherwise they shall be appointed by the selectboard as provided in section 2651 of this chapter.
Five members of an advisory budget committee, if the town so votes, unless the town votes to elect additional advisory budget committee members. The advisory budget committee members shall be elected by ballot, unless the town votes to have those members appointed by the selectboard.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1983, No. 218 (Adj. Sess.); 1991, No. 177 (Adj. Sess.), § 1; 1997, No. 83 (Adj. Sess.), § 1; 1999, No. 22 , § 1; 1999, No. 73 (Adj. Sess.), § 1; 2001, No. 3 , § 1; 2013, No. 21 , § 1; 2013, No. 106 (Adj. Sess.), § 1; 2013, No. 161 (Adj. Sess.), § 48; 2013, No. 162 (Adj. Sess.), § 5; 2017, No. 27 , § 1, eff. May 10, 2017; 2017, No. 93 (Adj. Sess.), § 1; 2019, No. 84 (Adj. Sess.), § 1.

History

Amendments--2019 (Adj. Sess.). Subdiv. (11): Repealed.

Amendments--2017 (Adj. Sess.). Subdiv. (10): Repealed.

Amendments--2017. Subdivs. (2), (3): Amended generally.

Amendments--2013 (Adj. Sess.). Act No. 106 substituted "votes" for "orders" and "ordered" throughout the section, deleted "has" following "town" in subdivs. (12), (14), (16), (17), and added subdiv. (18).

Introductory paragraph: Act No. 161 substituted "registered" for "legally qualified" following "choose from among its".

Subdiv. (8): Repealed by Act No. 162.

Amendments--2013. Subdiv. (4): Substituted "selectboard" for "selectman".

Subdiv. (5): Inserted ", unless the town has voted to eliminate the office of lister in accordance with the provisions of section 2651c of this chapter" following "ballot".

Subdiv. (6): Substituted "chapter" for "title" at the end of the subdivision.

Subdiv. (7): Substituted "selectboard" for "selectmen" and "chapter" for "title".

Subdiv. (15): Substituted "patrol officers" for "patrolmen" and "selectboard" for "selectmen".

Subdiv. (16): Substituted "selectboard" for "selectmen" and "chapter" for "title".

Subdiv. (17): Substituted "chapter" for "title" at the end of the second sentence.

Amendments--2001. Subdiv. (9): Added "for a term of one year unless a town votes that a collector of delinquent taxes shall be elected for a term of three years" at the end of the first sentence and added the second sentence.

Amendments--1999 (Adj. Sess.). Subdiv. (16): Added the second and third sentences.

Amendments--1999. Subdiv. (17): Amended generally.

Amendments--1997 (Adj. Sess.). Subdiv. (6): Added the language beginning "unless".

Amendments--1991 (Adj. Sess.) Rewrote the former first sentence as the first and second sentences.

Amendments--1983 (Adj. Sess.) Subdiv. (7): Added the second sentence and "for terms of one year unless a town votes that they shall be elected for terms of two years" following "second constable" in the first sentence.

Effect of act; previous town orders. 2013, No. 106 (Adj. Sess.), § 3 provides: "A town that has ordered the election of officers under the provisions of 17 V.S.A. § 2646 prior to the effective date of Sec. 1 [July 1, 2014] of this act may continue to elect those officers after the effective date of Sec. 1 of this act."

ANNOTATIONS

Analysis

1. Prior law.
2. Construction.
3. Town agent.

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 724 of this title.

2. Construction.

Provisions that certain enumerated officers shall be chosen are positive legislative commands, and voters may not decide when or how often they shall hold an election. Jenney v. Alden, 79 Vt. 156, 64 A. 609 (1906). (Decided under prior law.)

3. Town agent.

Town agent to prosecute and defend suits has no authority to settle a suit brought to recover damages for injuries occasioned by insufficiencies of highways, and make promise to pay damages that would be binding on town. Clay v. Wright, 44 Vt. 538 (1872). (Decided under prior law.)

In administration of that portion of criminal justice entrusted to towns, in which fine and costs collected go to town, and which is conducted at expense of town, necessity for legal advice and assistance in many cases is obvious and authority to employ counsel in such cases is lodged in town grand juror and not in town agent. Burton v. Inhabitants of Norwich, 34 Vt. 345 (1861). (Decided under prior law.)

When town agent employs an attorney in suit in favor of or against town, town is legally holden to pay for attorney's services without express vote to that effect; and rule is same, if town agent, being himself an attorney, renders professional services for town. Langdon v. Castleton, 30 Vt. 285 (1858). (Decided under prior law.)

If town agent, who is also an attorney, continues, after his term of office has expired, in the management of suits in which town is interested, without any objection from, or any express employment by town or his successor, he is entitled to recover of town for professional services rendered after his term of office as town agent has expired. Langdon v. Castleton, 30 Vt. 285 (1858). (Decided under prior law.)

Cited. State v. Hart, 149 Vt. 104, 539 A.2d 551 (1987).

§ 2647. Incompatible offices.

1. An auditor shall not be town clerk, town treasurer, selectboard member, first constable, collector of current or delinquent taxes, trustee of public funds, town manager, road commissioner, water commissioner, sewage system commissioner, sewage disposal commissioner, cemetery commissioner, or town school district director; nor shall a spouse of or any person assisting any of these officers in the discharge of official duties be eligible to hold office as auditor. (a) (1) An auditor shall not be town clerk, town treasurer, selectboard member, first constable, collector of current or delinquent taxes, trustee of public funds, town manager, road commissioner, water commissioner, sewage system commissioner, sewage disposal commissioner, cemetery commissioner, or town school district director; nor shall a spouse of or any person assisting any of these officers in the discharge of official duties be eligible to hold office as auditor.
2. 1. A selectboard member or school director shall not be first constable, collector of taxes, town treasurer, assistant town treasurer, auditor, or town agent. (2) (A) A selectboard member or school director shall not be first constable, collector of taxes, town treasurer, assistant town treasurer, auditor, or town agent.
  A selectboard member shall not be lister or assessor.
3. A cemetery commissioner or library trustee shall not be town treasurer, assistant town treasurer, or auditor.
4. A town manager shall not hold any elective office in that town or town school district.
5. Election officers at local elections shall be disqualified as provided in section 2456 of this title.
Notwithstanding subsection (a) of this section, if a school district prepares and reports its budget independently from the budget of the town and the school district is audited by an independent public accountant, a school director or spouse of a school director shall be eligible to hold office as auditor, town treasurer, or assistant town treasurer.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1985, No. 196 (Adj. Sess.), § 6; 1993, No. 91 , § 2; 2009, No. 44 , § 5, eff. May 21, 2009; 2013, No. 21 , § 2; 2013, No. 162 (Adj. Sess.), § 7; 2017, No. 130 (Adj. Sess.), § 7; 2019, No. 14 , § 47, eff. April 30, 2019; 2019, No. 67 , § 19, eff. June 17, 2019; 2019, No. 117 (Adj. Sess.), § 1, eff. June 23, 2020.

History

Amendments--2019 (Adj. Sess.). Subdiv. (a)(2): Added the subdiv. (A) and (B) designations.

Subsec. (b): Deleted "or" following "auditor" and inserted ", or assistant town treasurer" at the end.

Amendments--2019 Subdiv. (a)(1): Act No. 14 substituted "town school district director" for "town district school director".

Subsec. (b): Act No. 67 substituted "school director or spouse of a school director" for "person" preceding "shall be eligible" and "or town treasurer" for "even if that person's spouse holds office as a school director" following "auditor".

Amendments--2017 (Adj. Sess.). Subdivs. (a)(2) through (a)(4): Amended generally.

Amendments--2013 (Adj. Sess.). Subdiv. (a)(1): Inserted "cemetery commissioner," following "sewage disposal commissioner,".

Subdiv. (a)(3): Added, and redesignated the remaining subdivs. accordingly.

Amendments--2013. Subsec. (a): Added the subdiv. (1)-(4) designations and substituted "selectboard member" for "selectman" throughout the subsection.

Subdiv. (a)(2): Inserted "or assessor" following "lister".

Amendments--2009. Subsec. (a): Added the subsection designation and deleted "their" preceding "official".

Subsec. (b): Added.

Amendments--1993. Inserted "water commissioner, sewage system commissioner, sewage disposal commissioner" following "road commissioner" in the first sentence.

Amendments--1983. Deleted "lister" preceding "auditor" in the second sentence and added the third sentence.

Law review commentaries

Law review. For note, "A Crisis in Confidence: Municipal Officials Under Fire," see 16 Vt. L. Rev. 579 (1992).

§ 2648. Exceptions.

Section 2647 of this title shall not apply to towns having not more than 25 legal voters, but in these towns an auditor shall not audit his or her own accounts kept and rendered in some other official capacity, nor shall the husband or wife of any town official audit his or her spouse's official accounts.

Added 1977, No. 269 (Adj. Sess.), § 1.

§ 2649. Number of officers.

1. Each town shall have: (a) (1) Each town shall have:
  1. three selectboard members, unless additional selectboard members are elected under the provisions of section 2650 of this chapter;
  2. three listers, unless additional listers are elected under the provisions of section 2650 of this chapter or the town has voted to eliminate the office of lister under the provisions of section 2651c of this chapter; and
  3. three auditors, unless the town has voted to eliminate the office of auditor under the provisions of section 2651b of this chapter.
2. Except as otherwise provided, at each annual meeting, one selectboard member, one lister, and one auditor shall be elected, each for a term of three years.
A town so voting may elect one or two road commissioners for a term of one, two, or three years, as provided in section 2646 of this chapter.
A town so voting may elect three water commissioners. The terms of the water commissioners shall be the same as those of selectboard members under sections 2646 and 2650 of this chapter, except that of those commissioners first elected, one shall have a term of one year, one a term of two years, and one a term of three years. One or two additional water commissioners may be authorized for one- or two-year terms as provided in subsection 2650(b) of this chapter relating to additional selectboard members.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1999, No. 73 (Adj. Sess.), § 2; amended 2013, No. 21 , § 3.

History

Revision note. Reference to section 2647 in the next to last sentence changed to section 2646 to correct an apparent error in the reference.

Amendments--2013. Section amended generally.

Amendments--1999 (Adj. Sess.). Substituted "two, or three years, as provided in section 2646 of this title" for "year" at the end of the third sentence.

Towns excluded; additional selectboard members or listers. 1977, No. 269 (Adj. Sess.), § 3, provided: "Towns having already elected more than three selectmen or three listers prior to the effective date of this act [July 1, 1978] are excepted from the initial application of section 2649 [this section]."

Cross References

Cross references. Appointment of road and water commissioners, see § 2651 of this chapter.

Submission of question of election of road and water commissioners to voters, see § 2652 of this chapter.

ANNOTATIONS

Analysis

1. Construction with other laws.
2. Listers.

1. Construction with other laws.

It was intent of Legislature, under this section and former 24 V.S.A. § 871, that selectboard members should and can function as a board and that in most instances they must so function in order that their acts may have force. State v. Baldwin, 116 Vt. 112, 70 A.2d 242 (1950). (Decided under prior law.)

2. Listers.

Towns are required by statute to elect annually three, four, or five listers who constitute a board, a majority of which is essential to legal action; and hence, an indictment, charging lister with perjury in that he violated his official oath, was defective without allegation of election of requisite number of listers, and that they qualified and acted as such. State v. Peters, 57 Vt. 86 (1884). (Decided under prior law.)

§ 2650. Additional listers and selectboard members.

Additional listers. A town may vote at a special or annual town meeting to elect two additional listers for terms of one year each.
Additional selectboard members.
1. 1. A town may vote at a special or annual town meeting to elect two additional selectboard members for terms of either one or two years each. (1) (A) A town may vote at a special or annual town meeting to elect two additional selectboard members for terms of either one or two years each.
  2. When the terms of the additional selectboard members are to be for two years, the warning for the meeting shall so specify.
2. 1. If two additional selectboard member positions are created, they shall be for terms of the same length, but if the terms of the new positions are to be for two years, when the additional selectboard members are first elected, one shall be elected for one year and the other selectboard member for two years. (2) (A) If two additional selectboard member positions are created, they shall be for terms of the same length, but if the terms of the new positions are to be for two years, when the additional selectboard members are first elected, one shall be elected for one year and the other selectboard member for two years.
  2. Terms of these additional selectboard members shall end on annual meeting days. If the additional selectboard members are elected at a special meeting, the term of those elected for one year shall expire on the next annual meeting day and those elected for two years shall expire on the second annual meeting day following their election.
Discontinuing additional listers or selectboard members.
1. A vote establishing additional listers or selectboard members shall remain in effect until the town votes to discontinue the two additional positions at an annual or special meeting duly warned for that purpose.
2. The term of office of any lister or selectboard member in office on the date a town votes to discontinue that office shall expire on the 31st day after the vote, unless a petition for reconsideration or rescission of that vote is filed with the clerk of the municipality in accordance with section 2661 of this chapter, in which case that section shall control.
  Added 1977, No. 269 (Adj. Sess.), § 1; amended 2017, No. 50 , § 50.

History

Amendments--2017. Section amended generally.

§ 2651. Road and water commissioners; appointment, removal.

Unless the town votes to elect road commissioners, the selectboard shall appoint forthwith one or two road commissioners and may remove from office a road commissioner appointed by them, for just cause after due notice and hearing. The selectboard may appoint one or two members of their own board to serve as road commissioners.
Unless the town votes to elect water commissioners, the selectboard shall appoint forthwith no less than three nor more than five water commissioners, unless there is no existing, or prospective, municipal water system for such commissioners to supervise. The selectboard may remove an appointed water commissioner from office for just cause after due notice and hearing. The selectboard may appoint members of their own board to serve as water commissioners.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1999, No. 22 , § 2.

History

2018. In subsec. (a), substituted "selectboard" for "selectmen" twice in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Amendments--1999. Subsec. (b): Amended generally.

Cross References

Cross references. Election of road and water commissioners generally, see § 2646 of this chapter.

Terms of office of road and water commissioners, see § 2649 of this chapter.

§ 2651a. Constables; appointment; removal.

1. A town may vote by Australian ballot at an annual meeting to authorize the selectboard to appoint a first constable, and if needed a second constable, in which case at least a first constable shall be appointed. (a) (1) A town may vote by Australian ballot at an annual meeting to authorize the selectboard to appoint a first constable, and if needed a second constable, in which case at least a first constable shall be appointed.
2. A constable so appointed may be removed by the selectboard for just cause after notice and hearing.
3. When a town votes to authorize the selectboard to appoint constables, the selectboard's authority to make such appointments shall remain in effect until the town rescinds that authority by the majority vote of the registered voters present and voting at an annual meeting, duly warned for that purpose.
Notwithstanding the provisions of subsection (a) to the contrary, a vote to authorize the selectboard to appoint constables shall become effective only upon a two-thirds vote of those present and voting, if a written protest against the authorization is filed with the selectboard at least 15 days before the vote by at least five percent of the voters of the town.
The authority to authorize the selectboard to appoint the constable as provided in this section shall extend to all towns except those that have a charter that specifically provides for the election or appointment of the office of constable.
Added 1991, No. 177 (Adj. Sess.), § 2; amended 2017, No. 130 (Adj. Sess.), § 1.

History

Amendments--2017 (Adj. Sess.). Section amended generally.

Cross References

Cross references. Authority of town to limit powers and qualifications of constables, see 24 V.S.A. § 1936a.

§ 2651b. Elimination of office of auditor; appointment of public accountant.

1. A town may vote by ballot at an annual meeting to eliminate the office of town auditor. (a) (1) A town may vote by ballot at an annual meeting to eliminate the office of town auditor.
2. 1. If a town votes to eliminate the office of town auditor, the selectboard shall contract with a public accountant licensed in this State to perform an annual financial audit of all funds of the town except the funds audited pursuant to 16 V.S.A. § 323 . (2) (A) If a town votes to eliminate the office of town auditor, the selectboard shall contract with a public accountant licensed in this State to perform an annual financial audit of all funds of the town except the funds audited pursuant to 16 V.S.A. § 323 .
  2. Unless otherwise provided by law, the selectboard shall provide for all other auditor's duties to be performed.
3. A vote to eliminate the office of town auditor shall remain in effect until rescinded by majority vote of the registered voters present and voting, by ballot, at an annual meeting duly warned for that purpose.
The term of office of any auditor in office on the date a town votes to eliminate that office shall expire on the 45th day after such vote or on the date upon which the selectboard enters into a contract with a public accountant under this section, whichever occurs first.
The authority to vote to eliminate the office of town auditor as provided in this section shall extend to all towns except those towns that have a charter that specifically provides for the election or appointment of the office of town auditor.
Added 1997, No. 83 (Adj. Sess.), § 2; amended 2011, No. 129 (Adj. Sess.), § 28, eff. July 1, 2013; amended 2013, No. 21 , § 3a; 2017, No. 130 (Adj. Sess.), § 2.

History

Amendments--2017 (Adj. Sess.) Subsec. (a): Added the subdiv. (a)(1), (a)(2)(A), (a)(2)(B), and (a)(3) designations, substituted "auditor's" for "auditor" in subdiv. (a)(2)(B), and substituted "registered" for "legal" in subdiv. (a)(3).

Amendments--2013. Subsec. (c): Added.

Amendments--2011 (Adj. Sess.) Subsec. (a): Added "except the funds audited pursuant to 16 V.S.A. § 323" at the end of the second sentence.

§ 2651c. Lack of elected lister; appointment of lister; elimination of office.

1. Notwithstanding any other provisions of law to the contrary and except as provided in subsection (b) of this section, in the event the board of listers of a town falls below a majority and the selectboard is unable to find a person or persons to appoint as a lister or listers under the provisions of 24 V.S.A. § 963 , the selectboard may appoint an assessor to perform the duties of a lister as set forth in Title 32 until the next annual meeting. (a) (1) Notwithstanding any other provisions of law to the contrary and except as provided in subsection (b) of this section, in the event the board of listers of a town falls below a majority and the selectboard is unable to find a person or persons to appoint as a lister or listers under the provisions of 24 V.S.A. § 963 , the selectboard may appoint an assessor to perform the duties of a lister as set forth in Title 32 until the next annual meeting.
2. The appointed person need not be a resident of the town and shall have the same powers and be subject to the same duties and penalties as a duly elected lister for the town.
1. A town may vote by ballot at an annual meeting to eliminate the office of lister. (b) (1) A town may vote by ballot at an annual meeting to eliminate the office of lister.
2. 1. If a town votes to eliminate the office of lister, the selectboard shall contract with or employ a professionally qualified assessor, who need not be a resident of the town. (2) (A) If a town votes to eliminate the office of lister, the selectboard shall contract with or employ a professionally qualified assessor, who need not be a resident of the town.
  2. The assessor shall have the same powers, discharge the same duties, proceed in the discharge thereof in the same manner, and be subject to the same liabilities as are prescribed for listers or the board of listers under the provisions of Title 32.
3. A vote to eliminate the office of lister shall remain in effect until rescinded by majority vote of the registered voters present and voting at an annual meeting warned for that purpose.
The term of office of any lister in office on the date a town votes to eliminate that office shall expire on the 45th day after the vote or on the date upon which the selectboard appoints an assessor under this subsection, whichever occurs first.
The authority to vote to eliminate the office of lister as provided in this section shall extend to all towns except those towns that have a charter that specifically provides for the election or appointment of the office of lister.
Added 2003, No. 125 (Adj. Sess.), § 1; amended 2013, No. 21 , § 4; 2017, No. 130 (Adj. Sess.), § 3.

History

Amendments--2017 (Adj. Sess.). Section amended generally.

Amendments--2013. Added "of lister; elimination of office" to the section catchline and the subsec. (a) designation; inserted "and except as provided in subsection (b) of this section" following "contrary"; and "under the provisions of 24 V.S.A. § 963" following "a lister or listers" in subsec. (a) and added subsec. (b).

§ 2651d. Collector of delinquent taxes; appointment; removal.

1. A municipality may vote at an annual or special municipal meeting to authorize the legislative body to appoint a collector of delinquent taxes, who may be the municipal treasurer. (a) (1) A municipality may vote at an annual or special municipal meeting to authorize the legislative body to appoint a collector of delinquent taxes, who may be the municipal treasurer.
2. A collector of delinquent taxes so appointed may be removed by the legislative body for just cause after notice and hearing.
When a municipality votes to authorize the legislative body to appoint a collector of delinquent taxes, the legislative body's authority to make such appointment shall remain in effect until the municipality rescinds that authority by the majority vote of the registered voters present and voting at an annual or special meeting, duly warned for that purpose.
Added 2013, No. 162 (Adj. Sess.), § 6; amended 2017, No. 130 (Adj. Sess.), § 4.

History

Amendments--2017 (Adj. Sess.). Subsec. (a): Added the subdiv. (1) and (2) designations and in subdiv. (a)(1), inserted "municipal" following "annual or special"..

Subsec. (b): Substituted "registered" for "legal" preceding "voters".

§ 2651e. Municipal clerk; appointment; removal.

1. A municipality may vote at an annual meeting to authorize the legislative body to appoint the municipal clerk. (a) (1) A municipality may vote at an annual meeting to authorize the legislative body to appoint the municipal clerk.
2. A municipal clerk so appointed may be removed by the legislative body for just cause after notice and hearing.
A vote to authorize the legislative body to appoint the municipal clerk shall remain in effect until rescinded by the majority vote of the registered voters present and voting at an annual or special meeting, duly warned for that purpose.
The term of office of a municipal clerk in office on the date a municipality votes to allow the legislative body to appoint a municipal clerk shall expire 45 calendar days after the vote or on the date upon which the legislative body appoints a municipal clerk under this section, whichever occurs first, unless a petition for reconsideration or rescission is filed in accordance with section 2661 of this title.
The authority to authorize the legislative body to appoint the municipal clerk as provided in this section shall extend to all municipalities except those that have a charter that specifically provides for the election or appointment of the office of municipal clerk.
Added 2017, No. 27 , § 2, eff. May 10, 2017; amended 2017, No. 130 (Adj. Sess.), § 5.

History

Amendments--2017 (Adj. Sess.). Subsec. (a): Added the subdiv. (1) and (2) designations.

Subsec. (b): Substituted "registered" for "legal" preceding "voters".

§ 2651f. Municipal treasurer; appointment; removal.

1. A municipality may vote at an annual meeting to authorize the legislative body to appoint the municipal treasurer. (a) (1) A municipality may vote at an annual meeting to authorize the legislative body to appoint the municipal treasurer.
2. A treasurer so appointed may be removed by the legislative body for just cause after notice and hearing.
A vote to authorize the legislative body to appoint the treasurer shall remain in effect until rescinded by the majority vote of the registered voters present and voting at an annual or special meeting, duly warned for that purpose.
The term of office of a treasurer in office on the date a municipality votes to allow the legislative body to appoint a treasurer shall expire 45 calendar days after the vote or on the date upon which the legislative body appoints a treasurer under this section, whichever occurs first, unless a petition for reconsideration or rescission is filed in accordance with section 2661 of this title.
The authority to authorize the legislative body to appoint the treasurer as provided in this section shall extend to all municipalities except those that have a charter that specifically provides for the election or appointment of the office of municipal treasurer.
Added 2017, No. 27 , § 3, eff. May 10, amended 2017; 2017, No. 130 (Adj. Sess.), § 6.

History

Amendments--2017 (Adj. Sess.). Subsec. (a): Added the subdiv. (1) and (2) designations.

Subsec. (b): Substituted "registered" for "legal" preceding "voters".

§ 2652. Road and water commissioners.

The selectboard may and, when requested by at least five percent of the legal voters of a town at least 47 days prior to the annual town meeting, it shall insert in the warning for the annual town meeting an article on the question of whether the town shall elect a road commissioner or commissioners, or water commissioners, as provided in section 2651 of this chapter.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 2017, No. 50 , § 51.

History

Amendments--2017. Substituted "selectboard" for "board of selectmen"; substituted "47 days" for "40 days"; substituted "it" for "they" preceding "shall insert"; deleted "or not" following "whether"; and substituted "chapter" for "title".

Cross References

Cross references. Election of road and water commissioners generally, see § 2646 of this chapter.

Terms of office of road and water commissioners, see § 2649 of this chapter.

§ 2653. Acceptance of office.

A person present at the meeting electing him or her to municipal office shall be treated as accepting, unless he or she declines before the meeting is adjourned. When not present, he or she shall be served as soon as possible with a written notice, signed by the clerk and served by the constable.

Added 1977, No. 269 (Adj. Sess.), § 1.

§ 2654. Refusal to serve.

A person may refuse to accept election or appointment to any municipal office.

Added 1977, No. 269 (Adj. Sess.), § 1.

§ 2655. Time of meeting.

Annual municipal business meetings shall begin at the time set by the legislative body, unless the municipality has voted otherwise at a preceding meeting.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 101.

History

Amendments--1979 (Adj. Sess.). Section amended generally.

§ 2656. Qualification and registration of voters.

Regardless of the type of voting used, the qualifications to vote in any municipal election shall be as provided in chapter 43 of this title and all municipalities shall revise and post checklists as provided in chapter 43 of this title prior to any municipal meeting at which there will be voting. The presiding officer shall follow reasonable and necessary procedures to ensure that persons who are not voters of the town do not vote.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 102.

History

Amendments--1979 (Adj. Sess.). Substituted "voting" for "balloting" preceding "used" and "revise and post" for "post and revise" preceding "checklists" in the first sentence and added the last sentence.

ANNOTATIONS

1. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former §§ 241 and 246 of this title.

§ 2657. Moderator.

A municipal meeting shall be called to order by the moderator, or in his or her absence by a selectboard member who shall preside until a moderator pro tempore is chosen.

Added 1977, No. 269 (Adj. Sess.), § 1.

History

2018. Substituted "selectboard member" for "selectmen" in accordance with 2013, No. 161 (Adj. Sess.), § 72.

ANNOTATIONS

1. Ratification.

Where moderator elected at annual town meeting was called without another election to preside at another meeting warned and held during year, action of meeting was valid, when he was allowed to preside without objection on that score on the part of the voters, and the meeting proceeded to completion of business for which it was warned. State v. Vershire, 52 Vt. 41 (1879). (Decided under prior law.)

§ 2658. Duties.

The moderator shall be the presiding officer of municipal meetings, shall decide questions of order and shall make public declaration of votes taken, except in elections using the Australian ballot system. When a vote declared by him or her is immediately questioned by one voter, he or she shall divide the meeting, and if requested by seven voters, shall cause the vote to be taken by paper ballot, unless the town has provided some other procedure in such cases. Robert's Rules or some other rules of order shall govern all municipal meetings, except in elections using the Australian ballot system.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 103; 1981, No. 239 (Adj. Sess.), § 23.

History

Amendments--1981 (Adj. Sess.). Added the last sentence.

Amendments--1979 (Adj. Sess.). Added "except in elections using the Australian ballot system" following "votes taken" at the end of the first sentence.

ANNOTATIONS

1. Generally.

The moderator of town meeting is under no duty to invite open discussion at meetings; his duties, under this section, are to decide questions of order and make public declaration of votes passed. Groton v. Union School Dist. 21, 127 Vt. 142, 241 A.2d 332 (1968). (Decided under prior law.)

§ 2659. Preservation of order.

The moderator shall preserve order in the conduct of business and in debate. If a person, after notice, is persistently disorderly and refuses to withdraw from the meeting, the moderator may cause him or her to be removed, calling upon the constable or other person for that purpose. A person who so refuses to withdraw when ordered so to do shall be fined not more than $200.00.

Added 1977, No. 269 (Adj. Sess.), § 1.

§ 2660. Conduct of election.

When voting is at a floor meeting by paper ballot, the polls shall be kept open a reasonable time and reasonable notice shall be given before they close.
When election is by ballot, a majority of all votes cast for any office shall be required for an election, unless otherwise provided by law; provided that when there is but one nominee for an office, unless objection is made, the legal voters may vote to instruct the town clerk to cast one ballot for such nominee and upon such ballot being cast he or she shall be declared elected.
If no person has obtained a majority by the end of the third vote, the moderator shall announce that the person receiving the least number of votes in the last vote and in each succeeding vote shall no longer be a candidate, and the voting shall continue until a candidate receives a majority.
The article entitled "other business" shall not be used for taking binding municipal action, and the moderator shall so rule.
Added 1977, No. 260 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 104; 2013, No. 161 (Adj. Sess.), § 49.

History

Amendments--2013 (Adj. Sess.). Subsec. (a): Substituted "When voting is at a floor meeting by paper ballot" for "When voting is by ballot" at the beginning.

Subsec. (b): Inserted "or she" following "ballot being cast he".

Amendments--1979 (Adj. Sess.). Subsec. (d): Added.

§ 2661. Reconsideration or rescission of vote.

A warned article voted on at an annual or special meeting of a municipality shall not be submitted to the voters for reconsideration or rescission at the same meeting after the assembly has begun consideration of another article. If the voters have begun consideration of another article, the original article may only be submitted to the voters at a subsequent annual or special meeting duly warned for the purpose and called by the legislative body on its own motion or pursuant to a petition requesting such reconsideration or rescission signed and submitted in accordance with subsection (b) of this section. A vote taken at an annual or special meeting shall remain in effect unless rescinded or amended.
If a petition requesting reconsideration or rescission of a question considered or voted on at a previous annual or special meeting is filed with the clerk of the municipality within 30 days following the date of that meeting, the legislative body shall provide for a vote by the municipality in accordance with the petition within 60 days of the submission at an annual or special meeting duly warned for that purpose. The number of signatures required for a petition for reconsideration or rescission shall be not less than five percent of the registered voters unless the voters of the municipality increase that percentage pursuant to the following:
1. At a meeting duly warned for the purpose, the voters of a municipality may require that a petition for reconsideration be signed by a percentage of registered voters that is not less than five percent nor greater than 20 percent.
2. A vote to increase the percentage of voters required to sign a petition for reconsideration or rescission to up to 20 percent shall be in substantially the following form: "Shall the (name of municipality) increase the percentage of voters required on a petition for reconsideration or rescission from five to (up to 20) percent?"
3. Once the voters of a municipality have voted to require a new percentage, that percentage shall remain in effect until the voters of the municipality vote to change the percentage.
A question voted on shall not be presented for reconsideration or rescission at more than one subsequent meeting within a one-year period, except with the approval of the legislative body.
For a vote by Australian ballot:
1. The form of the ballot shall be as follows: "Article 1: [cite the article to be reconsidered as lastly voted]."
2. Absentee ballots for the reconsideration or rescission vote shall be sent to any voter who requested an absentee ballot for the initial vote on the article to be reconsidered or rescinded, whether or not a separate request for an absentee ballot for the reconsideration or rescission vote is submitted by the voter.
A majority vote in favor of reconsideration or rescission of a question voted on by paper or Australian ballot shall not be effective unless the number of votes cast in favor of reconsideration or rescission exceeds two-thirds of the number of votes cast for the prevailing side at the original meeting unless the voters of the municipality approve a different percentage pursuant to the following:
1. At a meeting duly warned for the purpose, the voters of a municipality may require that a vote in favor of reconsideration or rescission shall not be effective unless the number of votes cast in favor of reconsideration or rescission exceeds a certain percentage of the number of votes cast for the prevailing side at the original meeting.
2. A vote to increase or decrease the percentage shall be in substantially the following form: "Shall the (name of municipality) change the percentage of votes cast in favor of reconsideration or rescission required for a vote to reconsider or rescind a question considered or voted on at a previous annual or special meeting to be effective to (percentage)?"
3. Once the voters of a municipality have voted to require a new percentage, that percentage shall remain in effect until the voters of the municipality vote to change the percentage.
A municipality shall not reconsider a vote to elect a local officer.
This section shall not apply to nonbinding advisory articles, which shall not be subject to reconsideration or rescission.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 105; 1991, No. 235 (Adj. Sess.); 2007, No. 36 , § 1; 2013, No. 161 (Adj. Sess.), § 50; 2017, No. 50 , § 52.

History

Amendments--2017. Subsec. (c): Substituted "a one-year period," for "the succeeding 12 months".

Subsec. (d): Added the subdiv. (1) designation and subdiv. (2).

Subsec. (g): Added.

Amendments--2013 (Adj. Sess.). Subsec. (f): Added.

Amendments--2007. Subsec. (b): Amended generally.

Subsec. (e): Added.

Amendments--1991 (Adj. Sess.). Subsec. (a): Added "after the assembly has begun consideration of another article" following "same meeting" in the first sentence, substituted "If the voters have begun consideration of another article, the original article" for "It" at the beginning of the second sentence and added "or amended" following "rescinded" in the third sentence.

Subsec. (c): Inserted "within the succeeding twelve months" preceding "except".

Subsec. (d): Added.

Amendments--1979 (Adj. Sess.). Section amended generally.

Vote for reconsideration or rescission. 2007, No. 36 , § 2, provides: "This act shall take effect on July 1, 2007. However, in Sec. 1 [which amended this section]; 17 V.S.A. § 2661(e) shall apply to a vote for reconsideration or rescission for which a petition has been filed on or after July 1, 2008".

ANNOTATIONS

Analysis

1. Warnings.
2. Ballot.
3. Question voted on.
4. Reconsideration.

1. Warnings.

Warning for special town meeting to discuss proposed amendments to zoning bylaws that were identical to or substantially similar to changes approved by vote of the electors at an earlier town meeting, the results of which were subsequently declared invalid because of procedural irregularities in a judicial proceeding, was not violative of the notice requirements of 24 V.S.A. § 4404 because it did not instead call for reconsideration or rescission of the vote at the earlier meeting, since the earlier vote, because not taken in accordance with the prescribed statutory procedures, was void ab initio and, therefore, there was nothing to re-evaluate. Kalakowski v. Town of Clarendon, 139 Vt. 519, 431 A.2d 478 (1981).

2. Ballot.

Where, at town meeting, town voted to appropriate funds for and construct park, and statutory petition requesting a special town meeting for purpose of rescinding that vote resulted in a properly warned meeting at which the ballot stated the question was whether the town would vote to approve construction of the park and appropriate funds therefore, the ballot was not substantially in accord with the issue framed by the petition, as required by this section, and was contrary to provision of this section stating an annual town meeting vote shall remain in effect unless rescinded; and selectboard would be ordered to warn and hold a new meeting to vote on petition's question. Concerned Voters of Londonderry v. Prouty, 138 Vt. 442, 417 A.2d 927 (1980).

3. Question voted on.

Town voters were not entitled to a new reconsideration vote on school budget under 16 V.S.A. § 711e, which sets forth the procedure when a school district elects to have its budget determined by Australian ballot, because there had already been a reconsideration vote of the school budget at issue; the term "question voted on" in subsection (c) of this section means the budget of the school district and not the specific budget amount submitted to the voters and thus this section prevented further revotes without the approval of the legislative body of the district. Santi v. Roxbury Town School District, 165 Vt. 476, 685 A.2d 301 (1996).

Statute regarding reconsideration of votes at town meetings was designed to enable the voters of a town, upon securing the necessary signatures, to secure a vote to reconsider a matter previously acted upon by the voters. The goals of the statute would be frustrated by an interpretation that suggested that the right of voters to petition for reconsideration of a question turns on the parliamentary procedure by which the question was defeated in the first instance. Wesolow v. Town of Lowell, 19 Vt. 422, 90 A.3d 898 (2013).

4. Reconsideration.

Because the effect of town voters' motion to pass over an article was to effectively dismiss the article without further debate, their action amounted to consideration of or a vote on the article for purposes of the applicability of the statute regarding reconsideration of votes. Accordingly, a petition for reconsideration was appropriate. Wesolow v. Town of Lowell, 19 Vt. 422, 90 A.3d 898 (2013).

Cited. Cota v. Town School District of Starksboro, 144 Vt. 633, 481 A.2d 1267 (1984).

§ 2662. Validation of municipal meetings.

When any of the requirements as to notice or warning of an annual or special municipal meeting have been omitted or not complied with, the omission or noncompliance, if the meeting and the business transacted at it is otherwise legal and within the scope of the municipal powers, may be corrected and legalized by vote at a regular meeting or special meeting of the municipality called and duly warned for that purpose. The question to be voted upon shall substantially be, "Shall the action taken at the meeting of this town (or city, village or district) held on (state date) in spite of the fact that (state the error or omission), and any act or action of the municipal officers or agents pursuant thereto be readopted, ratified, and confirmed." Errors or omissions in the conduct of an original meeting that are not the result of an unlawful notice or warning or noncompliance within the scope of the warning may be cured by a resolution of the legislative body of the municipality by a vote of two-thirds of all its members at a regular meeting or a special meeting called for that purpose, stating that the defect was the result of oversight, inadvertence, or mistake. When an error or omission of this nature has been thus corrected by resolution, all business within the terms of the action of the qualified voters shall be as valid as if the requirements had been initially complied with, condition, however, that the original action thereby corrected by the legislative body was in compliance with the legal exercise of its corporate powers.

Added 1977, No. 269 (Adj. Sess.), § 1.

ANNOTATIONS

Analysis

1. Application.
2. Record of meeting.
3. Contents of warning.
4. Sufficiency of warning.

1. Application.

Even if a defect was present in an organizational meeting for a union high school district, such defect could not have had any effect on status of the union as a "body politic," achieved before such meeting was held, and, in any event, procedures under this section were available to the district for necessary corrective purposes. Appelget & Elliott v. Baird, 126 Vt. 503, 236 A.2d 671 (1967). (Decided under prior law.)

Procedure set forth in this section should be followed when municipality seeks to correct mistake in procedure in course of voting bonds for public improvement. 1956-58 Op. Atty. Gen. 117. (Decided under prior law.)

2. Record of meeting.

Certified copy of proceedings of meeting, as kept and reported by clerk pro tem. to the town clerk, was admissible for purpose of showing vote of meeting. Hickok v. Shelburne, 41 Vt. 409 (1868). (Decided under prior law.)

3. Contents of warning.

Warning for validation meeting held because notice of annual school district meeting was not published as required by former 24 V.S.A. § 706p(a) did not have to state, and voters did not have to vote on, each article of the prior meeting separately, but rather, warning and vote could be on whether the action taken at the prior meeting and any action pursuant thereto should be readopted, ratified and confirmed. Brochu v. Brown, 128 Vt. 549, 268 A.2d 745 (1970). (Decided under prior law.)

4. Sufficiency of warning.

Validation meeting warning as to whether the action taken at annual school district meeting and any action taken pursuant thereto should be readopted, ratified and confirmed in spite of the fact that notice of the annual meeting was not published as required by former 24 V.S.A. § 706p(a) sufficiently indicated the purpose of the meeting. Brochu v. Brown, 128 Vt. 549, 268 A.2d 745 (1970). (Decided under prior law.)

Where particular property was voted a tax exemption at 1968 town meeting and the subject had not been in the warning for that meeting, article in warning for 1969 town meeting presenting question whether voters would ratify and reaffirm the 1968 vote, and affirmative vote, was adequate corrective action. Lawton v. Town of Brattleboro, 128 Vt. 525, 266 A.2d 816 (1970). (Decided under prior law.)

§ 2663. Certificate of vote.

Whenever an act of the General Assembly by its provisions takes effect only when accepted by vote of a municipality, the clerk of the municipality shall certify within 10 days to the Secretary of State the result of such vote.

Added 1977, No. 269 (Adj. Sess.), § 1.

§ 2664. Budget.

At its annual meeting, a town shall vote such sums of money as it deems necessary for the interest of its inhabitants and for the prosecution and defense of the common rights. It shall express in its vote the specific amounts, or the rate on a dollar of the grand list, to be appropriated for laying out and repairing highways and for other necessary town expenses. If a town votes specific amounts in lieu of a rate on a dollar of the grand list, the selectboard shall, after the grand list book has been computed and lodged in the office of the town clerk, set the tax rate necessary to raise the specific amounts voted. The selectboard may apply for grants and may accept and expend grants or gifts above those that are approved in the town budget. The selectboard shall include, in its annual report, a description of all grants or gifts accepted during the year and associated expenditures.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 2007, No. 121 (Adj. Sess.), § 12; 2015, No. 30 , § 25, eff. May 26, 2015.

History

Amendments--2015. Inserted "At its annual meeting" preceding "a town shall" in the first sentence.

Amendments--2007 (Adj. Sess.) Substituted "selectboard" for "selectmen" in the third sentence, and added the fourth and fifth sentences.

ANNOTATIONS

Analysis

1. Construction.
2. Taxation.
3. Authority to bind town.
4. Health.
5. Public property.
6. Legal proceedings.

1. Construction.

The rights and interests meant by this section are rights and interests of inhabitants in their corporate capacity; and statute does not authorize town to vote money to pay expenses incurred by some of its inhabitants in opposing act of Legislature constituting part of town's territory into new town and apportioning former's assets and liabilities between two. Sargent v. Clark, 83 Vt. 523, 77 A. 337 (1910). (Decided under prior law.)

Towns are creations of Legislature, are constituted for governmental purposes, and so rights and franchises of town never can become vested rights as against State, which may enlarge, restrict, and even destroy its corporate existence, as the public good requires; and such action neither defeats vested rights nor impairs contract obligations within the meaning of Constitution. Sargent v. Clark, 83 Vt. 523, 77 A. 337 (1910). (Decided under prior law.)

Inhabitants of town cannot impose tax or appropriate funds for objects entirely foreign to their political or municipal duties; but they may do so for objects within their duty and jurisdiction as municipal corporations, and for purpose of fully enabling them to discharge that duty. Van Sicklen v. Burlington, 27 Vt. 70 (1854). (Decided under prior law.)

2. Taxation.

A town may tax real estate within its boundaries based on its grand list. Porter v. Town of Newark, 145 Vt. 367, 488 A.2d 769 (1985).

3. Authority to bind town.

Selectboard cannot bind town by offer of reward for arrest and conviction of person guilty of removing body from its grave in cemetery in town, it not appearing that town's property was injured nor that any statute cast upon town burden of prosecuting such offenses. Spafford v. Norwich, 71 Vt. 78, 42 A. 970 (1898). (Decided under prior law.)

4. Health.

Selectboard of town, inhabitants of which are exposed to spreading of smallpox among them, may prevent such spread by procuring inoculation for those exposed, and town may legally vote tax to defray expense of same. Hazen v. Strong, 2 Vt. 427 (1830). (Decided under prior law.)

5. Public property.

If primary purpose of erection of a town house was for proper municipal uses, town may rent a part of it for income; and it rests in discretion of voters, exercised in good faith, to decide as to expense of such building and in so doing they may anticipate prospective needs of town. Bates v. Bassett, 60 Vt. 530, 15 A. 200 (1888). (Decided under prior law.)

6. Legal proceedings.

Officers of town cannot bind it for expense of carrying on suit in which it has no direct interest. Sheldon v. Bennington, 67 Vt. 580, 32 A. 497 (1895). (Decided under prior law.)

Town may vote tax to defend suit in which it is interested, whether it is directly for or against town, or between third persons. Briggs v. Whipple, 6 Vt. 95 (1834). (Decided under prior law.)

Cited. Addison County Community Action Group v. City of Vergennes, 152 Vt. 161, 565 A.2d 233 (1989).

§ 2665. Notification to Secretary of State.

The town clerk shall file with the Secretary of State a list of the names and addresses of the selectboard members elected and shall notify the Secretary of State of any changes in the list as filed.

Added 1979, No. 200 (Adj. Sess.), § 106.

History

2018. Substituted "selectboard members" for "selectmen" in accordance with 2013, No. 161 (Adj. Sess.), § 72.

§ 2666. Improper influence.

Neither the warning, the notice, the official voter information cards, nor the ballot itself shall include any opinion or comment by any town body or officer or other person on any matter to be voted on.

Added 1979, No. 200 (Adj. Sess.), § 107.

Cross References

Cross references. Election offenses generally, see chapter 35 of this title.

ANNOTATIONS

1. Construction.

School district did not improperly influence vote, in violation of 17 V.S.A. § 2666, by sending voters letter about issues to be voted upon where letter contained no opinion or comment on any of official documents listed in 17 V.S.A. § 2666. Conn v. Middlebury Union High School District #3, 162 Vt. 498, 648 A.2d 1385 (1994).

§ 2667. Access to annual meeting.

The legislative body of the municipality shall take reasonable measures to ensure that voters who are elders or have a disability may conveniently attend annual or special meetings; provided, however, that such measures need not be taken if doing so would impose undue hardship on the town. Measures may include location of meetings on the ground floor of buildings or providing ramps or other devices for access to meetings. In municipal elections using the Australian ballot system of voting, subsection 2502(b) of this title shall apply. For the purposes of this section, the legislative body shall have full jurisdiction on the day of the municipal meeting over the premises at which the town meeting is to be held.

Added 1983, No. 90 , § 2, eff. April 29, 1983; amended 2013, No. 96 (Adj. Sess.), § 85.

History

Amendments--2013 (Adj. Sess.). Substituted "ensure" for "assure" following "measures to" and "voters who are elders or have a disability" for "elderly or handicapped voters" preceding "may conveniently" in the first sentence, deleted ", but are not limited to," following "Measures may include" in the second sentence, and inserted "of this title" following "2502(b)" in the last sentence.

Subchapter 3. Local Elections Using the Australian Ballot System

§ 2680. Australian ballot system; general.

Application. Unless specifically required by statute, the provisions of the Australian ballot system shall not apply to the annual or special meeting of a municipality unless that municipality, at its annual meeting or at a special meeting called for that purpose, votes to have them apply.
Officers. Once a municipality votes to elect officers by the Australian ballot system, such officers shall be elected in that manner until the municipality votes to discontinue use of the system.
Budgets.
1. A vote on whether to use the Australian ballot system to establish the budget shall be in substantially the following form:
  "Shall (name of municipality) adopt its (name of individual budget article) or (all budget articles) by Australian ballot?"
2. If a budget voted on by Australian ballot is rejected, the legislative body shall prepare a revised budget.
  1. The legislative body shall establish a date for the vote on the revised budget and shall take appropriate steps to warn a public informational meeting on the budget and the vote. The date of the public informational meeting shall be at least five days following the public notice. The date of the vote shall be at least seven days following the public notice.
  2. The vote on the revised budget shall be by Australian ballot and shall take place in the same locations that the first vote was taken; provided, however, that if that polling place is unavailable, the vote may be held at a different location, with notice posted of the meeting location at the original location.
  3. The budget shall be established if a majority of all votes cast are in favor. If the revised budget is rejected, the legislative body shall repeat the procedure in this subsection until a budget is adopted.
  4. Once a municipality votes to establish its budget by the Australian ballot system, the vote on the budget shall be taken by Australian ballot until the municipality votes to discontinue use of the system.
Public questions.
1. A vote on whether to use the Australian ballot on public questions other than the budget shall be in substantially the following form:
  "Shall (name of municipality) vote on (specify the public question) by Australian ballot?"
  
  "Shall (name of municipality) vote on all public questions by Australian ballot?"
2. Once a municipality has voted to vote on any specific or all public questions by Australian ballot, the votes shall be taken by Australian ballot until the municipality votes to discontinue use of the system.
Use. A municipality shall not use the Australian ballot system at the same election at which its voters decide that the system shall be used.
Presiding officer. The presiding officer for any election or part of an election using the Australian ballot system shall be the town clerk or as otherwise provided in section 2452 of this title.
Early and absentee voting. At the time the Australian ballots are available, which shall be not less than 20 days before the election, early and absentee voting shall be permitted in accordance with chapter 51, subchapter 6 of this title.
1. The legislative body of a town, city, or village may vote to mail a ballot to all active registered voters in the town, city, or village.
2. A school board may, after receiving the approval of the legislative body of each member town in the district, vote to mail its annual meeting ballot to all active registered voters in the district. In such case, the town clerk and election officials in the member towns shall be responsible for the mailing of the ballots but all costs associated with the mailing of ballots shall be borne by the school district.
3. Ballots shall be mailed not less than 20 days before the election, or as soon as they are available.
4. The mailing of ballots shall be conducted to the extent practicable in accordance with chapter 51, subchapter 6 of this title.
  Hearing.
  
  (1) Whenever a municipality has voted to adopt the Australian ballot system of voting on any public question or budget, except the budget revote as provided in subsection (c) of this section, the legislative body shall hold a public informational hearing on the question by posting warnings at least 10 days in advance of the hearing in at least two public places within the municipality and in the town clerk's office.
  
  (2) (A) The hearing shall be held within the 10 days preceding the meeting at which the Australian ballot system is to be used. The legislative body shall be responsible for the administration of this hearing, including the preparation of minutes.
  
  (B) In a town that has voted to start its annual meeting on any of the three days immediately preceding the first Tuesday in March in accordance with subsection 2640(b) of this title, the hearing under this subsection may be held in conjunction with that meeting, in which case the moderator shall preside.
  
  Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), §§ 108, 120; 1981, No. 239 (Adj. Sess.), § 24; 1983, No. 30 , § 1; 2003, No. 59 , § 42; 2007, No. 121 (Adj. Sess.), § 13; 2015, No. 30 , § 26, eff. May 26, 2015; 2015, No. 97 (Adj. Sess.), § 46; 2017, No. 50 , § 54; 2021, No. 60 , § 3, eff. June 7, 2021.

History

2002. In subsec. (d) of this section, added subdiv. designations (1) and (2) to conform section to V.S.A. style.

Amendments--2021. Added subsec. (g), and redesignated former subsec. (g) as (h).

Amendments--2017. Subsec. (c): Inserted "(name of individual" preceding "budget article)" and "(all budget" preceding "articles)"in the first line of the form.

Subsec. (g): Amended generally.

Amendments--2015 (Adj. Sess.). Subsec. (a): Inserted "Application." at the beginning.

Subsec. (e): Inserted "Use." at the beginning.

Subsec. (f): Inserted "Presiding officer." at the beginning.

Subsec. (g): Inserted "Hearing." at the beginning, and "of this title" following "subsection 2640(c)" near the end.

Amendments--2015. Subsec. (c): Added the subdiv. designations and in subdiv. (c)(2)(B), added the second half of the sentence following "The first vote was taken".

Amendments--2007 (Adj. Sess.) Subsec. (c): Inserted "article or articles" preceding "by Australian" in the ballot question.

Subsec. (g): Inserted "or budget" following "public question" in the first sentence.

Amendments--2003. Subsec. (c): Amended generally.

Subsec. (g): Substituted "except" for "including" following "question," and added "revote as provided in subsection (c) of this section" following "budget".

Amendments--1983. Deleted "and then only to the election of any or all officers, except where the municipality votes to make them applicable to any other specified business" following "have them apply" in subsec. (a), added the subsection catchline in subsec. (b), added new subsecs. (c) and (d), redesignated former subsecs. (c) and (d) as subsecs. (e) and (f), respectively, and added subsec. (g).

Amendments--1981 (Adj. Sess.). Subsec. (a): Added "Unless specifically required by statute" at the beginning of the subsec.

Subsec. (c): Substituted "shall not" for "may not be required to" preceding "use the Australian ballot".

Amendments--1979 (Adj. Sess.). Subsec. (d): Amended generally.

Subsec. (e): Repealed. The former subsection related to opening and closing times of polling places.

Validity of Australian ballot votes. 1981, No. 239 (Adj. Sess.), § 41, eff. May 4, 1982, provided: "The validity of a vote taken by Australian ballot prior to the effective date of this act shall not be subject to challenge for failure to comply with the procedural requirements of section 2680 of Title 17."

ANNOTATIONS

Analysis

1. Generally.
2. Construction.
3. Manner of budget presentation.

1. Generally.

The Australian ballot is one on which the names of all candidates, or all issues, are printed, is distributed at the polling places only, and is marked in secret; though almost any written or printed ballot will suffice as long as the voter's privacy is assured. 1970-72 Op. Atty. Gen. 288. (Decided under prior law.)

2. Construction.

In this section's provision that the ballot shall not be used in municipal meetings where the population is under eight thousand unless the municipality, at its annual meeting or at a special meeting called for that purpose, votes to have it applied, and then only to the election of officers, except when such municipality shall vote to make it apply to other specified business, the phrase "called for that purpose" qualifies both "the election of officers" and "other specified business"; therefore, the meeting must be warned on the question of the ballot both when officers are to be elected and also for any other specific business. 1970-72 Op. Atty. Gen. 288. (Decided under prior law.)

3. Manner of budget presentation.

Plaintiff's claims that his rights were violated when defendant town refused to warn a decomposed, i.e., line-item, budget for approval by Australian ballot for the town meeting, as was mandated by a majority vote of town residents at an earlier special meeting, were without legal basis, and the town was justified in refusing to conduct the vote in that manner as the Legislature has given town selectboards the authority to conduct the annual budget vote by Australian ballot only if town voters approve an article in substantial compliance with the language of 17 V.S.A. § 2680(c), which allows for a vote on a complete budget. Mooney v. Town of Stowe, 183 Vt. 600, 950 A.2d 1198 (mem.) (2008).

To the extent that town voters have a right to approve the annual budget by Australian ballot, it is conferred by statute and, to exercise that right, voters must be in compliance therewith. Mooney v. Town of Stowe, 183 Vt. 600, 950 A.2d 1198 (mem.) (2008).

Cited. Pominville v. Addison Central Supervisory Union, 154 Vt. 299, 575 A.2d 196 (1990).

§ 2681. Nominations; petitions; consents.

1. 1. Nominations of the municipal officers shall be by petition. The petition shall be filed with the municipal clerk, together with the endorsement, if any, of any party or parties in accordance with the provisions of this title, not later than 5:00 p.m. on the sixth Monday preceding the day of the election, which shall be the filing deadline. (a) (1) (A) Nominations of the municipal officers shall be by petition. The petition shall be filed with the municipal clerk, together with the endorsement, if any, of any party or parties in accordance with the provisions of this title, not later than 5:00 p.m. on the sixth Monday preceding the day of the election, which shall be the filing deadline.
  2. A candidate shall be registered to vote in the town he or she is seeking office at or before the time of filing the petition.
2. The candidate shall also file a written consent to the printing of the candidate's name on the ballot on or before the filing deadline for petitions as set forth in subdivision (1) of this subsection.
3. A petition shall contain the name of only one candidate.
A petition shall contain at least 30 valid signatures of voters of the municipality or one percent of the legal voters of the municipality, whichever is less. The candidate, prior to circulating his or her petitions, shall print on them his or her name as it appears on the voter checklist and shall indicate clearly on them which office he or she is seeking. If there are different lengths of term available for an office, the candidate must indicate clearly the length of term, as well.
The town clerk shall make petition forms and consent forms available. Petition forms shall be sufficient if they are in substantially the following form:
A person consenting to be nominated may withdraw by notifying the municipal clerk in writing no later than 5:00 p.m. on the Wednesday after the filing deadline.
The officer receiving the petitions shall immediately proceed to examine them to ascertain whether they conform to the provisions of this subchapter. If found not to conform, he or she shall state in writing on the petition why it cannot be accepted, and within 24 hours from receipt he or she shall return it to the candidate in whose behalf it was filed. In this case, supplementary petitions may be filed not later than 5:00 p.m. on the Wednesday after the filing deadline. However, supplementary petitions shall not be accepted if petitions with signatures of different persons totaling at least the number specified in subsection (b) of this section were not filed by the filing deadline set forth in subdivision (a)(1) of this section.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), §§ 109, 120; 1981, No. 239 (Adj. Sess.), § 25; 1985, No. 137 (Adj. Sess.), § 3; 2013, No. 161 (Adj. Sess.), § 51; 2015, No. 30 , § 27, eff. May 26, 2015; 2017, No. 50 , § 55; 2019, No. 67 , § 20.

STATE OF VERMONT

.................... County The undersigned hereby petition the town clerk and other town officers of the Town of ...................., County of ...................., Vermont that .................... (Name of Candidate -- Nominee) be a nominee for election to the office of .................... (Name of Office) at the local election to be held in the town on the ................. day of ...................., 20 ................ We certify that we are presently voters of that town. NAME/SIGNATURE STREET ADDRESS .............................................................................. .............................................................................. .............................................................................. .............................................................................. .............................................................................. .............................................................................. .............................................................................. ..............................................................................

History

2002. In the form in subsec. (c), substituted "20____" for "19____" to correct an outdated reference to a year in the future.

Amendments--2019. Subdiv. (a)(3): Deleted "and the candidate's name shall appear on the petition as it does on the voter checklist" following "one candidate" and deleted the second sentence.

Amendments--2017. Subdiv. (a)(1)(A): Substituted "no" for "not" following "provisions of this title" in the second sentence.

Amendments--2015. Subdiv. (a)(1): Added the subdiv. (A) designation and subdiv. (B).

Subsec. (e): Added "set forth in subdivision (a)(1) of this section" following "filing deadline" in the last sentence.

Amendments--2013 (Adj. Sess.). Section heading: Substituted "; petitions; consents" for ", petitions" at the end.

Subdiv. (a)(2): Substituted "on or before the filing deadline for petitions as set forth in subdivision (1) of this subsection" for ", no later than 5:00 p.m. on the Wednesday after the filing deadline" at the end.

Subdiv. (a)(3): Inserted ", and the candidate's name shall appear on the petition as it does on the voter checklist" at the end of the first sentence.

Subsec. (b): Inserted "print on them his or her name as it appears on the voter checklist and shall" following "his or her petitions, shall".

Amendments--1985 (Adj. Sess.). Subsec. (a): Deleted "a written consent of the prospective nominee to the printing of his name on the ballot and" preceding "the endorsement" in the second sentence, added the third sentence, and substituted "the voter" for "he" following "in which case" in the fifth sentence.

Amendments--1981 (Adj. Sess.). Subsec. (a): Inserted "and the endorsement, if any, of any party or parties in accordance with the provisions of this title" following "name on the ballot" in the second sentence.

Amendments--1979 (Adj. Sess.). Subsec. (a): Amended generally.

Subsec. (b): Added the last two sentences.

Subsec. (c): Amended generally.

Subsec. (d): Substituted "5:00 p.m. on the Wednesday after the filing deadline" for "25 days before the local election" following "no later than".

Subsec. (e): Substituted "5:00 p.m. on the Wednesday after the filing deadline" for "twenty-eight days before the election" following "not later than" in the third sentence and added the fourth sentence.

Subsec. (f): Repealed. The former subsection related to the form for the petition.

§ 2681a. Local election ballots.

Ballots for local officers and local public questions shall be prepared at town expense, under the direction of the town clerk, not later than 20 days before the local election. These ballots may be any color and the printing shall be black; in other respects, they shall conform as nearly as may be practicable to the form of the consolidated ballot in chapter 51, subchapter 2 of this title, except as otherwise provided in this section.
1. On the local election ballot, the candidate's name shall appear as provided in his or her consent form. (b) (1) On the local election ballot, the candidate's name shall appear as provided in his or her consent form.
2. The board of civil authority may vote to list a street address for each candidate, or the town of residence of each candidate, or no residence at all for each candidate.
No political party or other designation shall be listed unless the municipal charter provides for such listing, the town has voted at an earlier election to provide such a listing or, in the absence of previous consideration of the question by the town, the legislative body decides to permit listing. If political party or other designations are permitted, no candidate shall use the name of a political party whose certificate of organization has been filed properly with the Secretary of State unless the candidate has been endorsed by a legally called town caucus of that political party for the office in question. In any event, the candidate must still file the petition and consent form required by section 2681 of this title.
The names of candidates for the same office, but for different terms of service, shall be arranged in groups according to the length of their respective terms.
Public questions shall be written in the form of a question, with boxes indicating a choice of "yes" and "no" directly under or to the right side of the public question. No public question shall pass unless a majority of the votes, excluding blank and overvotes, is cast in favor of the proposition.
Added 1979, No. 200 (Adj. Sess.), § 110; amended 1989, No. 211 (Adj. Sess.), § 6; 2007, No. 54 , § 12; 2013, No. 161 (Adj. Sess.), § 52; 2017, No. 50 , § 56.

History

Amendments--2017. Subsec. (e): Substituted "overvotes" for "spoiled votes" following "blank and" in the second sentence.

Amendments--2013 (Adj. Sess.). Subdiv. (b)(1): Inserted "candidate's name shall appear as provided in his or her consent form" at the end.

Subdiv. (b)(2): Inserted "The" at the beginning.

Amendments--2007. Deleted "except yellow" following "any color" in the second sentence of subsec. (a); deleted former subsec. (b), and redesignated former subsecs. (c) through (f) as present subsecs. (b) through (e).

Amendments--1989 (Adj. Sess.). Subsec. (f): Added.

§ 2682. Process of voting; appointments.

Election expenses shall be assumed by the municipality.
Returns shall be filed with the town clerk.
In a municipal election controlled by this subchapter, the person receiving the greatest number of votes for an office shall be declared elected to that office and a certificate of election need not be issued.
In the event no person files a petition for an office that is to be filled at the annual or special meeting of a municipality, and if no person is otherwise elected to fill the office, a majority of the legislative body of the municipality may appoint a voter of the municipality to fill the office until the next annual meeting.
[Repealed.]
When the same number of persons are nominated for any town office as there are positions to be filled, the presiding officer may declare the whole slate of candidates elected without making individual tallies, provided each person on the slate has more votes than the largest number of write-in votes for any one write-in candidate.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 111; 2007, No. 54 , § 14; 2013, No. 161 (Adj. Sess.), § 53.

History

2007. Substituted "its" for "their" in the first sentence of subsec. (e) for grammatical purposes.

Amendments--2013 (Adj. Sess.). Subsec. (c): Deleted the former second sentence, and made a stylistic change.

Subsec. (e): Repealed.

Subsec. (f): Added.

Amendments--2007. Subsec. (e): Added the last sentence.

Amendments--1979 (Adj. Sess.). Subsec. (b): Amended generally.

Subsec. (c): Added the last sentence.

Subsec. (d): Substituted "an" for "any" preceding "office which is to be filled" and deleted "legal" preceding "voter".

§ 2682a. Write-in candidates.

Notwithstanding the provisions of section 2682 of this subchapter, in order to be elected, a write-in candidate shall receive at least 30 votes or the votes of one percent of the registered voters in the municipality, whichever is less.

Added 2013, No. 161 (Adj. Sess.), § 54.

§ 2682b. Tie votes for local office.

If there is a tie vote for any office, the legislative body or, in its stead, the municipal clerk shall within seven days warn a runoff election to be held not less than 15 days nor more than 22 days after the warning. The only candidates in the runoff election shall be those who were tied in the original election. However, if one of the candidates that are tied withdraws his or her candidacy within five days after the election, the town clerk shall certify the other tied candidate as the winner, and there shall be no runoff election.

Added 2013, No. 161 (Adj. Sess.), § 55.

§ 2683. Request for a recount; candidates.

A candidate for local office may request a recount by filing a request in writing with the municipal clerk within 10 days after the election.
If the difference between the number of votes cast for a winning candidate and the number of votes cast for a losing candidate is five percent or less of the total votes cast for all the candidates for an office, divided by the number of persons to be elected, that losing candidate shall have the right to have the votes for that office recounted.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 112; 2013, No. 161 (Adj. Sess.), § 56; 2017, No. 50 , § 57.

History

Amendments--2017. Subsec. (a): Inserted "in writing" following "a request".

Subsec. (b): Substituted "five percent or less" for "less than five percent".

Amendments--2013 (Adj. Sess.). Section heading: Substituted "Request for a recount; candidates" for "Recounts".

Amendments--1979 (Adj. Sess.). Section amended generally.

§ 2684. Time and place of recount; notice.

The clerk shall fix the time and place for a recount for not less than two nor more than five days from the time the petition is received, and shall promptly notify the opposing candidates and the board of civil authority.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 113.

History

Amendments--1979 (Adj. Sess.). Inserted "and place" following "time".

§ 2685. Conduct of recount.

1. Except as provided in subdivision (2) of this subsection, at the time and place specified by the clerk, the board of civil authority shall break the seal, open the ballot container, and recount the votes pursuant to the procedure set forth in section 2685a of this subchapter and otherwise in the same manner as the votes were counted on the day of the election. (a) (1) Except as provided in subdivision (2) of this subsection, at the time and place specified by the clerk, the board of civil authority shall break the seal, open the ballot container, and recount the votes pursuant to the procedure set forth in section 2685a of this subchapter and otherwise in the same manner as the votes were counted on the day of the election.
2. When the ballot for the office is printed on index stock and configured to be readable by vote tabulator, the town clerk and board of civil authority shall conduct the recount by vote tabulator, pursuant to the procedure set forth in chapter 51, subchapter 9 of this title to the greatest extent practicable, if:
  1. the candidate who petitions for a recount requests that it be conducted by vote tabulator;
  2. the board of civil authority, at a meeting held not less than 60 days prior to a local election and warned pursuant to 24 V.S.A. § 801 , has voted to require the municipality for which it is elected to use vote tabulators in subsequent recounts; or
  3. the municipality has voted to use vote tabulators in subsequent recounts pursuant to a meeting warned for the purpose.
The petitioner, the opposing candidates, and their designated representatives may inspect the ballots and observe the recount under the guidance of the board.
The board shall certify the result to the town clerk, who shall declare the result.
After the recount, the board shall seal the ballots and other materials back in the containers and the town clerk shall safely store them as provided in section 2590 of this title.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 114; 2009, No. 40 , § 4a; 2013, No. 161 (Adj. Sess.), § 57; 2015, No. 30 , § 28, eff. May 26, 2015; 2017, No. 50 , § 58.

History

Amendments--2017. Subdiv. (a)(1): Inserted "and otherwise in the same manner as the votes were counted on the day of the election" at the end.

Subdiv. (a)(2): Substituted "town clerk" for "presiding officer".

Subsec. (c): Inserted "town" preceding "clerk".

Amendments--2015. Subsec. (a): Amended generally.

Amendments--2013 (Adj. Sess.). Section heading: Substituted "Conduct of recount" for "Inspection of ballots".

Inserted subsec. designations (a) through (d).

Subsec. (a): Inserted "pursuant to the procedure set forth in section 2685a of this subchapter" following "and recount the votes", and substituted "vote tabulator, in which case the recount shall be conducted by the presiding officer and board of civil authority pursuant to the procedure set forth in chapter 51, subchapter 9 of this title to the greatest extent practicable" for "optical scanner" at the end.

Amendments--2009. Inserted ", unless the candidate who petitions for a recount requests that the recount be conducted by optical scanner" following "votes" at the end of the first sentence.

Amendments--1979 (Adj. Sess.). Section amended generally.

§ 2685a. Procedure for recount.

Storage of ballots; assignment of duties.
1. The town clerk shall store all ballots, still in their sealed containers, in his or her vault until the day of the recount.
2. 1. The town clerk shall supervise the recount. (2) (A) The town clerk shall supervise the recount.
  2. If the town clerk is unavailable or is a candidate for the office subject to the recount, the board of civil authority shall appoint a voter of the municipality to perform the duties of the town clerk under this section.
3. 1. The board of civil authority shall appoint a sufficient number of impartial assistant election officers to perform appropriate tasks to conduct the recount. (3) (A) The board of civil authority shall appoint a sufficient number of impartial assistant election officers to perform appropriate tasks to conduct the recount.
  2. Each assistant election officer shall be appointed and sworn as set forth in section 2454 of this title.
4. , (5) [Repealed.]
Preparation for recount.
1. Before the recount begins, the town clerk shall explain the recount procedures that are to be followed and shall answer questions relating to such procedures.
2. The election officials shall recount the contents of one container before another container is opened and shall recount the contents of all the containers relating to one polling place before moving to those of another polling place.
, (d) [Repealed.]
(e) Ballot review.
1. If the election officials examining a particular ballot do not agree on how the vote on that ballot should be counted, all of the board of civil authority members present shall review the vote, and the vote shall be counted as agreed upon by a majority of those board of civil authority members.
2. A write-in vote for a preprinted candidate shall be counted as a vote for that candidate.
  (f), (g) [Repealed.]
  
  (h) Other rules for conducting the recount.
  
  (1) The town clerk shall preserve order. If a person, after notice, is persistently disorderly and refuses to withdraw from the premises, the town clerk may cause the person to be removed from the premises.
  
  (2) The town clerk shall designate an area within which the recount shall take place. Persons who are not board of civil authority members or appointed impartial election officers shall be permitted to view a recount in progress, but persons not authorized by the town clerk shall not be permitted within the area designated by the town clerk.
  
  (i) After the recount.
  
  (1) (A) Except as provided in subdivision (B) of this subdivision (1), if the recount results in a tie, a runoff election shall be conducted in accordance with section 2682b of this chapter.
  
  (B) If the recount confirms a tie as to any public question, a new election shall not be held, and the question shall be certified not to have passed.
  
  (2) [Repealed.]
  
  Added 2013, No. 161 (Adj. Sess.), § 58; amended 2017, No. 50 , § 59.

History

Amendments--2017. Section amended generally.

§ 2686. Declaration of result.

If the recount shows that a person other than the one declared elected upon the original canvass of votes has the number of votes required by law for election to office, that person shall be declared elected and shall be entitled to the office.

Added 1977, No. 269 (Adj. Sess.), § 1.

§ 2687. Appeal to Superior Court.

Within five days after the declaration of the clerk, an aggrieved candidate may appeal to the Superior Court by giving a written notice to that effect to the other candidates who appeared before the board of civil authority. The original of the notice shall be filed with the county clerk. No entry fee shall be charged in these matters. The Superior Court shall immediately issue an order directing the town clerk to transmit to the county clerk all ballots, papers, and records affecting the appeal, and fixing a time for hearing in open court or before a referee not later than five days from the making of the order. The order shall be served upon the town clerk and all other candidates who have appeared before the board. A reference may be ordered upon any or all questions. At the time and place so fixed, the matter shall be summarily heard and determined and the costs taxed as in other civil actions.

Added 1977, No. 269 (Adj. Sess.), § 1; amended 1985, No. 198 (Adj. Sess.), § 13.

History

Amendments--1985 (Adj. Sess.). Rewrote the second sentence and added the third sentence.

§ 2688. Recount on question submitted.

A registered voter or, in the case of a union school district, at least one registered voter from each member of the union district may demand a recount of ballots on any question submitted to the vote of the municipality using the Australian ballot system, if the margin by which the question passed or failed is less than five percent of the total votes cast on the question.
The request shall be filed with the municipal clerk within 10 days after the vote. The procedure shall be the same as in the case of recount of the votes cast for a candidate at an election.
The petitioner and his or her designated representative and a voter representing the other side of the question voted upon and his or her designated representative may inspect the vote and observe the recount under the guidance of the board of civil authority.
Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 115; 2013, No. 161 (Adj. Sess.), § 59.

History

Amendments--2013 (Adj. Sess.). Added the subsec. designations and in subsec. (a) substituted "A registered voter or, in the case of a union school district, at least one registered voter from each member of the union district" for "A voter" at the beginning and "the municipality" for "a town" following "submitted to the vote of".

Amendments--1979 (Adj. Sess.). Section amended generally.

§ 2689. Preservation of ballots.

In an election in which the Australian ballot system is used, the ballots shall be preserved as provided in this title in the case of general elections.

Added 1977, No. 269 (Adj. Sess.), § 1.

§ 2690. Repealed. 1979, No. 200 (Adj. Sess.), § 120.

History

Former § 2690. Former § 2690, relating to absentee ballots, was derived from 1977, No. 269 (Adj. Sess.), § 1.

CHAPTER 57. PRESIDENTIAL ELECTIONS

SUBCHAPTER 1. PRESIDENTIAL PRIMARY

SUBCHAPTER 2. DELEGATES TO NATIONAL CONVENTION; PRESIDENTIAL NOMINATIONS

SUBCHAPTER 3. NOMINATION OF ELECTORS

SUBCHAPTER 4. MEETING OF ELECTORS

Cross References

Cross references. Canvassing committee of presidential primary, see § 2607 of this title.

Conduct of elections; provisions relative to presidential election, see § 2473 of this title.

Political parties generally, see chapter 49 of this title.

Subchapter 1. Presidential Primary

History

Amendments--1995 1995, No. 38 , § 8, deleted "Preference" preceding "Primary" in the subchapter heading.

§ 2701. Presidential primary; time of holding; form of ballot.

In presidential election years, a presidential primary for each major political party shall be held in all municipalities on the first Tuesday in March. The Secretary of State shall prepare and distribute for use at the primary an official ballot for each party for which one or more candidates qualify for the placing of their names on the ballot under section 2702 of this title. Ballots shall be printed on index stock and configured to be readable by vote tabulators.

Added 1979, No. 199 (Adj. Sess.), § 1, eff. May 6, 1980; amended 1995, No. 38 , § 2; 2013, No. 161 (Adj. Sess.), § 33.

History

Amendments--2013 (Adj. Sess.). Section heading: Inserted "; form of ballot" at the end.

Added the third sentence.

Amendments--1995 Deleted "preference" preceding "primary" in the section catchline and in the first sentence, "containing separate columns for balloting for candidates" following "official ballot" in the second sentence and deleted the third sentence.

§ 2702. Nominating petition.

The name of any person shall be printed upon the primary ballot as a candidate for nomination by any major political party if petitions signed by at least 1,000 voters in accordance with sections 2353, 2354, and 2358 of this title are filed with the Secretary of State, together with the written consent of the person to the printing of the person's name on the ballot.
Petitions shall be filed not later than 5:00 p.m. on the 15th day of December preceding the primary election.
The petition shall be in a form prescribed by the Secretary of State.
A person's name shall not be listed as a candidate on the primary ballot of more than one party in the same election.
Each petition shall be accompanied by a filing fee of $2,000.00 to be paid to the Secretary of State. However, if the petition of a candidate is accompanied by the affidavit of the candidate, which shall be available for public inspection, that the candidate and the candidate's campaign committee are without sufficient funds to pay the filing fee, the Secretary of State shall waive all but $300.00 of the payment of the filing fee by that candidate.
Added 1979, No. 199 (Adj. Sess.), § 1, eff. May 6, 1980; amended 1995, No. 38 , § 3; 2011, No. 66 , § 16, eff. June 1, 2011; amended 2013, No. 1 , § 82; 2017, No. 50 , § 62.

History

Amendments--2017. Added the subsec. designations and in subsec. (b), substituted "the 15th day of December" for "the first Monday after the first Tuesday of January".

Amendments--2013. Deleted "and deposited by the secretary of state into the general fund" following "Secretary of State" at the end of the fourth sentence.

Amendments--2011. Substituted "first" for "third" preceding "Monday" and inserted "after the first Tuesday" following "Monday".

Amendments--1995 Substituted "the person's" for "his" following "printing of" in the first sentence, "$2,000.00" for "$500.00" and "the secretary of state" for "him" following "deposited by" in the fifth sentence and "which shall be available for public inspection, that the candidate and the candidate's" for "that he and his" preceding "campaign" and inserted "all but $300.00 of the" following "waive" in the sixth sentence.

§ 2703. Examining petitions; supplementary petitions.

The Secretary of State shall examine the petitions and ascertain whether they conform to the provisions of this chapter, and sections 2353, 2354, and 2358 of this title. If found not to conform, he or she shall state in writing why a particular petition cannot be accepted, and within 72 hours from receipt he or she shall return it to the candidate in whose behalf it was filed. In such case, supplementary petitions may be filed not later than 10 days after the deadline for filing petitions. However, supplementary petitions shall not be accepted if petitions with the signatures of at least 1,000 persons were not filed by the deadline for filing petitions set forth in section 2702 of this chapter.

Added 1979, No. 199 (Adj. Sess.), § 1, eff. May 6, 1980; amended 2015, No. 30 , § 29, eff. May 26, 2015.

History

Amendments--2015. Substituted "deadline" for "date" following "10 days after the" in the third sentence and "the deadline for filing petitions set forth in section 2702 of this chapter" for "5:00 p.m. on the third Monday of January preceding the primary election" in the last sentence.

§ 2704. Ballots.

A person voting at the primary shall be required to ask for the ballot of the party in which the voter wishes to vote and an election official shall record the voter's choice of ballot by marking the entrance checklist with a letter code, as designated by the Secretary of State, to indicate the voter's party choice. The names of all candidates on the ballot shall be listed in alphabetical order. Each voter may vote for one candidate for the presidential nomination of one party, either by placing a mark opposite the printed name of a candidate as in other primaries, or by writing in the name of the candidate of the voter's choice.

Added 1979, No. 199 (Adj. Sess.), § 1, eff. May 6, 1980; amended 1995, No. 38 , § 4; 2003, No. 59 , § 43.

History

Amendments--2003. Section amended generally.

Amendments--1995 Deleted "form of" preceding "ballots" in the section heading, rewrote the first sentence, and substituted "may vote" for "shall have an opportunity to vote his preference" following "each voter" in the third sentence.

§ 2705. Checklist.

The checklist for the primary shall be the checklist to be used at the annual town meeting, except that the names of residents of unorganized towns and gores shall be added to the checklist in the manner provided in section 2123 of this title and it shall be stated next to their names that they are eligible to vote in the presidential primary but not on town meeting items. Towns that do not hold an annual meeting on the first Tuesday or the Monday evening before the first Tuesday in March shall update their checklist before the election as required by chapter 43 of this title.

Added 1979, No. 199 (Adj. Sess.), § 1, eff. May 6, 1980; 1995, No. 38 , § 5.

History

Amendments--1995 Deleted "preference" preceding "primary" in two places in the first sentence.

§ 2706. Provisions applicable.

The appropriate provisions of this title shall apply to presidential primaries, unless clearly inconsistent herewith.

Added 1979, No. 199 (Adj. Sess.), § 1, eff. May 6, 1980; amended 1995, No. 38 , § 6.

History

Amendments--1995 Deleted "preference" preceding "primaries".

Subchapter 2. Delegates to National Convention; Presidential Nominations

§ 2715. Party convention to elect delegates.

The State committee of each major political party holding a national convention shall call a party convention, under rules proposed in advance and adopted by the committee, to be held during the month of May or June in each presidential election year. At the convention, delegates and alternates to the national convention of such party, to the number apportioned to this State, shall be elected by the rules adopted by each major political party.
Each major political party shall adopt rules relating to the delegates and alternates of a candidate who has withdrawn as a candidate. A declaration of withdrawal shall be made in writing and becomes effective when filed with the Secretary of State.
Each major political party shall adopt rules relating to the manner in which the delegates elected in accordance with this section shall represent, at the national convention, the voters for whom the delegates were elected.
Added 1979, No. 199 (Adj. Sess.), § 1, eff. May 6, 1980; amended 1991, No. 126 (Adj. Sess.), § 1, eff. April 10, 1992; 1995, No. 38 , § 7.

History

Amendments--1995 Designated the existing provisions of the section as subsec. (a), substituted "rules" for "regulations" preceding "proposed" and inserted "or June" following "May" in the first sentence and substituted "convention" for "conventions" following "national" and added "by the rules adopted by each major political party" following "elected" in the second sentence of that subsection and added subsecs. (b) and (c).

Amendments--1991 (Adj. Sess.) Substituted "month" for "third week" preceding "of May" in the first sentence.

§ 2716. Notification to Secretary of State.

Not later than 5:00 p.m. on the 65th day before the day of the general election, the chair of the State committee of each major political party shall certify in writing to the Secretary of State the names of the presidential and vice presidential nominees selected at the party's national convention.

Added 1979, No. 199 (Adj. Sess.), § 1, eff. May 6, 1980; amended 2013, No. 161 (Adj. Sess.), § 60; 2017, No. 50 , § 63.

History

Amendments--2017. Substituted "65th day" for "55th day" following "5:00 p.m. on the".

Amendments--2013 (Adj. Sess.). Substituted "55th day" for "47th day" following "5:00 p.m. on the" and "chair" for "chairman" following "day of the general election, the".

Subchapter 3. Nomination of Electors

§ 2721. Nomination of presidential electors.

In presidential election years, presidential electors for major political parties shall be nominated at the party platform convention held pursuant to this title. Electors for all other presidential candidates shall be nominated pursuant to chapter 49, subchapter 3 of this title.

Added 1979, No. 199 (Adj. Sess.), § 1, eff. May 6, 1980.

§ 2722. Certification of nominees for electors.

After adjournment of the platform convention of a major political party, the chair and secretary of the convention shall promptly execute a sworn statement certifying the names, towns of residence, and correct mailing addresses of the persons nominated by the convention to serve as electors, and shall promptly file the statement with the Secretary of State, along with the written consent of each person to be a nominee for elector.

Added 1979, No. 199 (Adj. Sess.), § 1, eff. May 6, 1980.

Subchapter 4. Meeting of Electors

§ 2731. Certificates of election.

When the canvassing board provided for in section 2592 of this title meets, it shall issue its certificates of election, with respect to the presidential election, to the electors nominated by the party whose candidate for president has received the greatest number of votes.

Added 1979, No. 199 (Adj. Sess.), § 1, eff. May 6, 1980.

§ 2732. Meeting of electors.

The electors shall meet at the State House on the first Monday after the second Wednesday in December next following their election, to vote for President and Vice President of the United States, agreeably to the laws of the United States. If there is a vacancy in the electoral college on that day, occasioned by death, refusal to act, neglect to attend, failure of a person elected to qualify, or for other cause, the other electors present shall at once fill such vacancy viva voce and by a plurality of votes. When all the electors appear or a vacancy therein is filled, the electors shall perform the duties required of them by the Constitution and laws of the United States. If a vacancy occurs and is filled as aforesaid, the electors shall attach to the certificate of their votes a statement showing how such a vacancy occurred and their action thereon. The electors must vote for the candidates for President and Vice President who received the greatest number of votes at the general election.

Added 1979, No. 199 (Adj. Sess.), § 1, eff. May 6, 1980.

CHAPTER 58. AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY NATIONAL POPULAR VOTE

Sec.

§ 2751. Article I - Membership.

Any state of the United States and the District of Columbia may become a member of this agreement by enacting this agreement.

Added 2011, No. 10 , § 1.

§ 2752. Article II - Right of the people in member states to vote for president and vice president.

Each member state shall conduct a statewide popular election for President and Vice President of the United States.

Added 2011, No. 10 , § 1.

§ 2753. Article III - Manner of appointing presidential electors in member states.

Prior to the time set by law for the meeting and voting by the presidential electors, the chief election official of each member state shall determine the number of votes for each presidential slate in each State of the United States and in the District of Columbia in which votes have been cast in a statewide popular election and shall add such votes together to produce a "national popular vote total" for each presidential slate.
The chief election official of each member state shall designate the presidential slate with the largest national popular vote total as the "national popular vote winner."
The presidential elector certifying official of each member state shall certify the appointment in that official's own state of the elector slate nominated in that state in association with the national popular vote winner.
At least six days before the day fixed by law for the meeting and voting by the presidential electors, each member state shall make a final determination of the number of popular votes cast in the state for each presidential slate and shall communicate an official statement of such determination within 24 hours to the chief election official of each other member state.
The chief election official of each member state shall treat as conclusive an official statement containing the number of popular votes in a state for each presidential slate made by the day established by federal law for making a state's final determination conclusive as to the counting of electoral votes by Congress.
In event of a tie for the national popular vote winner, the presidential elector-certifying official of each member state shall certify the appointment of the elector slate nominated in association with the presidential slate receiving the largest number of popular votes within that official's own state.
If, for any reason, the number of presidential electors nominated in a member state in association with the national popular vote winner is less than or greater than that state's number of electoral votes, the presidential candidate on the presidential slate that has been designated as the national popular vote winner shall have the power to nominate the presidential electors for that state and that state's presidential elector certifying official shall certify the appointment of such nominees.
The chief election official of each member state shall immediately release to the public all vote counts or statements of votes as they are determined or obtained.
This article shall govern the appointment of presidential electors in each member state in any year in which this agreement is, on July 20, in effect in states cumulatively possessing a majority of the electoral votes.
Added 2011, No. 10 , § 1.

§ 2754. Article IV - Other provisions.

This agreement shall take effect when states cumulatively possessing a majority of the electoral votes have enacted this agreement in substantially the same form and the enactments by such states have taken effect in each state.
Any member state may withdraw from this agreement, except that a withdrawal occurring six months or less before the end of a President's term shall not become effective until a President or Vice President shall have been qualified to serve the next term.
The chief executive of each member state shall promptly notify the chief executive of all other states of when this agreement has been enacted and has taken effect in that official's state, when the state has withdrawn from this agreement, and when this agreement takes effect generally.
This agreement shall terminate if the electoral college is abolished.
If any provision of this agreement is held invalid, the remaining provisions shall not be affected.
Added 2011, No. 10 , § 1.

§ 2755. Article V - Definitions.

For purposes of this agreement:

"Chief election official" shall mean the state official or body that is authorized to certify the total number of popular votes for each presidential slate.
"Chief executive" shall mean the governor of a state of the United States or the mayor of the District of Columbia.
"Elector slate" shall mean a slate of candidates who have been nominated in a state for the position of presidential elector in association with a presidential slate.
"Presidential elector" shall mean an elector for President and Vice President of the United States.
"Presidential elector certifying official" shall mean the state official or body that is authorized to certify the appointment of the state's presidential electors.
"Presidential slate" shall mean a slate of two persons, the first of whom has been nominated as a candidate for President of the United States and the second of whom has been nominated as a candidate for Vice President of the United States, or any legal successors to such persons, regardless of whether both names appear on the ballot presented to the voter in a particular state.
"State" shall mean a state of the United States and the District of Columbia; and
"Statewide popular election" shall mean a general election in which votes are cast for presidential slates by individual voters and counted on a statewide basis.
Added 2011, No. 10 , § 1.

CHAPTER 59. CAMPAIGN FINANCE

SUBCHAPTER 1. GENERAL PROVISIONS

SUBCHAPTER 2. STATE CANDIDATES

SUBCHAPTER 3. LOCAL CANDIDATES; GENERAL ASSEMBLY

SUBCHAPTER 4. POLITICAL COMMITTEES; POLITICAL PARTIES

SUBCHAPTER 5. VOLUNTARY LIMITATIONS

SUBCHAPTER 6. VERMONT CAMPAIGN FINANCE OPTION

SUBCHAPTER 7. POLITICAL ADVERTISEMENTS

SUBCHAPTER 8. ELECTIONEERING COMMUNICATIONS

Cross References

Cross references. For present campaign finance laws, see chapter 61 of this title.

Subchapter 1. General Provisions

§§ 2801-2807. Repealed. 2013, No. 90 (Adj. Sess.), § 2, eff. Jan. 23, 2014.

History

Former §§ 2801-2807. Former § 2801, relating to definitions, was derived from 1981, No. 197 (Adj. Sess.), § 1 and amended by 1987, No. 263 (Adj. Sess.), § 1; and 1997, No. 64 , § 5 and 2005, No. 62 , § 1.

Former § 2801a, relating to exceptions, was derived from 2005, No. 62 , § 2.

Former § 2802, relating to checking account; treasurer, was derived from 1981, No. 197 (Adj. Sess.), § 1, and amended by 2005, No. 62 , § 3.

Former § 2803, relating to campaign reports; forms; filing, was derived from 1981, No. 197 (Adj. Sess.), § 1, and amended by 1985, No. 198 (Adj. Sess.), §§ 14, 15, and 1987, No. 263 (Adj. Sess.), § 2, and 1997, No. 64 , § 11, and 2005, No. 62 , § 4; and 2009, No. 17 , § 1.

Former § 2804, relating to surplus campaign funds, was derived from 1981, No. 197 (Adj. Sess.), § 1, and amended by 2005, No. 62 , § 5.

Former § 2805, relating to limitations of contributions, was derived from 1981, No. 197 (Adj. Sess.), § 1, and amended by 1987, No. 263 (Adj. Sess.), § 3, and 1997, No. 64 , § 6, and 2005, No. 62 , § 6.

Former § 2805a, relating to campaign expenditure limitations; amounts, was derived from 1997, No. 64 , § 7, and amended by 2005, No. 62 , § 7.

Former § 2806, relating to penalties, was derived from 1981, No. 197 (Adj. Sess.), § 1, and amended by 1991, No. 156 (Adj. Sess.), § 3, and 1997, No. 64 , § 3.

Former § 2806a, relating to civil investigation, was derived from 2005, No. 62 , § 8.

Former § 2807, relating to new campaign accounts, was derived from 1987, No. 263 (Adj. Sess.), § 4, and amended by 2005, No. 62 , § 9.

Annotations From Former § 2801.

1. Vagueness.

Vermont Supreme Court interprets "for the purpose of . . . influencing an election" in the statute defining a political action committee (PAC) to mean "for the objective purpose of persuading someone to vote in a certain manner in an election." So construed, the definition of a PAC (and the similarly construed definition of "expenditure") is not vague under the Fourteenth Amendment. State v. Green Mt. Future, 194 Vt. 625, 86 A.3d 981 (2013).

The definitions of "political committee," "contribution," and "expenditure" in 17 V.S.A. § 2801 are not unconstitutionally vague under the Due Process Clause. The language "for the purpose of . . . influencing an election" is interpreted to mean the same as simply "supporting or opposing one or more candidates." Under this limiting construction, there is no vagueness in these definitions. Moreover, "supporting or opposing one or more candidates" is not unconstitutionally vague. Vt. Right to Life Comm., Inc. v. Sorrell, 875 F. Supp. 2d 376 (D. Vt. 2012), aff'd, 758 F.3d 118 (2d Cir. 2014), cert. denied, - U.S. - , 135 S. Ct. 949, 190 L. Ed. 2d 830 (U.S. 2015).

2. Overbreadth.

The definition of "political committee" in 17 V.S.A. § 2801 is not unconstitutionally overbroad under the First Amendment for lack of a "major purpose test." "Political committee" status does not impose onerous burdens on entities meeting the definition, and the disclosure obligations of political committees must be analyzed under an exacting scrutiny test. Vt. Right to Life Comm., Inc. v. Sorrell, 875 F. Supp. 2d 376 (D. Vt. 2012), aff'd, 758 F.3d 118 (2d Cir. 2014), cert. denied, - U.S. - , 135 S. Ct. 949, 190 L. Ed. 2d 830 (U.S. 2015).

3. Political committee.

Vermont Code defines a political committee as a group that makes certain expenditures for one of three alternative reasons: for the purpose of supporting or opposing one or more candidates, influencing an election, or advocating a position on a public question. With respect to elections of public officers, as opposed to "public question" elections, the Vermont Supreme Court reads the statute as containing two alternative elements: "for the purpose of supporting or opposing one or more candidates" and "for the purpose of . . . influencing an election." State v. Green Mt. Future, 194 Vt. 625, 86 A.3d 981 (2013).

Specifically defined phrases in the statute defining a political action committee ("supporting or opposing one or more candidates" and "advocating a position on a public question") are of a particular class: they both refer to advocacy for a vote in a particular way in an election. The Court therefore interprets the more general language "for the purpose of . . . influencing an election" to refer only to this class of advocacy; in other words, "influencing" means encouraging a vote for or against a candidate or a vote "yes" or "no" on a public question. State v. Green Mt. Future, 194 Vt. 625, 86 A.3d 981 (2013).

Cited. Landell v. Sorrell, 382 F.2d 91 (2d Cir. 2004), rev'd on other grounds sub nom. Randall v. Sorrell, 548 U.S. 230 (2006) (issue not raised on appeal).

Annotations From Former § 2803.

1. Constitutionality.

The threshold of $100, above which a political committee must disclose a donor's name, address, and date and amount of a contribution pursuant to 17 V.S.A. § 2803, is constitutional when evaluated under the "wholly without rationality" standard. Vt. Right to Life Comm., Inc. v. Sorrell, 875 F. Supp. 2d 376 (D. Vt. 2012), aff'd, 758 F.3d 118 (2d Cir. 2014), cert. denied, - U.S. - , 135 S. Ct. 949, 190 L. Ed. 2d 830 (U.S. 2015).

2. Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 491 of this title.

Annotations From Former § 2805.

1. Constitutionality.

Limits on contributions to political committees must be closely drawn to achieve a sufficiently important government interest. This distinguishes them from limits on expenditures, which are subject to strict scrutiny. The state interest supporting such contribution limits are preventing the appearance or reality of quid pro quo corruption in the relationship between a contributor and a candidate and preventing the circumvention of valid contribution limits. In an as-applied challenge to these contribution limits, the facts are vital. The issue of independence from candidates is the touchstone of the contribution limit's constitutionality. Plaintiff claimed to make only independent expenditures. However, where the facts revealed that the structural melding between the plaintiff and a political committee that makes contributions to candidates left no significant functional divide between them, the $2,000 limit on contributions the plaintiff may accept from individual sources is constitutional. Vt. Right to Life Comm., Inc. v. Sorrell, 875 F. Supp. 2d 376 (D. Vt. 2012), aff'd, 758 F.3d 118 (2d Cir. 2014), cert. denied, - U.S. - , 135 S. Ct. 949, 190 L. Ed. 2d 830 (U.S. 2015).

Limits on contributions to candidates contained in 17 V.S.A. § 2805 were unconstitutional because in their specific details (involving low maximum levels and other restrictions) they failed to satisfy the First Amendment's requirement of careful tailoring. That is to say, they imposed burdens upon First Amendment interests that (when viewed in light of the statute's legitimate objectives) were disproportionately severe. Randall v. Sorrell, 548 U.S. 230, 126 S. Ct. 2479, 165 L. Ed. 2d 482 (2006).

According to the U.S. Court of Appeals for the Second Circuit, the out-of-state contribution limit, 17 V.S.A. § 2805(c), is unconstitutional as it isolates one group of people (non-residents) and denied them the equivalent First Amendment rights enjoyed by others (Vermont residents). Landell v. Sorrell, 382 F.2d 91 (2d Cir. 2004), rev'd on other grounds sub nom. Randall v. Sorrell, 548 U.S. 230 (2006) (issue not raised on appeal).

Two thousand dollar limit on contributions to political parties and political action committees is constitutional. Landell v. Sorrell, 382 F.2d 91 (2d Cir. 2004), rev'd on other grounds sub nom. Randall v. Sorrell, 548 U.S. 230 (2006) (issue not raised on appeal).

2. Applicable law.

Given that the limits on individual campaign contributions provided in No. 64 of the Acts of 1997 were later found to be unconstitutional and that Vermont has not enacted a law to replace the unconstitutional portions of Act 64, the weight of authority favors the application of the doctrine of revival, whereby the contribution limits provided in No. 197 of the Acts of 1981 (Adj. Sess.) would be revived to replace those contribution limits found to be unconstitutional. If the prior statute is not revived, campaign contribution limits would not exist. Oxfeld v. Sorrell, 2008 U.S. Dist. LEXIS 81872 (D. Vt. Oct. 15, 2008).

Annotations From Former § 2805a.

1. Constitutionality.

In a plurality opinion, the U.S. Supreme Court concluded that the expenditure limits of 17 V.S.A. § 2805a were unconstitutional as Vermont's primary justification for imposing its expenditure limits was not significantly different from Congress' rationale for the Buckley limits, preventing corruption and its appearance. The Court held that it was highly unlikely that fuller consideration of the time protection rationale, i.e., that expenditure limits are necessary in order to reduce the amount of time candidates must spend raising money, would have changed Buckley's result. Randall v. Sorrell, 548 U.S. 230, 126 S. Ct. 2479, 165 L. Ed. 2d 482 (2006).

Annotations From Former § 2806.

1. Factors.

Trial court correctly took four factors into account in assigning defendant a penalty for violating campaign finance laws: (1) the good or bad faith of the defendant; (2) the injury to the public; (3) the defendant's ability to pay; and (4) the necessity of vindicating the authority of the regulator. State v. Green Mt. Future, 194 Vt. 625, 86 A.3d 981 (2013).

2. Decision.

While there may be factors that would allow a court in its discretion not to assign a penalty for campaign finance violations, the court needs to state explicitly that it is doing so and include its rationale for this decision. State v. Green Mt. Future, 194 Vt. 625, 86 A.3d 981 (2013).

3. Particular cases.

In deciding not to assess a penalty for defendant's violation of the disclosure requirement, the trial court did not err. It found that there was little or no harm caused; it considered deterrence and found that a $10,000 penalty for another violation was a sufficient deterrent; it applied the appropriate factors and determined that the $10,000 penalty was sufficient to meet the needs of the State to respond to defendant's failure to comply with the law; and it did not treat compliance with Internal Revenue Service requirements as a mitigating factor, but considered this in its evaluation of harm to the public and in its discussion of deterrence. State v. Green Mt. Future, 194 Vt. 625, 86 A.3d 981 (2013).

§ 2808. Repealed. 2005, No. 62, § 14.

History

Former § 2808. Former § 2808, relating to preparation of list of accumulated campaign expenditures by secretary of state, was derived from 1991, No. 156 (Adj. Sess.), § 2.

§§ 2809-2810a. Repealed. 2013, No. 90 (Adj. Sess.), § 2, eff. Jan. 23, 2014.

History

Former §§ 2809-2810a. Former § 2809, relating to accountability for related expenditures, was derived from 1997, No. 64 , § 8.

Former § 2810, relating to candidate information publication; on-line database, was derived from 1997, No. 64 , § 9.

Former § 2810a, relating to administration, was derived from 1997, No. 64 , § 10.

Annotations From Former § 2809.

1. Constitutionality.

According to the U.S. Court of Appeals for the Second Circuit, the "related expenditure" provisions of Vermont's 1997 Campaign Finance Reform Act, 17 V.S.A. § 2801 et seq., which are codified at 17 V.S.A. § 2809, are constitutional. Landell v. Sorrell, 382 F.2d 91 (2d Cir. 2004), rev'd on other grounds sub nom. Randall v. Sorrell, 548 U.S. 230 (2006) (issue not raised on appeal).

Subchapter 2. State Candidates

§ 2811. Repealed. 2013, No. 90 (Adj. Sess.), § 2, eff. Jan. 23, 2014.

History

Former § 2811. Former § 2811, relating to campaign reports; candidates for State office, the General Assembly, political committees, and political parties, was derived from 1981, No. 197 (Adj. Sess.), § 1, and amended by 1997, No. 64 , § 12, and 2005, No. 62 , § 10, and 2009, No. 73 (Adj. Sess.), § 10.

Annotations From Former § 2811.

1. Constitutionality.

"Magic words" of Buckley need not be required in a communication from a political action committee in order to uphold a registration, disclosure, or identification requirement of the type contained in the relevant Vermont statutes against either a vagueness challenge under the Fourteenth Amendment or an overbreadth challenge under the First Amendment. State v. Green Mt. Future, 194 Vt. 625, 86 A.3d 981 (2013).

2. Violation.

Defendant violated the disclosure and registration requirements pertaining to political action committees (PACs), as its advertisements, which attacked the character and fitness of a gubernatorial candidate, fit clearly into one of the specific statutory alternatives of the PAC definition: "supporting or opposing one or more candidates." State v. Green Mt. Future, 194 Vt. 625, 86 A.3d 981 (2013).

3. Harm.

Court may presume harm from a defendant's failure to make the disclosures required of a political committee, but it is not required that it must or that the violation itself constitute harm to the public. State v. Green Mt. Future, 194 Vt. 625, 86 A.3d 981 (2013).

Subchapter 3. Local Candidates; General Assembly

§§ 2821-2823. Repealed. 2013, No. 90 (Adj. Sess.), § 2, eff. Jan. 23, 2014.

History

Former §§ 2821-2823. Former § 2821, relating to campaign reports; county office candidates, was derived from 1981, No. 197 (Adj. Sess.), § 1, and amended by 1987, No. 263 (Adj. Sess.), §§ 5, 6, and 1997, No. 64 , § 13.

Former § 2822, relating to campaign reports; local candidates, was derived from 1981, No. 197 (Adj. Sess.), § 1.

Former § 2823, relating to nonfiling, was derived from 1981, No. 197 (Adj. Sess.), § 1.

Subchapter 4. Political Committees; Political Parties

§§ 2831, 2832. Repealed. 2013, No. 90 (Adj. Sess.), § 2, eff. Jan. 23, 2014.

History

Former §§ 2831-2832. Former § 2831, relating to campaign reports; political committees and parties, was derived from 1981, No. 197 (Adj. Sess.), § 1 and amended by 1985, No. 198 (Adj. Sess.), §§ 16, 17 and 1997, No. 64 , § 14 and 2005, No. 62 , § 11.

Former § 2832, relating to filing with Federal Election Commission, was derived from 1981, No. 197 (Adj. Sess.), § 1 and amended by 1997, No. 64 , § 15.

Annotations From Former § 2831.

1. Constitutionality.

Under McConnell and Citizens United , Vermont's disclosure requirements for political action committees as applied to defendant survived a basic First Amendment challenge and were not overbroad or vague under the First or Fourteenth Amendments. State v. Green Mt. Future, 194 Vt. 625, 86 A.3d 981 (2013).

Exacting scrutiny is the appropriate test for disclosure statutes; it requires a substantial relation between the disclosure requirement and a sufficiently important governmental interest. The requirement that political committees file disclosure reports is constitutional under the First Amendment. It bears a substantial relation to Vermont's sufficiently important interest in permitting Vermonters to learn of the sources of significant influence in their state's elections. Vt. Right to Life Comm., Inc. v. Sorrell, 875 F. Supp. 2d 376 (D. Vt. 2012), aff'd, 758 F.3d 118 (2d Cir. 2014), cert. denied, - U.S. - , 135 S. Ct. 949, 190 L. Ed. 2d 830 (U.S. 2015).

2. Violation.

Subchapter 5. Voluntary Limitations

§§ 2841, 2842. Repealed. 1997, No. 64, § 20, eff. Nov. 4, 1998.

History

Former §§ 2841, 2842. Former §§ 2841 and 2842, relating to voluntary limitations on campaign expenditures and campaign expenditure limitation amounts, were derived from 1991, No. 156 (Adj. Sess.), § 1.

Subchapter 6. Vermont Campaign Finance Option

§§ 2851-2855. Repealed. 2013, No. 90 (Adj. Sess.), § 2, eff. Jan. 23, 2014.

History

Former §§ 2851-2855. Former § 2851, relating to definitions, was derived from 1997, No. 64 , § 2.

Former § 2852, relating to filing of Vermont campaign finance affidavit, was derived from 1997, No. 64 , § 2 and amended by 2013, No. 1 , § 83.

Former § 2853, relating to Vermont campaign finance grants; conditions, was derived from 1997, No. 64 , § 2 and amended by 2005, No. 62 , § 12 and 2013, No. 1 , § 84.

Former § 2854, relating to qualifying contributions, was derived from 1997, No. 64 , § 2.

Former § 2855, relating to Vermont campaign finance grants; amounts; timing, was derived from 1997, No. 64 , § 2 and amended by 2013, No. 1 , § 85.

§ 2856. Repealed. 2013, No. 1, § 87(a).

History

Former § 2856. Former § 2856, relating to the Vermont campaign fund, was derived from 1997, No. 64 , § 2 and amended by 2009, No. 160 (Adj. Sess.), § 51.

Subchapter 7. Political Advertisements

History

Repeal of subchapter. 2013, No. 90 (Adj. Sess.), § 2, effective January 1, 2015, provides that this subchapter (consisting of § 2881-2883) be repealed on January 15, 2015. For present provisions relating to campaign finances, see chapter 61 of this title. This subchapter was previously repealed by 2005, No. 62 , § 14.

§§ 2881-2883. Repealed. 2005, No. 62, § 14.

History

Former §§ 2881-2883. Former §§ 2881-2883, relating to political advertisements, were derived from 1997, No. 64 , § 4.

Subchapter 8. Electioneering Communications

§§ 2891-2893. Repealed. 2013, No. 90 (Adj. Sess.), § 2, eff. Jan. 23, 2014.

History

Former §§ 2891-2893. Former § 2891, relating to definitions, was derived from 2005, No. 62 , § 13.

Former § 2892, relating to identification, was derived from 2005, No. 62 , § 13.

Former § 2893, relating to notice of expenditure, was derived from 2005, No. 62 , § 13.

Annotations From Former § 2891.

1. Vagueness.

The definition of "electioneering communication" in 17 V.S.A. § 2891 is not unconstitutionally vague under the Due Process Clause. Vt. Right to Life Comm., Inc. v. Sorrell, 875 F. Supp. 2d 376 (D. Vt. 2012), aff'd, 758 F.3d 118 (2d Cir. 2014), cert. denied, - U.S. - , 135 S. Ct. 949, 190 L. Ed. 2d 830 (U.S. 2015).

Annotations From Former § 2892.

1. Vagueness .

The phrase "on whose behalf" in 17 V.S.A. § 2892 is not unconstitutionally vague under the Due Process Clause. It provides a person of ordinary intelligence fair notice of what is prohibited. Vt. Right to Life Comm., Inc. v. Sorrell, 875 F. Supp. 2d 376 (D. Vt. 2012), aff'd, 758 F.3d 118 (2d Cir. 2014), cert. denied, - U.S. - , 135 S. Ct. 949, 190 L. Ed. 2d 830 (U.S. 2015).

2. Overbreadth.

The identification requirements for electioneering communications in 17 V.S.A. § 2892 are not unconstitutionally overbroad under the First Amendment. There is no requirement that identification laws conform to federal statutes approved by the U.S. Supreme Court. The identification law promotes the substantial State interest in increasing the transparency of the sources of candidate support. The burden on speakers to comply with the law is minimal, and Vermont further limits the impact of the regulation by exempting small-scale electioneering items - lapel stickers and buttons - and individual electioneers who spend less than $150 in an election cycle. The requirements pass exacting scrutiny. Vt. Right to Life Comm., Inc. v. Sorrell, 875 F. Supp. 2d 376 (D. Vt. 2012), aff'd, 758 F.3d 118 (2d Cir. 2014), cert. denied, - U.S. - , 135 S. Ct. 949, 190 L. Ed. 2d 830 (U.S. 2015).

Annotations From Former § 2893.

1. Vagueness .

The reporting requirements for mass media activity expenditures in 17 V.S.A. § 2893 are not unconstitutionally vague under the Due Process Clause. The phrase "relating to" in the reporting requirement provides a person of ordinary intelligence fair notice of what is prohibited. Vt. Right to Life Comm., Inc. v. Sorrell, 875 F. Supp. 2d 376 (D. Vt. 2012), aff'd, 758 F.3d 118 (2d Cir. 2014), cert. denied, - U.S. - , 135 S. Ct. 949, 190 L. Ed. 2d 830 (U.S. 2015).

2. Overbreadth .

Exacting scrutiny is the proper standard of review for disclosure statutes. The disclosure requirements for mass media activity expenditures under 17 V.S.A. § 2893 are not unconstitutionally overbroad under the First Amendment. The twenty-four-hour reporting rule is properly tailored to the State's interest in allowing voters to determine the sources of campaign spending. In total, the law's burdens are minimal. Vt. Right to Life Comm., Inc. v. Sorrell, 875 F. Supp. 2d 376 (D. Vt. 2012), aff'd, 758 F.3d 118 (2d Cir. 2014), cert. denied, - U.S. - , 135 S. Ct. 949, 190 L. Ed. 2d 830 (U.S. 2015).

CHAPTER 61. CAMPAIGN FINANCE

SUBCHAPTER 1. GENERAL PROVISIONS

SUBCHAPTER 2. REGISTRATION AND MAINTENANCE REQUIREMENTS

SUBCHAPTER 3. CONTRIBUTION LIMITATIONS

SUBCHAPTER 4. REPORTING REQUIREMENTS; DISCLOSURES

SUBCHAPTER 5. PUBLIC FINANCING OPTION

Subchapter 1. General Provisions

§ 2901. Definitions.

As used in this chapter:

"Candidate" means an individual who has taken affirmative action to become a candidate for State, county, local, or legislative office in a primary, special, general, or local election. An affirmative action shall include one or more of the following:
1. accepting contributions or making expenditures totaling $500.00 or more;
2. filing the requisite petition for nomination under this title or being nominated by primary or caucus; or
3. announcing that the individual seeks an elected position as a State, county, or local officer or a position as Representative or Senator in the General Assembly.
"Candidate's committee" means the candidate's campaign staff, whether paid or unpaid.
"Clearly identified," with respect to a candidate, means:
1. the name of the candidate appears;
2. a photograph or drawing of the candidate appears; or
3. the identity of the candidate is apparent by unambiguous reference.
"Contribution" means a payment, distribution, advance, deposit, loan, or gift of money or anything of value, paid or promised to be paid for the purpose of influencing an election, advocating a position on a public question, or supporting or opposing one or more candidates in any election. As used in this chapter, "contribution" shall not include any of the following:
1. a personal loan of money to a candidate from a lending institution made in the ordinary course of business;
2. services provided without compensation by individuals volunteering their time on behalf of a candidate, political committee, or political party;
3. unreimbursed travel expenses paid for by an individual for himself or herself who volunteers personal services to a candidate;
4. unreimbursed campaign-related travel expenses paid for by the candidate or the candidate's spouse;
5. the use by a candidate or volunteer of his or her own personal property, including offices, telephones, computers, and similar equipment;
6. the use of a political party's offices, telephones, computers, and similar equipment;
7. the payment by a political party of the costs of preparation, display, or mailing or other distribution of a party candidate listing;
8. documents, in printed or electronic form, including party platforms, single copies of issue papers, information pertaining to the requirements of this title, lists of registered voters, and voter identification information created, obtained, or maintained by a political party for the general purpose of party building and provided to a candidate who is a member of that party or to another political party;
9. compensation paid by a political party to its employees whose job responsibilities are not for the specific and exclusive benefit of a single candidate in any election;
10. compensation paid by a political party to its employees or consultants for the purpose of providing assistance to another political party;
11. campaign training sessions provided to three or more candidates;
12. costs paid for by a political party in connection with a campaign event at which three or more candidates are present; or
13. activity or communication designed to encourage individuals to register to vote or to vote if that activity or communication does not mention or depict a clearly identified candidate.
"Election" means the procedure whereby the voters of this State or any of its political subdivisions select a person to be a candidate for public office or to fill a public office or to act on public questions, including voting on constitutional amendments. Each primary, general, special, or local election shall constitute a separate election.
"Electioneering communication" means any communication that refers to a clearly identified candidate for office and that promotes or supports a candidate for that office or attacks or opposes a candidate for that office, regardless of whether the communication expressly advocates a vote for or against a candidate, including communications published in any newspaper or periodical or broadcast on radio or television or over the Internet or any public address system; placed on any billboards, outdoor facilities, buttons, or printed material attached to motor vehicles, window displays, posters, cards, pamphlets, leaflets, flyers, or other circulars; or contained in any direct mailing, robotic phone calls, or mass electronic or digital communications.
"Expenditure" means a payment, disbursement, distribution, advance, deposit, loan, or gift of money or anything of value, paid or promised to be paid, for the purpose of influencing an election, advocating a position on a public question, or supporting or opposing one or more candidates.
1. Expenditures may include those expenses that are necessary to allow a candidate to campaign, such as expenses for the care of a dependent family member that are incurred as a direct result of campaign activity.
  As used in this chapter, "expenditure" shall not include any of the following:
  
  a personal loan of money to a candidate from a lending institution made in the ordinary course of business;
  
  services provided without compensation by individuals volunteering their time on behalf of a candidate, political committee, or political party;
  
  unreimbursed travel expenses paid for by an individual for himself or herself who volunteers personal services to a candidate; or
  
  unreimbursed campaign-related travel expenses paid for by the candidate or the candidate's spouse.
"Four-year general election cycle" means the 48-month period that begins 38 days after a general election for a four-year-term office.
"Full name" means an individual's full first name, middle name or initial, if any, and full legal last name, making the identity of the person who made the contribution apparent by unambiguous reference.
"Independent expenditure-only political committee" means a political committee that conducts its activities entirely independent of candidates; does not give contributions to candidates, political committees, or political parties; does not make related expenditures; and is not closely related to a political party or to a political committee that makes contributions to candidates or makes related expenditures.
"Mass media activity" means a television commercial, radio commercial, Internet advertisement, mass mailing, mass electronic or digital communication, literature drop, newspaper or periodical advertisement, robotic phone call, or telephone bank, that includes the name or likeness of a clearly identified candidate for office.
"Party candidate listing" means any communication by a political party that:
1. lists the names of at least three candidates for election to public office;
2. is distributed through public advertising such as broadcast stations, cable television, newspapers, and similar media or through direct mail, telephone, electronic mail, a publicly accessible site on the Internet, or personal delivery;
3. treats all candidates in the communication in a substantially similar manner; and
4. is limited to:
  1. the identification of each candidate, with which pictures may be used;
  2. the offices sought;
  3. the offices currently held by the candidates;
  4. the party affiliation of the candidates and a brief statement about the party or the candidates' positions, philosophy, goals, accomplishments, or biographies;
  5. encouragement to vote for the candidates identified; and
  6. information about voting, such as voting hours and locations.
"Political committee" or "political action committee" means any formal or informal committee of two or more individuals or a corporation, labor organization, public interest group, or other entity, not including a political party, that accepts contributions of $1,000.00 or more and makes expenditures of $1,000.00 or more in any two-year general election cycle for the purpose of supporting or opposing one or more candidates, influencing an election, or advocating a position on a public question in any election, and includes an independent expenditure-only political committee and a legislative leadership political committee.
"Political party" means a political party organized under chapter 45 of this title and any committee established, financed, maintained, or controlled by the party, including any subsidiary, branch, or local unit thereof, and shall be considered a single, unified political party. The national affiliate of the political party shall be considered a separate political party.
"Public question" means an issue that is before the voters for a binding decision.
"Single source" means an individual, partnership, corporation, association, labor organization, or any other organization or group of persons that is not a political committee or political party.
"Telephone bank" means more than 500 telephone calls of an identical or substantially similar nature that are made to the general public within any 30-day period.
"Two-year general election cycle" means the 24-month period that begins 38 days after a general election.
"Legislative leadership political committee" means a political committee established by or on behalf of a political party caucus within a chamber of the General Assembly.
Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014; amended 2015, No. 49 , § 9; 2017, No. 129 (Adj. Sess.), § 1, eff. May 16, 2018; 2021, No. 8 , § 1, eff. April 13, 2021; 2021, No. 8 , § 1, eff. April 13, 2021.

History

Amendments--2021. Subdiv. (7): Added subdiv. (A) and redesignated former intro. para. as subdiv. (B) and former subdivs. (A) through (D) as present subdivs. (B)(i) through (B)(iv).

Amendments--2017 (Adj. Sess.) Subdiv. (6): Substituted "electronic or digital communications" for "e-mails" at the end.

Subdiv. (11): Inserted "Internet advertisement," preceding "mass mailing".

Amendments--2015. Subdiv. (13): Added "and a legislative leadership political committee" following "independent expenditure-only political committee".

Subdiv. (19): Added.

ANNOTATIONS

1. Constitutionality.

Vermont's public election financing system, including the contribution limit, expenditure limit, and the timing restrictions did not violate the First Amendment rights of candidates, their supporters, or political parties as, given the free choice to accept the grants and restrictions that public financing entails or to engage in unlimited private fundraising, candidates cannot complain that electing the former course burdens their rights. Corren v. Condos, 898 F.3d 209 (2d Cir. 2018).

Campaign financing definition of expenditures that included supporting or opposing a candidate and influencing an election was not unconstitutionally vague since the disclosure requirements for expenditures were not limited to speech that was the functional equivalent of express advocacy. Vt. Right to Life Comm., Inc. v. Sorrell, 758 F.3d 118 (2d Cir. 2014), cert. denied, Vt. Right to Life Comm., Inc. v. Sorrell, 2015 U.S. LEXIS 119 (U.S. Jan. 12, 2015).

Campaign financing definition of political committee that included supporting or opposing a candidate and influencing an election was not unconstitutionally vague, since the definition was sufficiently precise in not requiring identification of a specific candidate and extending beyond express advocacy. Vt. Right to Life Comm., Inc. v. Sorrell, 758 F.3d 118 (2d Cir. 2014), cert. denied, Vt. Right to Life Comm., Inc. v. Sorrell, 2015 U.S. LEXIS 119 (U.S. Jan. 12, 2015).

Campaign financing definition of "electioneering communications" was not unconstitutionally vague since the acts of promoting, supporting, attacking, or opposing a candidate clearly set forth confines within which potential speakers must act in order to avoid triggering the disclosure provisions. Vt. Right to Life Comm., Inc. v. Sorrell, 758 F.3d 118 (2d Cir. 2014), cert. denied, Vt. Right to Life Comm., Inc. v. Sorrell, 2015 U.S. LEXIS 119 (U.S. Jan. 12, 2015).

Disclosure and identification requirements for electioneering communications did not violate freedom of speech since application of requirements was not limited to express advocacy, and there was a substantial public interest in information related to elections. Vt. Right to Life Comm., Inc. v. Sorrell, 758 F.3d 118 (2d Cir. 2014), cert. denied, Vt. Right to Life Comm., Inc. v. Sorrell, 2015 U.S. LEXIS 119 (U.S. Jan. 12, 2015).

§ 2902. Exceptions.

The definitions of "contribution," "expenditure," and "electioneering communication" shall not apply to:

any news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication that has not been paid for or such facilities are not owned or controlled by any political party, committee, or candidate; or
any communication distributed through a public access television station if the communication complies with the laws and rules governing the station and if all candidates in the race have an equal opportunity to promote their candidacies through the station.
Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014.

§ 2903. Penalties.

A person who knowingly and intentionally violates a provision of subchapter 2, 3, or 4 of this chapter shall be fined not more than $1,000.00 or imprisoned not more than six months, or both.
A person who violates any provision of this chapter shall be subject to a civil penalty of up to $10,000.00 for each violation and shall refund to the Secretary of State an amount equivalent to any contributions or expenditures that violate subdivision 2983(b)(1) of this chapter.
In addition to the other penalties provided in this section, a State's Attorney or the Attorney General may institute any appropriate action, injunction, or other proceeding to prevent, restrain, correct, or abate any violation of this chapter.
Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014; amended 2015, No. 30 , § 29a, eff. May 26, 2015.

History

Amendments--2015. Subsec. (b): Substituted "to the Secretary of State an amount equivalent to any contributions or expenditures that violate subdivision 2983(b)(1) of this chapter" for "the unspent balance of Vermont campaign finance grants received under subchapter 5 of this chapter, if any, calculated as of the date of the violation" following "shall refund".

§ 2904. Civil investigation.

1. The Attorney General or a State's Attorney, whenever he or she has reason to believe any person to be or to have been in violation of this chapter or of any rule made pursuant to this chapter, may examine or cause to be examined by any agent or representative designated by him or her for that purpose any books, records, papers, memoranda, or physical objects of any nature bearing upon each alleged violation and may demand written responses under oath to questions bearing upon each alleged violation. (a) (1) The Attorney General or a State's Attorney, whenever he or she has reason to believe any person to be or to have been in violation of this chapter or of any rule made pursuant to this chapter, may examine or cause to be examined by any agent or representative designated by him or her for that purpose any books, records, papers, memoranda, or physical objects of any nature bearing upon each alleged violation and may demand written responses under oath to questions bearing upon each alleged violation.
2. The Attorney General or a State's Attorney may require the attendance of such person or of any other person having knowledge in the premises in the county where such person resides or has a place of business or in Washington County if such person is a nonresident or has no place of business within the State and may take testimony and require proof material for his or her information and may administer oaths or take acknowledgment in respect of any book, record, paper, or memorandum.
3. The Attorney General or a State's Attorney shall serve notice of the time, place, and cause of such examination or attendance or notice of the cause of the demand for written responses personally or by certified mail upon such person at his or her principal place of business or, if such place is not known, to his or her last known address. Such notice shall include a statement that a knowing and intentional violation of subchapters 2 through 4 of this chapter is subject to criminal prosecution.
4. Any book, record, paper, memorandum, or other information produced by any person pursuant to this section shall not, unless otherwise ordered by a court of this State for good cause shown, be disclosed to any person other than the authorized agent or representative of the Attorney General or a State's Attorney or another law enforcement officer engaged in legitimate law enforcement activities unless with the consent of the person producing the same, except that any transcript of oral testimony, written responses, documents, or other information produced pursuant to this section may be used in the enforcement of this chapter, including in connection with any civil action brought under section 2903 of this subchapter or subsection (c) of this section.
5. Nothing in this subsection is intended to prevent the Attorney General or a State's Attorney from disclosing the results of an investigation conducted under this section, including the grounds for his or her decision as to whether to bring an enforcement action alleging a violation of this chapter or of any rule made pursuant to this chapter.
6. This subsection shall not be applicable to any criminal investigation or prosecution brought under the laws of this or any state.
1. A person upon whom a notice is served pursuant to the provisions of this section shall comply with its terms unless otherwise provided by the order of a court of this State. (b) (1) A person upon whom a notice is served pursuant to the provisions of this section shall comply with its terms unless otherwise provided by the order of a court of this State.
2. Any person who, with intent to avoid, evade, or prevent compliance, in whole or in part, with any civil investigation under this section, removes from any place; conceals, withholds, or destroys; or mutilates, alters, or by any other means falsifies any documentary material in the possession, custody, or control of any person subject to such notice or mistakes or conceals any information shall be fined not more than $5,000.00.
1. Whenever any person fails to comply with any notice served upon him or her under this section or whenever satisfactory copying or reproduction of any such material cannot be done and the person refuses to surrender the material, the Attorney General or a State's Attorney may file, in the Superior Court in the county in which the person resides or has his or her principal place of business or in Washington County if the person is a nonresident or has no principal place of business in this State, and serve upon the person a petition for an order of the court for the enforcement of this section. (c) (1) Whenever any person fails to comply with any notice served upon him or her under this section or whenever satisfactory copying or reproduction of any such material cannot be done and the person refuses to surrender the material, the Attorney General or a State's Attorney may file, in the Superior Court in the county in which the person resides or has his or her principal place of business or in Washington County if the person is a nonresident or has no principal place of business in this State, and serve upon the person a petition for an order of the court for the enforcement of this section.
2. Whenever any petition is filed under this section, the court shall have jurisdiction to hear and determine the matter so presented and to enter any order or orders as may be required to carry into effect the provisions of this section. Any disobedience of any order entered under this section by any court shall be punished as a contempt of the court.
Any person aggrieved by a civil investigation conducted under this section may seek relief from Washington Superior Court or the Superior Court in the county in which the aggrieved person resides. Except for cases the court considers to be of greater importance, proceedings before Superior Court as authorized by this section shall take precedence on the docket over all other cases.
Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014; 2017, No. 50 , § 64; 2017, No. 79 , § 5, eff. June 14, 2017.

History

Amendments--2017. Subdivs. (a)(1) and (a)(5): Act Nos. 50 and 79 deleted "or regulation" following "any rule".

§ 2904a. Reports to the State Ethics Commission.

Upon receipt of a complaint made in regard to a violation of this chapter or of any rule made pursuant to this chapter, the Attorney General or a State's Attorney shall:

Forward a copy of the complaint to the State Ethics Commission established in 3 V.S.A. chapter 31. The Attorney General or State's Attorney shall provide this information to the Commission within 10 days of his or her receipt of the complaint.
File a report with the Commission regarding his or her decision as to whether to bring an enforcement action as a result of that complaint. The Attorney General or State's Attorney shall make this report within 10 days of that decision.
Added 2017, No. 79 , § 6, eff. Jan. 1, 2018.

§ 2905. Adjustments for inflation.

1. Whenever it is required by this chapter, the Secretary of State shall make adjustments to monetary amounts provided in this chapter based on the Consumer Price Index. Increases shall be rounded to the nearest $10.00 and shall apply for the term of two two-year general election cycles. Increases shall be effective for the first two-year general election cycle beginning after the general election held in 2016. (a) (1) Whenever it is required by this chapter, the Secretary of State shall make adjustments to monetary amounts provided in this chapter based on the Consumer Price Index. Increases shall be rounded to the nearest $10.00 and shall apply for the term of two two-year general election cycles. Increases shall be effective for the first two-year general election cycle beginning after the general election held in 2016.
2. As used in this section, Consumer Price Index shall mean the Northeast Region Consumer Price Index for all urban consumers, designated as "CPI-U," in the northeast region, as published by the U.S. Department of Labor, Bureau of Labor Statistics.
On or before the first two-year general election cycle beginning after the general election held in 2016, the Secretary of State shall calculate and publish on the online database set forth in section 2906 of this chapter each adjusted monetary amount that will apply to those two two-year general election cycles. On or before the beginning of each second subsequent two-year general election cycle, the Secretary of State shall publish the amount of each adjusted monetary amount that shall apply for that two-year general election cycle and the next two-year general election cycle.
Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014; amended 2015, No. 30 , § 30, eff. May 26, 2015.

History

Amendments--2015. Subsec. (a): Added the subdiv. (1) designation and subdiv. (2).

§ 2906. Campaign database; candidate information web page.

Campaign database. For each election, the Secretary of State shall develop and continually update a publicly accessible campaign database, which shall be made available to the public through the Secretary of State's home page online service or through printed reports from the Secretary of State in response to a public request within 14 days of the date of the request. The database shall contain:
1. at least the following information for all candidates for statewide, county, and local office and for the General Assembly:
  1. for candidates receiving public financing grants, the amount of each grant awarded; and
  2. the information contained in any reports submitted pursuant to subchapter 4 of this chapter;
2. an Internet link to campaign finance reports filed by Vermont's candidates for federal office;
3. the adjustments for inflation made to monetary amounts as required by this chapter; and
4. any photographs, biographical sketches, and position statements submitted to the Secretary of State pursuant to subsection (b) of this section.
Candidate information web page.
1. Any candidate for statewide office and any candidate for federal office qualified to be on the ballot in this State may submit to the Secretary of State a photograph, biographical sketch, and position statement of a length and format specified by the Secretary of State for the purposes of preparing a candidate information web page within the website of the Secretary of State.
2. Without making any substantive changes in the material presented, the Secretary of State shall prepare a candidate information web page on the Secretary of State's website that includes the candidates' photographs, biographies, and position statements; a brief explanation of the process used to obtain candidate submissions; and, with respect to offices for which public financing is available, an indication of which candidates are receiving Vermont campaign finance grants and which candidates are not receiving Vermont campaign finance grants.
3. The Secretary of State shall populate the candidate information web page by posting each candidate's submission no later than three business days after receiving the candidate's submission.
  Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014.

§ 2907. Administration.

The Secretary of State shall administer this chapter and shall perform all duties required under this chapter. The Secretary of State may employ or contract for the services of persons necessary for performance of these duties.

Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014.

Subchapter 2. Registration and Maintenance Requirements

§ 2921. Candidates; registration; checking account; treasurer.

Each candidate who has made expenditures or accepted contributions of $500.00 or more in an election cycle shall register with the Secretary of State within 10 days of reaching the $500.00 threshold or on the date that the next report is required of the candidate under this chapter, whichever occurs first, stating his or her full name and address; the office the candidate is seeking; the name and address of the bank in which the candidate maintains his or her campaign checking account; and the name and address of the treasurer responsible for maintaining the checking account. A candidate's treasurer may be the candidate or his or her spouse.
All expenditures by a candidate shall be paid by either a credit card or a debit card, check, or other electronic transfer from the single campaign checking account in the bank designated by the candidate under subsection (a) of this section, or, if under $250.00, the candidate may make the expenditure from cash from that campaign checking account if accompanied by a receipt, a copy of which shall be maintained by the candidate for at least two years from the end of the election cycle in which the expenditure was made. Nothing in this subsection shall be construed to prohibit the payment of fees required to be made from a separately held online account designated solely to collect campaign contributions made to the candidate.
As used in this section, "election cycle" means:
1. in the case of a general or local election, the period that begins 38 days after the previous general or local election for the office and ends 38 days after the general or local election for the office for which that person is a candidate, and includes any primary or run-off election related to that general or local election; or
2. in the case of a special election, the period that begins on the date the special election for the office was ordered and ends 38 days after that special election, and includes any special primary or run-off election related to that special election.
  Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014.

§ 2922. Political committees; registration; checking account; treasurer.

1. Each political committee shall register with the Secretary of State within 10 days of making expenditures of $1,000.00 or more and accepting contributions of $1,000.00 or more stating its full name and address; the name and address of the bank in which it maintains its campaign checking account; and the name and address of the treasurer responsible for maintaining the checking account. (a) (1) Each political committee shall register with the Secretary of State within 10 days of making expenditures of $1,000.00 or more and accepting contributions of $1,000.00 or more stating its full name and address; the name and address of the bank in which it maintains its campaign checking account; and the name and address of the treasurer responsible for maintaining the checking account.
2. 1. In addition to the requirements of subdivision (1) of this subsection, a legislative leadership political committee shall designate in its registration that it is established as a legislative leadership political committee. (2) (A) In addition to the requirements of subdivision (1) of this subsection, a legislative leadership political committee shall designate in its registration that it is established as a legislative leadership political committee.
  2. The Secretary of State shall provide on his or her website a list of all legislative leadership political committees that have been designated as provided in this subdivision (2).
All expenditures by a political committee shall be paid by either a credit card or a debit card, check, or other electronic transfer from the single campaign checking account in the bank designated by the political committee under subsection (a) of this section, or, if under $250.00, the political committee may make the expenditure from cash from that campaign checking account if accompanied by a receipt, a copy of which shall be maintained by the political committee for at least two years from the end of the two-year general election cycle in which the expenditure was made. Nothing in this subsection shall be construed to prohibit the payment of fees required to be made from a separately held online account designated solely to collect campaign contributions made to the political committee.
A political committee whose principal place of business or whose treasurer is not located in this State shall file a statement with the Secretary of State designating a person who resides in this State upon whom may be served any process, notice, or demand required or permitted by law to be served upon the political committee. This statement shall be filed at the same time as the registration required in subsection (a) of this section.
Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014; amended 2015, No. 49 , § 10.

History

Transitional provision; existing legislative leadership political committees. 2015, No. 49 , § 11 provides: "(a) A legislative leadership political committee in existence immediately prior to the effective date of this act shall update its registration with the Secretary of State as provided in Sec. 10, 17 V.S.A. § 2922(a)(2), of this act on or before July 15, 2015.

"(b) As used in this section, 'legislative leadership political committee' shall have the same meaning as set forth in Sec. 9, 17 V.S.A. § 2901(19), of this act.

Amendments--2015. Subdiv. (a): Added the subdiv. (1) designation and added subdiv. (2).

§ 2923. Political parties; registration; checking accounts; treasurer.

1. Each political party that has accepted contributions or made expenditures of $1,000.00 or more in any two-year general election cycle shall register with the Secretary of State within 10 days of reaching the $1,000.00 threshold. In its registration, the party shall state its full name and address, the name and address of the bank in which it maintains its campaign checking account, and the name and address of the treasurer responsible for maintaining the checking account. (a) (1) Each political party that has accepted contributions or made expenditures of $1,000.00 or more in any two-year general election cycle shall register with the Secretary of State within 10 days of reaching the $1,000.00 threshold. In its registration, the party shall state its full name and address, the name and address of the bank in which it maintains its campaign checking account, and the name and address of the treasurer responsible for maintaining the checking account.
2. A political party may permit any subsidiary, branch, or local unit of the political party to maintain its own checking account. If a subsidiary, branch, or local unit of a political party is so permitted, it shall file with the Secretary of State within five days of establishing the checking account its full name and address, the name of the political party, the name and address of the bank in which it maintains its campaign checking account, and the name and address of the treasurer responsible for maintaining the checking account.
All expenditures by a political party or its subsidiary, branch, or local unit shall be paid by either a credit card or a debit card, check, or other electronic transfer from the single campaign checking account in the bank designated by the political party, subsidiary, branch, or local unit under subsection (a) of this section, or if under $250.00, the political party, subsidiary, branch, or local unit may make the expenditure from cash from that campaign checking account if accompanied by a receipt, a copy of which shall be maintained by the political party, subsidiary, branch, or local unit for at least two years from the end of the two-year general election cycle in which the expenditure was made. Nothing in this subsection shall be construed to prohibit the payment of fees required to be made from a separately held online account designated solely to collect campaign contributions made to the political party, subsidiary, branch, or local unit.
A political party or its subsidiary, branch, or local unit whose principal place of business or whose treasurer is not located in this State shall file a statement with the Secretary of State designating a person who resides in this State upon whom may be served any process, notice, or demand required or permitted by law to be served upon the political party, subsidiary, branch, or local unit. This statement shall be filed at the same time as the registration required in subsection (a) of this section.
Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014.

§ 2924. Candidates; surplus campaign funds; new campaign accounts.

A candidate who has surplus funds after all campaign debts have been paid shall not convert the surplus to personal use, other than to reduce personal campaign debts or as otherwise provided in this chapter.
Surplus funds in a candidate's account shall be:
1. contributed to other candidates, political parties, or political committees subject to the contribution limits set forth in this chapter;
2. contributed to a charity;
3. contributed to the Secretary of State Services Fund;
4. rolled over into a new campaign or be carried forward for surplus maintenance as provided in subsection (d) of this section; or
5. liquidated using a combination of the provisions set forth in subdivisions (1)-(4) of this subsection.
The "final report" of a candidate shall indicate the amount of the surplus and how it has been liquidated.
1. 1. A candidate who chooses to roll over any surplus into a new campaign for public office shall close out his or her former campaign by converting all debts and assets to the new campaign. (d) (1) (A) A candidate who chooses to roll over any surplus into a new campaign for public office shall close out his or her former campaign by converting all debts and assets to the new campaign.
  2. A candidate who does not intend to be a candidate in a subsequent election but who chooses to carry forward any surplus shall maintain that surplus by closing out his or her former campaign and converting all debts and assets to surplus maintenance.
2. The candidate may use his or her former campaign's treasurer and bank account for the new campaign under subdivision (1)(A) of this subsection or the maintenance of surplus under subdivision (1)(B) of this subsection. A candidate shall be required to file a new bank designation form only if there has been a change in the treasurer or the location of the campaign account.
  Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014.

§ 2925. Political committees; surplus campaign funds.

A member of a political committee that has surplus funds after all campaign debts have been paid shall not convert the surplus to personal use.
Surplus funds in a political committee's account shall be:
1. contributed to other candidates, political parties, or political committees subject to the contribution limits set forth in this chapter;
2. contributed to a charity;
3. contributed to the Secretary of State Services Fund; or
4. liquidated using a combination of the provisions set forth in subdivisions (1)-(3) of this subsection.
The "final report" of a political committee shall indicate the amount of the surplus and how it has been liquidated.
Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014.

Subchapter 3. Contribution Limitations

§ 2941. Limitations of contributions.

In any election cycle:
1. 1. A candidate for State Representative or for local office shall not accept contributions totaling more than: (1) (A) A candidate for State Representative or for local office shall not accept contributions totaling more than:
    1. $1,000.00 from a single source; or
    2. $1,000.00 from a political committee.
  2. Such a candidate may accept unlimited contributions from a political party.
2. 1. A candidate for State Senator or for county office shall not accept contributions totaling more than: (2) (A) A candidate for State Senator or for county office shall not accept contributions totaling more than:
    1. $1,500.00 from a single source; or
    2. $1,500.00 from a political committee.
  2. Such a candidate may accept unlimited contributions from a political party.
3. 1. A candidate for the office of Governor, Lieutenant Governor, Secretary of State, State Treasurer, Auditor of Accounts, or Attorney General shall not accept contributions totaling more than: (3) (A) A candidate for the office of Governor, Lieutenant Governor, Secretary of State, State Treasurer, Auditor of Accounts, or Attorney General shall not accept contributions totaling more than:
    1. $4,000.00 from a single source; or
    2. $4,000.00 from a political committee.
  2. Such a candidate may accept unlimited contributions from a political party.
4. A political committee shall not accept contributions totaling more than:
  1. $4,000.00 from a single source;
  2. $4,000.00 from a political committee; or
  3. $4,000.00 from a political party.
5. A political party shall not accept contributions totaling more than:
  1. $10,000.00 from a single source;
  2. $10,000.00 from a political committee; or
  3. $60,000.00 from a political party.
6. [Repealed.]
A single source, political committee, or political party shall not contribute more to a candidate, political committee, or political party than the candidate, political committee, or political party is permitted to accept under this section.
As used in this section:
1. For a candidate described in subdivisions (a)(1)-(3) of this section, an "election cycle" means:
  1. in the case of a general or local election, the period that begins 38 days after the previous general or local election for the office and ends 38 days after the general or local election for the office for which that person is a candidate, and includes any primary or run-off election related to that general or local election; or
  2. in the case of a special election, the period that begins on the date the special election for the office was ordered and ends 38 days after that special election, and includes any special primary or run-off election related to that special election.
2. For a political committee, political party, or single source described in subdivisions (4)-(6) of subsection (a), an "election cycle" means a two-year general election cycle.
  Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 1, 2015; amended 2015, No. 30 , § 31, eff. May 26, 2015.

History

Amendments--2015. Subdiv. (a)(6): Repealed.

Contingent effective date of subdiv. (a)(6). 2013, No. 90 (Adj. Sess.), § 8(a)(2) and (3) provide that this section shall take effect on January 1, 2015, except subdiv. (a)(6) which shall not take effect any sooner than January 1, 2015 and until the final disposition, including all appeals, of McCutcheon v. Federal Election Commission, No. 12cv1034 (D.D.C. Sept. 28, 2012) is determined, and shall not take effect at all if that final disposition holds that aggregate limits on contributions from single sources are unconstitutional.

Applicability of subdiv. (a)(4). 2013, No. 90 (Adj. Sess.), § 8(b) provides: "The provisions of 17 V.S.A. § 2941(a)(4) (limitations of contributions; limits on contributions to political committees) in Sec. 3 of this act shall not apply to independent expenditure-only political committees, except that those provisions shall apply to independent expenditure-only political committees if the final disposition of a case before the U.S. Court of Appeals for the Second Circuit or the U.S. Supreme Court holds that limits on contributions to independent expenditure-only political committees are constitutional."

ANNOTATIONS

1. Constitutionality.

§ 2942. Exceptions.

The contribution limitations established by this subchapter shall not apply to contributions to a political committee made for the purpose of advocating a position on a public question, including a constitutional amendment.

Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014.

§ 2943. Limitations adjusted for inflation.

The contribution limitations contained in this subchapter shall be adjusted for inflation pursuant to the Consumer Price Index as provided in section 2905 of this chapter.

Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014.

§ 2944. Accountability for related expenditures.

A related campaign expenditure made on a candidate's behalf shall be considered a contribution to the candidate on whose behalf it was made.
As used in this section, a "related campaign expenditure made on the candidate's behalf" means any expenditure intended to promote the election of a specific candidate or group of candidates or the defeat of an opposing candidate or group of candidates, if intentionally facilitated by, solicited by, or approved by the candidate or the candidate's committee.
1. An expenditure made by a political party or by a political committee that recruits or endorses candidates that primarily benefits six or fewer candidates who are associated with the political party or political committee making the expenditure is presumed to be a related expenditure made on behalf of those candidates, except that the acquisition, use, or dissemination of the images of those candidates by the political party or political committee shall not be presumed to be a related expenditure made on behalf of those candidates. (c) (1) An expenditure made by a political party or by a political committee that recruits or endorses candidates that primarily benefits six or fewer candidates who are associated with the political party or political committee making the expenditure is presumed to be a related expenditure made on behalf of those candidates, except that the acquisition, use, or dissemination of the images of those candidates by the political party or political committee shall not be presumed to be a related expenditure made on behalf of those candidates.
2. An expenditure made by a political party or by a political committee that recruits or endorses candidates that substantially benefits more than six candidates and facilitates party or political committee functions, voter turnout, platform promotion, or organizational capacity shall not be presumed to be a related expenditure made on a candidate's behalf.
As used in this section, an expenditure by a person shall not be considered a "related expenditure made on the candidate's behalf" if:
1. 1. All of the following apply: (1) (A) All of the following apply:
    1. the expenditure was made in connection with a campaign event whose purpose was to provide a group of voters with the opportunity to meet a candidate;
    2. the expenditure was made for:
      1. invitations and any postage for those invitations to invite voters to the event; or
      2. any food or beverages consumed at the event and any related supplies thereof; and
    3. the cumulative value of any expenditure by the person made under this subsection does not exceed $500.00 per event.
  2. For the purposes of this subdivision (1):
    1. if the cumulative value of any expenditure by a person made under this subsection exceeds $500.00 per event, the amount equal to the difference between the two shall be considered a "related expenditure made on the candidate's behalf"; and
    2. any reimbursement to the person by the candidate for the costs of the expenditure shall be subtracted from the cumulative value of the expenditures.
2. All of the following apply:
  1. the expenditure is for an electioneering communication that promotes or supports all of the candidates who are named or pictured in it and no other candidates, and those candidates named or pictured:
    1. have filed or been nominated as described in subdivision 2901(1)(B) of this chapter for a legislative, county, or local office;
    2. are on the same ballot for the same election; and
    3. each make an expenditure for the electioneering communication of an equal amount in order to share the cost of the electioneering communication equally; and
  2. no other person has made an expenditure for the electioneering communication.
1. A candidate may seek a determination that an expenditure is a related expenditure made on behalf of an opposing candidate by filing a petition with the Superior Court of the county in which either candidate resides. (e) (1) A candidate may seek a determination that an expenditure is a related expenditure made on behalf of an opposing candidate by filing a petition with the Superior Court of the county in which either candidate resides.
2. Within 24 hours of the filing of a petition, the court shall schedule the petition for hearing. Except as to cases the court considers of greater importance, proceedings before the Superior Court, as authorized by this section, and appeals from there take precedence on the docket over all other cases and shall be assigned for hearing and trial or for argument at the earliest practicable date and expedited in every way.
3. The findings and determination of the court shall be prima facie evidence in any proceedings brought for violation of this chapter.
The Secretary of State may adopt rules necessary to administer the provisions of this section.
Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014; amended 2017, No. 50 , § 65.

History

Amendments--2017. Subsec. (d): Amended generally.

§ 2945. Accepting contributions.

A candidate, political committee, or political party accepts a contribution when the contribution is deposited in the candidate's, committee's, or party's campaign account or five business days after the candidate, committee, or party receives it, whichever comes first.
A candidate, political committee, or political party shall not accept a monetary contribution in excess of $100.00 unless made by check, credit or debit card, or other electronic transfer.
Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014.

§ 2946. Candidate's attribution to previous cycle.

A candidate's expenditures related to a previous campaign and contributions used to retire a debt of a previous campaign shall be attributed to the earlier campaign.

Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014.

§ 2947. Contributions from a candidate.

This subchapter shall not be interpreted to limit the amount a candidate may contribute to his or her own campaign.

Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014.

§ 2948. Prohibition on transferring contributions.

A candidate, political committee, or political party shall not accept a contribution that the candidate, political committee, or political party knows is not directly from the contributor but was transferred to the contributor by another person for the purpose of transferring the same to the candidate, political committee, or political party or otherwise circumventing the provisions of this chapter. It shall be a violation of this chapter for a person to make a contribution with the explicit or implicit understanding that the contribution will be transferred in violation of this section.

Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014.

§ 2949. Use of term "candidate".

As used in this subchapter, the term "candidate" includes the candidate's committee, except in regard to the provisions of section 2947 of this subchapter.

Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014.

§ 2950. State officers and State office candidates; contractor contribution restrictions.

Contributor restrictions on contracting.
1. If a person makes a contribution to a State officer or a candidate for a State office, or if his, her, or its principal or spouse makes such a contribution, that person shall not negotiate or enter into a sole source contract valued at $50,000.00 or more or multiple sole source contracts valued in the aggregate at $100,000.00 or more with that State office or with the State on behalf of that office within one year following:
  1. that contribution, if the contribution was made to the incumbent State officer; or
  2. the beginning of the term of the office, if the contribution was made to a candidate for the State office who is not the incumbent.
2. The prohibition set forth in subdivision (1) of this subsection shall end after the applicable one-year period described in subdivision (1) or upon the State officer vacating the office, whichever occurs first.
Contractor restrictions on contributions.
1. 1. A person who enters into a sole source contract valued at $50,000.00 or more or multiple sole source contracts valued in the aggregate at $100,000.00 or more with the office of a State officer or with the State on behalf of that office, or that person's principal or spouse, shall not make a contribution to a candidate for that State office or to that State officer. (1) (A) A person who enters into a sole source contract valued at $50,000.00 or more or multiple sole source contracts valued in the aggregate at $100,000.00 or more with the office of a State officer or with the State on behalf of that office, or that person's principal or spouse, shall not make a contribution to a candidate for that State office or to that State officer.
  2. The candidate for State office or his or her candidate's committee or the State officer shall not solicit or accept a contribution from a person if that candidate, candidate's committee, or State officer knows the person is prohibited from making that contribution under this subdivision (1).
2. The prohibitions set forth in subdivision (1) of this subsection shall be limited to a period beginning from the date of execution of the contract and ending with the completion of the contract.
As used in this section:
1. "Contract" means a "contract for services," as that term is defined in 3 V.S.A. § 341 .
2. "Person's principal" means an individual who:
  1. has a controlling interest in the person, if the person is a business entity;
  2. is the president, chair of the board, or chief executive officer of a business entity or is any other individual that fulfills equivalent duties as a president, chair of the board, or chief executive officer of a business entity;
  3. is an employee of the person and has direct, extensive, and substantive responsibilities with respect to the negotiation of the contract; or
  4. is an employee of a business entity whose compensation is determined directly, in whole or in part, by the award or payment of contracts by the State to the entity employing the employee. A regular salary that is paid irrespective of the award or payment of a contract with the State shall not constitute "compensation" under this subdivision (D).
    Added 2017, No. 79 , § 4, eff. Dec. 16, 2018.

Subchapter 4. Reporting Requirements; Disclosures.

§ 2961. Submission of reports to the Secretary of State.

1. The Secretary of State shall provide on the online database set forth in section 2906 of this chapter digital access to the form that he or she provides for any report required by this chapter. Digital access shall enable any person required to file a report under this chapter to file the report by completing and submitting the report to the Secretary of State online. (a) (1) The Secretary of State shall provide on the online database set forth in section 2906 of this chapter digital access to the form that he or she provides for any report required by this chapter. Digital access shall enable any person required to file a report under this chapter to file the report by completing and submitting the report to the Secretary of State online.
2. The Secretary of State shall maintain on the online database all reports that have been filed digitally on it so that any person may have direct machine-readable electronic access to the individual data elements in each report and the ability to search those data elements as soon as a report is filed.
Any person required to file a report with the Secretary of State under this chapter shall file the report digitally on the online database.
Notwithstanding the definition of "file" set forth in section 2103 of this title, such a report is required to be filed on or before the day provided in this chapter.

Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 15, 2015; amended 2015, No. 30 , § 32, eff. May 26, 2015.

History

Amendments--2015. Subsec. (b): Added the second sentence.

Effective date of enactment. 2013, No. 90 (Adj. Sess.), § 8(a)(1) provides that this section shall take effect on January 15, 2015.

§ 2962. Reports; general provisions.

Any report required to be submitted to the Secretary of State under this chapter shall contain the statement "I hereby certify that the information provided on all pages of this campaign finance disclosure report is true to the best of my knowledge, information, and belief" and places for the signature of the candidate or the treasurer of the candidate, political committee, or political party.
Any person required to file a report under this chapter shall provide the information required in the Secretary of State's reporting form. Disclosure shall be limited to the information required to administer this chapter.
[Repealed.]
Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014; amended 2015, No. 30 , § 33, eff. May 26, 2015.

History

Amendments--2015. Subsec. (c): Repealed.

§ 2963. Campaign reports; Secretary of State; forms; filing.

The Secretary of State shall prescribe and provide a uniform reporting form for all campaign finance reports. The reporting form shall be designed to show the following information:
1. the full name, town of residence, and mailing address of each contributor who contributes an amount in excess of $100.00, the date of the contribution, and the amount contributed;
2. the total amount of all contributions of $100.00 or less and the total number of all contributors making such contributions;
3. each expenditure listed by amount, date, to whom paid, for what purpose; and
  1. if the expenditure was a related campaign expenditure made on a candidate's behalf:
    1. the name of the candidate or candidates on whose behalf the expenditure was made; and
    2. the name of any other candidate or candidates who were otherwise supported or opposed by the expenditure; or
  2. if the expenditure was not a related campaign expenditure made on a candidate's behalf but was made to support or oppose a candidate or candidates, the name of the candidate or candidates;
4. the amount contributed or loaned by the candidate to his or her own campaign during the reporting period; and
5. each debt or other obligation, listed by amount, date incurred, to whom owed, and for what purpose, incurred during the reporting period.
1. The form shall require the reporting of all contributions and expenditures accepted or spent during the reporting period and during the campaign to date and shall require full disclosure of the manner in which any indebtedness is discharged or forgiven. (b) (1) The form shall require the reporting of all contributions and expenditures accepted or spent during the reporting period and during the campaign to date and shall require full disclosure of the manner in which any indebtedness is discharged or forgiven.
2. Contributions and expenditures for the reporting period and for the campaign to date also shall be totaled in an appropriate place on the form. The total of contributions shall include a subtotal of nonmonetary contributions and a subtotal of all monetary contributions.
3. The form shall contain a list of the required filing times so that the person filing may designate for which time period the filing is made.
4. Contributions accepted and expenditures spent after 5:00 p.m. on the third day prior to the filing deadline shall be reported on the next report.
  Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014; amended 2015, No. 30 , § 34, eff. May 26, 2015.

History

Amendments--2015. Subdiv. (a)(2): Inserted "contributors making" preceding "such contributions".

§ 2964. Campaign reports; candidates for State office, the General Assembly, and county office; political committees; political parties.

1. Each candidate for State office, the General Assembly, or a two-year-term county office who has rolled over any amount of surplus into his or her new campaign or who has made expenditures or accepted contributions of $500.00 or more during the two-year general election cycle and, except as provided in subsection (b) of this section, each political committee that has not filed a final report pursuant to subsection 2965(b) of this chapter, and each political party required to register under section 2923 of this chapter shall file with the Secretary of State campaign finance reports as follows: (a) (1) Each candidate for State office, the General Assembly, or a two-year-term county office who has rolled over any amount of surplus into his or her new campaign or who has made expenditures or accepted contributions of $500.00 or more during the two-year general election cycle and, except as provided in subsection (b) of this section, each political committee that has not filed a final report pursuant to subsection 2965(b) of this chapter, and each political party required to register under section 2923 of this chapter shall file with the Secretary of State campaign finance reports as follows:
  1. in the first year of the two-year general election cycle, on July 1; and
  2. in the second year of the two-year general election cycle:
    1. on March 15;
    2. on July 1 and August 1;
    3. on September 1;
    4. on October 1, October 15, and the Friday before the general election; and
    5. two weeks after the general election.
2. Each candidate for a four-year-term county office who has rolled over any amount of surplus into his or her new campaign or who has made expenditures or accepted contributions of $500.00 or more during the four-year general election cycle shall file with the Secretary of State campaign finance reports as follows:
  1. in the first three years of the four-year general election cycle, on July 1; and
  2. in the fourth year of the four-year general election cycle:
    1. on March 15;
    2. on July 1 and August 1;
    3. on September 1;
    4. on October 1, October 15, and the Friday before the general election; and
    5. two weeks after the general election.
1. A political committee or a political party that has accepted contributions or made expenditures of $1,000.00 or more during the local election cycle for the purpose of influencing a local election or supporting or opposing one or more candidates in a local election shall file with the Secretary of State campaign finance reports regarding that local election 30 days before, 10 days before, and two weeks after the local election. (b) (1) A political committee or a political party that has accepted contributions or made expenditures of $1,000.00 or more during the local election cycle for the purpose of influencing a local election or supporting or opposing one or more candidates in a local election shall file with the Secretary of State campaign finance reports regarding that local election 30 days before, 10 days before, and two weeks after the local election.
2. As used in this subsection, "local election cycle" means:
  1. in the case of a local election, the period that begins 38 days after the local election prior to the one for which the contributions or expenditures were made and ends 38 days after the local election for which the contributions or expenditures were made, and includes any primary or run-off election related to that local election; or
  2. in the case of a special local election, the period that begins on the date the special local election was ordered and ends 38 days after that special local election, and includes any special primary or run-off election related to that special local election.
The failure of a candidate, political committee, or political party to file a report under this section shall be deemed an affirmative statement that a report is not required of the candidate, political committee, or political party under this section.
Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014; amended 2015, No. 30 , § 35, eff. May 26, 2015; 2019, No. 67 , § 22, eff. June 17, 2019.

History

Amendments--2019. Subdiv. (a)(1)(A): Substituted "July 1" for "July 15".

Subdiv. (a)(1)(B)(ii): Substituted "July 1" for "July 15" and "August 1" for "August 15".

Subdiv. (a)(2)(A): Substituted "July 1" for "July 15".

Subdiv. (a)(2)(B)(ii): Substituted "July 1" for "July 15" and "August 1" for "August 15".

Amendments--2015. Subsec. (a): Substituted "the Friday before the general election" for "November 1" in subdivs. (1)(B)(iv) and (2)(B)(iv).

§ 2965. Final reports; candidates for State office, the General Assembly, and county office; political committees; political parties; end-of-cycle reports for political committees and political parties.

At any time, but not later than December 15 following the general election, each candidate required to report under the provisions of section 2964 of this subchapter shall file with the Secretary of State a "final report" that lists a complete accounting of all contributions and expenditures since the last report and liquidation of surplus and that shall constitute the termination of his or her campaign activities.
1. At any time, but not later than December 15 following the general election, each political committee or political party that has not filed a final report as set forth in subdivision (2) of this subsection shall file an end-of-cycle report that lists a complete accounting of all contributions and expenditures since the last report. (b) (1) At any time, but not later than December 15 following the general election, each political committee or political party that has not filed a final report as set forth in subdivision (2) of this subsection shall file an end-of-cycle report that lists a complete accounting of all contributions and expenditures since the last report.
2. At any time, a political committee or a political party may file a "final report" that lists a complete accounting of all contributions and expenditures since the last report and liquidation of surplus and that shall constitute the termination of its campaign activities.
  Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014; amended 2015, No. 30 , § 36, eff. May 26, 2015.

History

Amendments--2015. Section heading: Added "; end-of-cycle reports for political committees and political parties".

Subsec. (a): Substituted "that lists" for "which lists" following "final report".

Subsec. (b): Added subdiv. (1) and the subdiv. (2) designation.

§ 2966. Reports by candidates not reaching monetary reporting threshold.

Each candidate for State office, the General Assembly, or a two-year-term county office who was not required to report under the provisions of section 2964 of this subchapter shall file with the Secretary of State 10 days following the general election a statement that the candidate either did not roll over any amount of surplus into his or her new campaign or has not made expenditures or accepted contributions of $500.00 or more during the two-year general election cycle.
Each candidate for a four-year-term county office who was not required to report under the provisions of section 2964 of this subchapter shall file with the Secretary of State 10 days following the general election a statement that the candidate either did not roll over any amount of surplus into his or her new campaign or has not made expenditures or accepted contributions of $500.00 or more during the four-year general election cycle.
Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014.

§ 2967. Additional campaign reports; candidates for State office and the General Assembly.

In addition to any other reports required to be filed under this chapter, a candidate for State office or for the General Assembly who accepts a monetary contribution in an amount over $2,000.00 within 10 days of a primary or general election shall report the contribution to the Secretary of State within 24 hours of receiving the contribution.
A report required by this section shall include the following information:
1. the full name, town of residence, and mailing address of the contributor; the date of the contribution; and the amount contributed; and
2. the amount contributed or loaned by the candidate to his or her own campaign.
  Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014.

§ 2968. Campaign reports; local candidates.

Each candidate for local office who has rolled over any amount of surplus into his or her new campaign or who has made expenditures or accepted contributions of $500.00 or more since the last local election for that office shall file with the Secretary of State campaign finance reports 30 days before, 10 days before, four days before, and two weeks after the local election.
Within 40 days after the local election, each candidate for local office required to report under the provisions of subsection (a) of this section shall file with the Secretary of State a "final report" that lists a complete accounting of all contributions and expenditures since the last report and a liquidation of surplus and which shall constitute the termination of his or her campaign activities.
The failure of a local candidate to file a campaign finance report under this section shall be deemed an affirmative statement that the candidate either did not roll over any amount of surplus into his or her new campaign or has not accepted contributions or made expenditures of $500.00 or more since the last local election for that office.
Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014; amended 2017, No. 129 (Adj. Sess.), § 1, eff. Dec. 14, 2018.

History

Amendments--2017 (Adj. Sess.). Subsec. (a): Inserted "four days before," following "10 days before".

§ 2969. Reporting of surplus maintenance by former candidates.

A former candidate who has maintained surplus by carrying it forward as provided in subdivision 2924(d)(1)(B) of this chapter but who is not otherwise required to file campaign reports under this chapter shall file a report of the amount of his or her surplus and any liquidation of it two weeks after each general election until liquidation of all surplus has been reported.

Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014.

§ 2970. Campaign reports; other entities; public questions.

Any formal or informal committee of two or more individuals or a corporation, labor organization, public interest group, or other entity, not including a political party, that makes expenditures of $1,000.00 or more during the election cycle for the purpose of advocating a position on a public question in any election shall file a report of its expenditures 30 days before, 10 days before, and two weeks after the election with the Secretary of State.
As used in this section, "election cycle" means:
1. in the case of a public question in a general or local election, the period that begins 38 days after the general or local election prior to the one in which the public question is posed and ends 38 days after the general or local election in which the public question is posed; or
2. in the case of a public question in a special election, the period that begins on the date the special election for the public question was ordered and ends 38 days after that special election.
  Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014.

§ 2971. Report of mass media activities.

1. In addition to any other reports required to be filed under this chapter, a person who makes expenditures for any one mass media activity totaling $500.00 or more, adjusted for inflation pursuant to the Consumer Price Index as provided in section 2905 of this chapter, within 45 days before a primary, general, county, or local election shall, for each activity, file a mass media report with the Secretary of State and send a copy of the report to each candidate whose name or likeness is included in the activity without that candidate's knowledge. (a) (1) In addition to any other reports required to be filed under this chapter, a person who makes expenditures for any one mass media activity totaling $500.00 or more, adjusted for inflation pursuant to the Consumer Price Index as provided in section 2905 of this chapter, within 45 days before a primary, general, county, or local election shall, for each activity, file a mass media report with the Secretary of State and send a copy of the report to each candidate whose name or likeness is included in the activity without that candidate's knowledge.
2. The copy of the mass media report shall be sent by e-mail to each such candidate who has provided the Secretary of State with an e-mail address on his or her consent form and to any other such candidate by mail.
3. The mass media report shall be filed and the copy of the report shall be sent within 24 hours of the expenditure or activity, whichever occurs first. For the purposes of this section, a person shall be treated as having made an expenditure if the person has executed a contract to make the expenditure.
The report shall identify the person who made the expenditure; the name of each candidate whose name or likeness was included in the activity; the amount and date of the expenditure; to whom it was paid; and the purpose of the expenditure.
If the activity occurs within 45 days before the election and the expenditure was previously reported, an additional report shall be required under this section.
1. Subsection (d) as enacted by 2013, No. 90 (Adj. Sess.), § 3 and amended by 2015, No. 30 , § 37; see also subsection (d) as amended by 2013, No. 90 (Adj. Sess.), § 4 and contingent effective date note set out below. In addition to the reporting requirements of this section, an independent expenditure-only political committee that makes an expenditure for any one mass media activity totaling $5,000.00 or more, adjusted for inflation pursuant to the Consumer Price Index as provided in section 2905 of this chapter, within 45 days before a primary, general, county, or local election shall, for each such activity and within 24 hours of the expenditure or activity, whichever occurs first, file an independent expenditure-only political committee mass media report with the Secretary of State and send a copy of the report to each candidate whose name or likeness is included in the activity without that candidate's knowledge. (d) (1) Subsection (d) as enacted by 2013, No. 90 (Adj. Sess.), § 3 and amended by 2015, No. 30 , § 37; see also subsection (d) as amended by 2013, No. 90 (Adj. Sess.), § 4 and contingent effective date note set out below. In addition to the reporting requirements of this section, an independent expenditure-only political committee that makes an expenditure for any one mass media activity totaling $5,000.00 or more, adjusted for inflation pursuant to the Consumer Price Index as provided in section 2905 of this chapter, within 45 days before a primary, general, county, or local election shall, for each such activity and within 24 hours of the expenditure or activity, whichever occurs first, file an independent expenditure-only political committee mass media report with the Secretary of State and send a copy of the report to each candidate whose name or likeness is included in the activity without that candidate's knowledge.
2. The copy of the mass media report shall be sent by e-mail to each such candidate who has provided the Secretary of State with an e-mail address on his or her consent form and to any other such candidate by mail.
3. The report shall include all of the information required under subsection (b) of this section, as well as the names of the contributors, dates, and amounts for all contributions in excess of $100.00 accepted since the filing of the committee's last report.
  (d) Subsection (d) as amended by 2013, No. 90 (Adj. Sess.), § 4; see also subsection (d) as enacted by 2013, No. 90 (Adj. Sess.), § 3 set out above and contingent effective date note set out below. [Repealed.]
  
  Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014; amended 2013, No. 90 (Adj. Sess.), § 4, cont. eff.; 2015, No. 30, § 37, eff. May 26, 2015.

History

Amendments--2015. Subsec: (c): Substituted "45 days" for "30 days".

Subsec. (d): Added new subdiv. (2) and redesignated former subdiv. (2) as subdiv. (3).

Contingent effective date of subsec. (d). 2013, No. 90 (Adj. Sess.), § 8(a)(4) provides: "Sec. 4 of this act, amending 17 V.S.A. § 2971 (report of mass media activities), shall not take effect unless and until the final disposition of a case before the U.S. Court of Appeals for the Second Circuit or the U.S. Supreme Court holds that limits on contributions to independent expenditure-only political committees are constitutional."

ANNOTATIONS

1. Constitutionality.

§ 2972. Identification in electioneering communications.

An electioneering communication shall contain the name and mailing address of the person, candidate, political committee, or political party that paid for the communication. The name and address shall appear prominently and in a manner such that a reasonable person would clearly understand by whom the expenditure has been made, except that:
1. An audio electioneering communication paid for by a candidate does not need to contain the candidate's address.
2. An electioneering communication paid for by a person acting as an agent or consultant on behalf of another person, candidate, political committee, or political party shall clearly designate the name and mailing address of the person, candidate, political committee, or political party on whose behalf the communication is published or broadcast.
If an electioneering communication is a related campaign expenditure made on a candidate's behalf as provided in section 2944 of this chapter, then in addition to other requirements of this section, the communication shall also clearly designate the candidate on whose behalf it was made by including language such as "on behalf of" such candidate.
1. In addition to the identification requirements in subsections (a) and (b) of this section, an electioneering communication paid for by or on behalf of a political committee or political party shall contain the name of any contributor who contributed more than 25 percent of all contributions and more than $2,000.00 to that committee or party since the beginning of the two-year general election cycle in which the electioneering communication was made to the date on which the expenditure for the electioneering communication was made. (c) (1) In addition to the identification requirements in subsections (a) and (b) of this section, an electioneering communication paid for by or on behalf of a political committee or political party shall contain the name of any contributor who contributed more than 25 percent of all contributions and more than $2,000.00 to that committee or party since the beginning of the two-year general election cycle in which the electioneering communication was made to the date on which the expenditure for the electioneering communication was made.
2. For the purposes of this subsection, a political committee or political party shall be treated as having made an expenditure if the committee or party or person acting on behalf of the committee or party has executed a contract to make the expenditure.
If it is not practicable to meet the identification requirements of this section within an electioneering communication that is broadcast over the Internet, such an electioneering communication shall contain a link that shall be clear and conspicuous and that, if clicked, takes the reader to a web page or social media page that provides all of the identification information as required by this section.
The identification requirements of this section shall not apply to lapel stickers or buttons, nor shall they apply to electioneering communications made by a single individual acting alone who spends, in a single two-year general election cycle, a cumulative amount of not more than $150.00 on those electioneering communications, adjusted for inflation pursuant to the Consumer Price Index as provided in section 2905 of this chapter.
Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014; amended 2017, No. 129 (Adj. Sess.), § 1, eff. May 16, 2018.

History

Amendments--2017 (Adj. Sess.). Subdiv. (a)(1): Inserted "audio" preceding "electioneering communication" and deleted "transmitted through radio and thereafter".

Subsec. (c): Added the subdiv. (1) and (2) designations.

Subsec. (d): Added.

Subsec. (e): Redesignated from former subsec. (d).

ANNOTATIONS

1. Constitutionality.

Campaign financing statute requiring disclosure of a party on behalf of which electioneering communication was made was not unconstitutionally vague since the most natural reading of "on behalf of" is the passing of money through a third party such that the advocacy is paid for by the third party who was hired to place electioneering communication. Vt. Right to Life Comm., Inc. v. Sorrell, 758 F.3d 118 (2d Cir. 2014), cert. denied, Vt. Right to Life Comm., Inc. v. Sorrell, 2015 U.S. LEXIS 119 (U.S. Jan. 12, 2015).

§ 2973. Specific identification requirements for radio, television, or Internet communications.

In addition to the identification requirements set forth in section 2972 of this subchapter, a person, candidate, political committee, or political party that makes an expenditure for an electioneering communication shall include in any communication that is transmitted through radio, television, or online video, in a clearly spoken manner, an audio statement of the name and title of the person who paid for the communication and that the person paid for the communication.
If the person who paid for the communication is not an individual, the audio statement required by this section shall include the name of that person and the name and title of the treasurer in the case of a political committee or political party or the principal officer in the case of any other person that is not an individual.
Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014; amended 2017, No. 50 , § 66; 2017, No. 129 (Adj. Sess.), § 1, eff. May 16, 2018.

History

Amendments--2017 (Adj. Sess.). Subsec. (b): Substituted "an individual" for "a natural person" preceding "the audio"; deleted "non-natural" following "name of that"; and "candidate's committee" preceding "political committee"; and substituted "other person that is not an individual" for "other non-natural person" at the end.

Amendments--2017. Subsec. (a): Substituted "that" for "which" following "any communication".

Subsec. (b): Amended generally.

Subchapter 5. Public Financing Option

ANNOTATIONS

1. Constitutionality.

§ 2981. Definitions.

As used in this subchapter:

"Affidavit" means the Vermont campaign finance affidavit required under section 2982 of this chapter.
"General election period" means the period beginning the day after the primary election and ending the day of the general election.
"Primary election period" means the period beginning the day after primary petitions must be filed under section 2356 of this title and ending the day of the primary election.
"Vermont campaign finance qualification period" means the period beginning February 15 of each even-numbered year and ending on the date on which primary petitions must be filed under section 2356 of this title.
Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014.

§ 2982. Filing of Vermont campaign finance affidavit.

A candidate for the office of Governor or Lieutenant Governor who intends to seek Vermont campaign finance grants from the Secretary of State Services Fund shall file a Vermont campaign finance affidavit on the date on or before which primary petitions must be filed, whether the candidate seeks to enter a party primary or is an independent candidate.
The Secretary of State shall prepare a Vermont campaign finance affidavit form, informational materials on procedures and financial requirements, and notification of the penalties for violation of this subchapter.
1. The Vermont campaign finance affidavit shall set forth the conditions of receiving grants under this subchapter and provide space for the candidate to agree that he or she will abide by such conditions and all expenditure and contribution limitations, reporting requirements, and other provisions of this chapter. (c) (1) The Vermont campaign finance affidavit shall set forth the conditions of receiving grants under this subchapter and provide space for the candidate to agree that he or she will abide by such conditions and all expenditure and contribution limitations, reporting requirements, and other provisions of this chapter.
2. The affidavit shall also state the candidate's name, legal residence, business or occupation, address of business or occupation, party affiliation, if any, the office sought, and whether the candidate intends to enter a party primary.
3. The affidavit shall also contain a list of all the candidate's qualifying contributions together with the name and town of residence of the contributor and the date each contribution was made.
4. The affidavit may further require affirmation of such other information as deemed necessary by the Secretary of State for the administration of this subchapter.
5. The affidavit shall be sworn and subscribed to by the candidate.
  Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014.

§ 2983. Vermont campaign finance grants; conditions.

A person shall not be eligible for Vermont campaign finance grants if, prior to February 15 of the general election year during any two-year general election cycle, he or she becomes a candidate by announcing that he or she seeks an elected position as Governor or Lieutenant Governor or by accepting contributions totaling $2,000.00 or more or by making expenditures totaling $2,000.00 or more.
A candidate who accepts Vermont campaign finance grants shall:
1. not solicit, accept, or expend any contributions except qualifying contributions, Vermont campaign finance grants, and contributions authorized under section 2985 of this chapter, which contributions may be solicited, accepted, or expended only in accordance with the provisions of this subchapter;
2. deposit all qualifying contributions, Vermont campaign finance grants, and any contributions accepted in accordance with the provisions of section 2985 of this chapter in a federally insured noninterest-bearing checking account; and
3. not later than 40 days after the general election, deposit in the Secretary of State Services Fund, after all permissible expenditures have been paid, the balance of any amounts remaining in the account established under subdivision (2) of this subsection.
  Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014.

§ 2984. Qualifying contributions.

In order to qualify for Vermont campaign finance grants, a candidate for the office of Governor or Lieutenant Governor shall obtain during the Vermont campaign finance qualification period the following amount and number of qualifying contributions for the office being sought:
1. for Governor, a total amount of no less than $35,000.00 collected from no fewer than 1,500 qualified individual contributors making a contribution of no more than $50.00 each; or
2. for Lieutenant Governor, a total amount of no less than $17,500.00 collected from no fewer than 750 qualified individual contributors making a contribution of no more than $50.00 each.
A candidate shall not accept more than one qualifying contribution from the same contributor and a contributor shall not make more than one qualifying contribution to the same candidate in any Vermont campaign finance qualification period. For the purpose of this section, a qualified individual contributor means an individual who is registered to vote in Vermont. No more than 25 percent of the total number of qualified individual contributors may be residents of the same county.
Each qualifying contribution shall indicate the name and town of residence of the contributor and the date accepted and be acknowledged by the signature of the contributor.
A candidate may retain and expend qualifying contributions obtained under this section. A candidate may expend the qualifying contributions for the purpose of obtaining additional qualifying contributions and may expend the remaining qualifying contributions during the primary and general election periods. Amounts expended under this subsection shall be considered expenditures for purposes of this chapter.
Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014.

§ 2985. Vermont campaign finance grants; amounts; timing.

1. The Secretary of State shall make grants from the Secretary of State Services Fund in separate grants for the primary and general election periods to candidates who have qualified for Vermont campaign finance grants under this subchapter. (a) (1) The Secretary of State shall make grants from the Secretary of State Services Fund in separate grants for the primary and general election periods to candidates who have qualified for Vermont campaign finance grants under this subchapter.
2. To cover any campaign finance grants to candidates who have qualified under this subchapter, the Secretary of State shall report to the Commissioner of Finance and Management, who shall anticipate receipts to the Services Fund and issue warrants to pay for those grants. The Commissioner shall report any such anticipated receipts and warrants issued under this subdivision to the Joint Fiscal Committee on or before December 1 of the year in which the warrants were issued.
Whether a candidate has entered a primary or is an independent candidate, Vermont campaign finance grants shall be in the following amounts:
1. For Governor, $150,000.00 in a primary election period and $450,000.00 in a general election period, provided that the grant for a primary election period shall be reduced by an amount equal to the candidate's qualifying contributions.
2. For Lieutenant Governor, $50,000.00 in a primary election period and $150,000.00 in a general election period, provided that the grant for a primary election period shall be reduced by an amount equal to the candidate's qualifying contributions;
3. A candidate who is an incumbent of the office being sought shall be entitled to receive a grant in an amount equal to 85 percent of the amount listed in subdivision (1) or (2) of this subsection.
In an uncontested general election and in the case of a candidate who enters a primary election and is unsuccessful in that election, an otherwise eligible candidate shall not be eligible for a general election period grant. However, such candidate may solicit and accept contributions and make expenditures as follows: contributions shall be subject to the limitations set forth in subchapter 3 of this chapter, and expenditures shall be limited to an amount equal to the amount of the grant set forth in subsection (b) of this section for the general election for that office.
Grants awarded in a primary election period but not expended by the candidate in the primary election period may be expended by the candidate in the general election period.
Vermont campaign finance grants for a primary election period shall be paid to qualifying candidates within the first 10 business days of the primary election period. Vermont campaign finance grants for a general election period shall be paid to qualifying candidates during the first 10 business days of the general election period.
Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014.

§ 2986. Monetary amounts adjusted for inflation.

The monetary amounts contained in sections 2983-2985 of this subchapter shall be adjusted for inflation pursuant to the Consumer Price Index as provided in section 2905 of this chapter.

Added 2013, No. 90 (Adj. Sess.), § 3, eff. Jan. 23, 2014.