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 Repealed. 1977, No. 269 (Adj.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 Repealed. 1977, No. 269 (Adj.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2 ; G.L. § 75; 1917, No. 254 , § 79; 1915, No. 2 ; P.S. § 71; V.S. § 64; 1888, No. 151 , § 1; R.L. § 63 and previously repealed by 1973, No. 172 (Adj.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).