vtcode

Chapter 1. Definitions

§ 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 Repealed. 1977, No. 269 (Adj.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

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 Repealed. 1977, No. 269 (Adj.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2 ; G.L. § 75; 1917, No. 254 , § 79; 1915, No. 2 ; P.S. § 71; V.S. § 64; 1888, No. 151 , § 1; R.L. § 63 and previously repealed by 1973, No. 172 (Adj.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

Citizenship and domicile distinguished.

—Presumptions.

Evidence.

—Presumptions.

Annotations From Former § 62

Constitutionality.

Annotations From Former § 63

Constitutionality.

Annotations From Former § 64

Construction with other laws.

—Intent.

Statement and proof of residence.

Students.

—Intent.

Annotations From Former § 61

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, 1907 Vt. LEXIS 135 (1907), 54 Harv. L. Rev. 870 (1907).

—Presumptions.

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, 1907 Vt. LEXIS 135 (1907), 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, 1907 Vt. LEXIS 135 (1907), 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, 1907 Vt. LEXIS 135 (1907), 54 Harv. L. Rev. 870 (1907).

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, 1907 Vt. LEXIS 135 (1907), 54 Harv. L. Rev. 870 (1907).

—Presumptions.

Annotations From Former § 62

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, 1970 U.S. Dist. LEXIS 9749 (D. Vt. 1970), aff'd, 405 U.S. 1034, 92 S. Ct. 1305, 31 L. Ed. 2d 576, 1972 U.S. LEXIS 3032 (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, 1970 U.S. Dist. LEXIS 9749 (D. Vt. 1970), aff'd, 405 U.S. 1034, 92 S. Ct. 1305, 31 L. Ed. 2d 576, 1972 U.S. LEXIS 3032 (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, 1970 U.S. Dist. LEXIS 9749 (D. Vt. 1970), aff'd, 405 U.S. 1034, 92 S. Ct. 1305, 31 L. Ed. 2d 576, 1972 U.S. LEXIS 3032 (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, 1970 U.S. Dist. LEXIS 9749 (D. Vt. 1970), aff'd, 405 U.S. 1034, 92 S. Ct. 1305, 31 L. Ed. 2d 576, 1972 U.S. LEXIS 3032 (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, 1970 U.S. Dist. LEXIS 9749 (D. Vt. 1970), aff'd, 405 U.S. 1034, 92 S. Ct. 1305, 31 L. Ed. 2d 576, 1972 U.S. LEXIS 3032 (1972).

Annotations From Former § 63

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, 1970 U.S. Dist. LEXIS 9749 (D. Vt. 1970), aff'd, 405 U.S. 1034, 92 S. Ct. 1305, 31 L. Ed. 2d 576, 1972 U.S. LEXIS 3032 (1972).

Annotations From Former § 64

Construction with other laws.

—Intent.

Subsec. (a) of this section requires only an intent to reside in a town indefinitely, not permanently. Shivelhood v. Davis, 336 F. Supp. 1111, 1971 U.S. Dist. LEXIS 10187 (D. Vt. 1971).

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, 1971 U.S. Dist. LEXIS 10187 (D. Vt. 1971).

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, 1971 U.S. Dist. LEXIS 10187 (D. Vt. 1971).

—Intent.

Subsec. (a) of this section requires only an intent to reside in a town indefinitely, not permanently. Shivelhood v. Davis, 336 F. Supp. 1111, 1971 U.S. Dist. LEXIS 10187 (D. Vt. 1971).

Notes to Opinions

Annotations From Former § 61.

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 Vt. Op. Att'y Gen. 188.

Annotations From Former § 62.

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.

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.

Naturalization.

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

Reapportionment.

Reapportionment legislation did not change the law concerning the eligibility of voters. 1964-66 Vt. Op. Att'y Gen. 297.

Annotations From Former § 64.

Construction with other laws.

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

—Intent.

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.

Statement and proof of residence.

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.

—Intent.

Annotations From Former § 65.

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 Vt. Op. Att'y Gen. 502.

Applicability of section.

Section applies to primary elections as well as general elections. 1940 Vt. Op. Att'y Gen. 348.

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.1964-66Vt. Op. Att'y Gen. 298.

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 Vt. Op. Att'y 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 Vt. Op. Att'y Gen. 345.

Annotations From Former § 66.

Construction with other laws.

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

—Generally.

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. Att'y Gen. No. 82.

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 Vt. Op. Att'y Gen. 227.

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 Vt. Op. Att'y Gen. 244.

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.

—Generally.

Annotations From Former § 68.

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 Vt. Op. Att'y Gen. 348.

—Generally.

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. Att'y 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 Vt. Op. Att'y 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 Vt. Op. Att'y 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 Vt. Op. Att'y 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 Vt. Op. Att'y Gen. 19.

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.

—Generally.

Chapter 5. Absent Voters

§§ 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 § 135

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 Vt. LEXIS 186 (1929).

Notes to Opinions

Annotations From Former § 121.

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 Vt. Op. Att'y Gen. 266.

Referendum.

Absent voter provisions were applicable to referendum relating to pari-mutuel betting. 1959 Vt. Op. Att'y Gen. 154.

Annotations From Former § 123.

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 Vt. Op. Att'y Gen. 313.

Chapter 7. Checklist of Voters

§§ 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

Conclusiveness as to qualifications of voter.

Annotations From Former § 241

Generally.

Use of list for special meeting.

Annotations From Former § 246

Conclusiveness as to qualifications of voter.

Annotations From Former § 210

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 Vt. LEXIS 134 (1886).

Annotations From Former § 241

Generally.

Section did not change the power of the board of civil authority. State v. O'Hearn, 58 Vt. 718, 6 A. 606, 1886 Vt. LEXIS 134 (1886).

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

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 Vt. LEXIS 134 (1886).

Chapter 9. Nomination by Primary Election

§§ 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

Construction with other laws.

Annotations From Former § 511

Jurisdiction.

Annotations From Former § 512

Orders.

Pleadings.

Recounts.

Annotations From Former § 301

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 Vt. LEXIS 223 (1971).

Annotations From Former § 511

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 Vt. LEXIS 154 (1940).

Annotations From Former § 512

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, 115 Vt. 383, 61 A.2d 598, 1948 Vt. LEXIS 85 (1948).

Pleadings.

Proceedings under this section are informal, and it is not required that the strict rules of pleading be complied with. Petitions of Bibens, 115 Vt. 383, 61 A.2d 598, 1948 Vt. LEXIS 85 (1948).

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, 115 Vt. 383, 61 A.2d 598, 1948 Vt. LEXIS 85 (1948).

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 Vt. LEXIS 154 (1940).

Notes to Opinions

Annotations From Former § 331.

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 Vt. Op. Att'y Gen. 182.

Annotations From Former § 334.

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. 1928 Vt. Op. Att'y Gen. 20, 1934 Vt. Op. Att'y Gen. 322.

—Generally.

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 Vt. Op. Att'y Gen. 280.

Annotations From Former § 335.

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 Vt. Op. Att'y Gen. 403.

Annotations From Former § 336.

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 Vt. Op. Att'y Gen. 280.

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. Att'y 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 Vt. Op. Att'y Gen. 193.

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 Vt. Op. Att'y Gen. 193.

—Generally.

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 Vt. Op. Att'y Gen. 184.

Annotations From Former § 339.

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 Vt. Op. Att'y Gen. 484.

Annotations From Former § 340.

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 Vt. Op. Att'y Gen. 309.

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 Vt. Op. Att'y Gen. 265.

—Generally.

Primary petitions must be filed within the time prescribed. 1930 Vt. Op. Att'y Gen. 14.

Annotations From Former § 362.

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 Vt. Op. Att'y 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 Vt. Op. Att'y Gen. 282.

Annotations From Former § 364.

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 Vt. Op. Att'y Gen. 395.

Annotations From Former § 384.

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 Vt. Op. Att'y Gen. 128.

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 Vt. Op. Att'y Gen. 390.

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 Vt. Op. Att'y Gen. 128.

Annotations From Former § 386.

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 Vt. Op. Att'y Gen. 128.

Annotations From Former § 431.

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 Vt. Op. Att'y Gen. 404.

Annotations From Former § 432.

Application to primaries.

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

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 Vt. Op. Att'y Gen. 262.

Annotations From Former § 433.

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 Vt. Op. Att'y Gen. 404.

Failure to ballot.

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

Annotations From Former § 491.

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 Vt. Op. Att'y Gen. 270.

§§ 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

§§ 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

Construction with other laws.

Annotations From Former § 572

Qualification of political party.

Annotations From Former § 577

Particular cases.

Annotations From Former § 581

Appeal.

Annotations From Former § 571

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 Vt. LEXIS 223 (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 Vt. LEXIS 223 (1971).

Annotations From Former § 572

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 Vt. LEXIS 223 (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 Vt. LEXIS 223 (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 Vt. LEXIS 223 (1971).

Annotations From Former § 577

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 Vt. LEXIS 408 (1974).

Annotations From Former § 581

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 Vt. LEXIS 720 (1976).

Notes to Opinions

Annotations From Former § 571.

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 Vt. Op. Att'y Gen. 185.

Annotations From Former § 572.

Certification requirements.

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

Annotations From Former § 573.

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 Vt. Op. Att'y Gen. 403.

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 Vt. Op. Att'y 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 Vt. Op. Att'y Gen. 265.

Annotations From Former § 574.

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 Vt. Op. Att'y Gen. 444.

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 Vt. Op. Att'y Gen. 265.

Annotations From Former § 577.

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 Vt. Op. Att'y Gen. 128.

—Generally.

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

—Generally.

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

—Town elections.

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 Vt. Op. Att'y Gen. 177.

Annotations From Former § 580.

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 Vt. Op. Att'y Gen. 250.

Annotations From Former § 581.

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 Vt. Op. Att'y Gen. 128.

Annotations From Former § 634.

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 Vt. Op. Att'y Gen. 128.

Chapter 13. Party Organization

§§ 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.

Notes to Opinions

Annotations From Former § 683.

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 Vt. Op. Att'y 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.

Notes to Opinions

Annotations From Former § 734.

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 Vt. Op. Att'y Gen. 233.

Chapter 15. Ballots for General Elections

§§ 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.

Notes to Opinions

Annotations From Former § 791.

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 Vt. Op. Att'y Gen. 173.

Annotations From Former § 792.

Color of ballot.

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

Annotations From Former § 793.

Application of separate ballot requirement.

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

Annotations From Former § 795.

Construction.

This section is not mandatory. 1936 Vt. Op. Att'y Gen. 562.

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 Vt. Op. Att'y Gen. 562.

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. 1928 Vt. Op. Att'y Gen. 20, 1934 Vt. Op. Att'y Gen. 322.

Annotations From Former § 800.

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 Vt. Op. Att'y Gen. 225.

Chapter 17. Warnings

§§ 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

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 Vt. LEXIS 86 (1892).

Notes to Opinions

Annotations From Former § 862.

Hours of election.

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

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 Vt. Op. Att'y Gen. 21.

Chapter 19. Conduct of Elections

§§ 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

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 Vt. LEXIS 190 (1968).

Notes to Opinions

Annotations From Former § 1002.

Constable.

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

Annotations From Former § 1043.

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 Vt. Op. Att'y Gen. 349.

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 Vt. Op. Att'y Gen. 296.

Annotations From Former § 1083.

Ballot labels and sample ballots.

Annotations From Former § 1088.

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 Vt. Op. Att'y Gen. 225.

Annotations From Former § 1090.

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 Vt. Op. Att'y Gen. 402.

Chapter 21. Count and Return of Votes

§§ 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

Charter provisions.

Annotations From Former § 1143

Admissibility of parol evidence.

Particular markings.

—Generally.

Annotations From Former § 1223

Delivery of sealed ballots to General Assembly.

Judicial review.

Annotations From Former § 1303

Judicial review.

Annotations From Former § 1142

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 Vt. LEXIS 215 (1910).

Annotations From Former § 1143

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 Vt. LEXIS 202 (1910).

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 Vt. LEXIS 107 (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 Vt. LEXIS 158 (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 Vt. LEXIS 202 (1910).

—Generally.

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 Vt. LEXIS 107 (1947).

Annotations From Former § 1223

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 Vt. LEXIS 176 (1941).

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 Vt. LEXIS 301 (1974).

Annotations From Former § 1303

Judicial review.

Notes to Opinions

Annotations From Former § 1181.

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 Vt. Op. Att'y Gen. 267.

Hours of voting.

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

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 Vt. Op. Att'y Gen. 231.

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 Vt. Op. Att'y Gen. 231.

Annotations From Former § 1223.

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 Vt. Op. Att'y Gen. 123.

Chapter 23. Contest of Elections

§§ 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

Challenging validity of election.

Annotations From Former § 1362

Duties of judge.

Jurisdiction.

Annotations From Former § 1361

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 Vt. LEXIS 578 (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, 126 Vt. 204, 227 A.2d 301, 1967 Vt. LEXIS 167 (1967).

Annotations From Former § 1362

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 Smith, 131 Vt. 24, 298 A.2d 823, 1972 Vt. LEXIS 228 (1972).

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 Smith, 131 Vt. 24, 298 A.2d 823, 1972 Vt. LEXIS 228 (1972).

Chapter 25. United States Senators

§§ 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.

Notes to Opinions

Annotations From Former § 1501.

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 Vt. Op. Att'y Gen. 93.

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 Vt. Op. Att'y Gen. 294.

Annotations From Former § 1502.

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

§§ 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.

Notes to Opinions

Annotations From Former § 1701.

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 Vt. Op. Att'y Gen. 295.

Chapter 29. Electors of President and Vice-President

§§ 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.

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 ”

Click to view

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.

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.

Source.

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

Chapter 32. Publication and Ratification of Articles of Amendment to Vermont Constitution

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.

HISTORY: 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

Editor’s note

—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.

—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.

HISTORY: 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.

HISTORY: 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).

—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.

HISTORY: 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.

—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.
2. 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.

HISTORY: 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”.

—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”.

—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.

HISTORY: 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.

—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

Amendments

—2019. Substituted “chapter” for “title” and “voters” for “freemen and freewomen”.

—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.

HISTORY: 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.

HISTORY: 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

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, Rochester, Ripton, Salisbury, Shoreham, Starksboro, Vergennes, Waltham, Weybridge, and Whiting ........ two;
Bennington Senatorial District, composed of the towns of Arlington, Bennington, Dorset, Glastenbury, Landgrove, Londonderry, Manchester, Peru, Pownal, Readsboro, Rupert, Sandgate, Searsburg, Shaftsbury, Somerset, Stamford, Stratton, Sunderland, Wilmington, Winhall, and Woodford ........ two;
Caledonia Senatorial District, composed of the towns of Barnet, Danville, Groton, Hardwick, Newbury, Peacham, Ryegate, St. Johnsbury, Stannard, Walden, Waterford, and Wheelock ................ one;
Chittenden-Central Senatorial District, composed of the city of Winooski, that portion of the town of Essex not included in Chittenden-North Senatorial District, that portion of the town of Colchester not included in Grand Isle Senatorial District, and that portion of the city of Burlington encompassed within a boundary beginning at the point where the eastern boundary line of the city of Burlington intersects with the South Burlington Recreation Path; then westerly along the northern side of the boundary between the South Burlington Recreation Path and the Burlington Country Club to where the South Burlington Recreation Path turns north; then continuing westerly along the northern side of the property boundary of the Burlington Country Club to the property boundary line between 544 South Prospect Street and 500 South Prospect Street; then westerly along the northern side of the property line between 544 South Prospect Street and 500 Prospect Street to where it intersects with 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 U.S. Route 7; then briefly northerly along the eastern side of the centerline of U.S. Route 7 to the intersection of Spruce Street; then westerly along the northern side of the centerline of Spruce Street to the intersection of South Union Street; then northerly along the eastern side of the centerline of South Union Street to the intersection of Adams Street; then westerly along the northern side of the centerline of Adams Street to the intersection of South Winooski Avenue; then northerly along the eastern side of the centerline of South Winooski Avenue to the intersection of Maple Street; then westerly along the northern side of the centerline of Maple Street to the end of Maple Street; then continuing on a line due west across Lake Champlain to the boundary of the city of South Burlington in Lake Champlain; then northerly along the city line of South Burlington in Lake Champlain and continuing along the city line of South Burlington as it follows the eastern shore of Lake Champlain to the boundary of the town of Colchester; then northerly and then southeasterly along the town line of Colchester to the boundary of the city of Winooski; then southeasterly along the city line of Winooski to the boundary of the city of South Burlington; then southwesterly along the city line of South Burlington to the point of beginning......... three;
Chittenden-North Senatorial District, composed of towns of Fairfax, Milton, Westford, and that portion of the town of Essex encompassed within a boundary beginning at the point where the western boundary line of the town of Essex intersects with VT Route 2A; then southerly along the eastern side of the centerline of VT Route 2A to the intersection of Gentes Road; then briefly easterly along the northern side of the centerline of Gentes Road to where it intersects with the railroad tracks before Lamore Road; then southerly along the eastern side of the railroad tracks to where they intersect with VT Route 289; then southeasterly along the northeastern side of the centerline of VT Route 289 to the intersection of Upper Main Street; then northeasterly along the northwestern side of the centerline of Upper Main Street to the intersection of Center Road; then easterly along the northern side of the centerline of Center Road to the intersection of Jericho Road; then southeasterly along the northeastern side of the centerline of Jericho Road to the intersection of Allen Martin Drive; then southwesterly along the southeastern side of the centerline of Allen Martin Road to the intersection of Sandhill Road; then southerly along the eastern side of Sandhill Road to the intersection of River Road; then westerly along the southern side of the centerline of River Road to where it intersects with Alder Brook; then southerly along the eastern side of Alder Brook to the boundary of the town of Williston; then easterly along the town line of Williston to the boundary of the town of Jericho; then northeasterly along the town line of Jericho to the boundary of the town of Westford; then westerly along the town line of Westford to the boundary of the town of Colchester; then southerly along the town line of Colchester to the point of beginning......... one;
Chittenden-Southeast Senatorial District, composed of towns of Bolton, Charlotte, Hinesburg, Jericho, Richmond, Shelburne, South Burlington, St. George, Underhill, Williston, and that portion of the city of Burlington not included in Chittenden-Central Senatorial District.......three;
Essex Senatorial District, composed of the towns of Averill, Avery’s Gore, Bloomfield, Brighton, Brunswick, Canaan, Concord, Derby, East Haven, Ferdinand, Granby, Guildhall, Holland, Kirby, Lemington, Lewis, Lunenburg, Lyndon, Maidstone, Morgan, Newport City, Norton, Victory, Warner’s Grant, and Warren Gore,................ one;
Franklin Senatorial District, composed of the towns of Alburgh, Bakersfield, Berkshire, Enosburgh, Fairfield, Franklin, Georgia, Highgate, Richford, St. Albans City, St. Albans Town, Sheldon, and Swanton ................ two;
Grand Isle Senatorial District, composed of the towns of Grand Isle, Isle La Motte, North Hero, South Hero, and that portion of the town of Colchester encompassed within a boundary beginning at the point where the southern boundary line of Colchester and the northern boundary of the city of Winooski intersects with U.S. Route 7; then northerly along the western side of the centerline of U.S. Route 7 to the intersection of Hercules Drive; then easterly along the northern side of the centerline of Hercules Drive; then continue southerly along the eastern side of the centerline of Hercules Drive to the intersection of Vermont National Guard Road; then southeasterly along the northeastern side of the centerline of Vermont National Guard Road to the intersection of Hegeman Avenue; then northeasterly along the northwestern side of the centerline of Hegeman Avenue to the intersection of Barnes Avenue; then briefly northwesterly along the southwestern side of the centerline of Barnes Avenue to the intersection of Troy Avenue; then northeasterly along the northwestern side of the centerline of Troy Avenue to where it joins Hegeman Avenue; then briefly southeasterly along the northeastern side of the centerline of Hegeman Avenue to the intersection of Vermont Avenue; then briefly easterly along the northern side of the centerline of Vermont Avenue to where it intersects with the boundary of the town of Essex; then northeasterly along the town line of Essex to the boundary of the town of Milton; then northwesterly along the town line of Milton to the boundary of the town of South Hero; then southwesterly along the town line of South Hero to the state border of New York; then southerly along the state border of New York to the boundary of the city of South Burlington in Lake Champlain; then easterly along the city line of South Burlington to the boundary of the city of Burlington; then easterly along the city line of Burlington to the boundary of the city of Winooski; then northeasterly along the city line of Winooski; then continue along the city line of Winooski to the point of beginning................ one;
Lamoille Senatorial District, composed of the towns of Belvidere, Cambridge, Eden, Elmore, Fletcher, Hyde Park, Johnson, Morristown, Waterville, and Wolcott................ one;
Orange Senatorial District, composed of the towns of Bradford, Brookfield, Chelsea, Corinth, Fairlee, Randolph, Strafford, Topsham, Tunbridge, Vershire, Washington, West Fairlee, and Williamstown ................ one;
Orleans Senatorial District, composed of the towns of Albany, Barton, Brownington, Burke, Charleston, Coventry, Craftsbury, Glover, Greensboro, Irasburg, Jay, Lowell, Montgomery, Newport Town, Newark, Sheffield, Sutton, Troy, Westfield, and Westmore ................ one;
Rutland Senatorial District, composed of the towns of Benson, Brandon, Castleton, Chittenden, Clarendon, Danby, Fair Haven, Hubbardton, Ira, Killington, Mendon, Middletown Springs, Mt. Holly, Mt. Tabor, Pawlet, 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, Braintree, Cabot, Calais, Duxbury, East Montpelier, Fayston, Marshfield, Middlesex, Montpelier, Moretown, Northfield, Orange, Plainfield, Roxbury, Stowe, 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, 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, Ludlow, Norwich, Pittsfield, Plymouth, Pomfret, Reading, Royalton, Sharon, Springfield, Stockbridge, Thetford, Weathersfield, Weston, West Windsor, Windsor, and Woodstock ................ three.

HISTORY: 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; 2021 89, § 3, effective April 6, 2022.

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.

—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.

—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.

—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.

—1973. Section amended generally.

—1971 (Adj. Sess.). Substituted “Chittenden, six” for “chittenden and Grand Isle combined, six” and “Franklin and Grand Isle combined, two” for “Franklin, two”.

—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.

—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

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, 1965 U.S. Dist. LEXIS 7412 (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, 1965 U.S. Dist. LEXIS 7412 (D. Vt. 1965).

Cited.

Cited in Mikell v. Rousseau, 123 Vt. 139, 183 A.2d 817, 1962 Vt. LEXIS 211 (1962); Buckley v. Hoff, 234 F. Supp. 191, 1964 U.S. Dist. LEXIS 7265 (D. Vt. 1964); Hutchinson v. Cooley, 125 Vt. 303, 214 A.2d 828, 1965 Vt. LEXIS 242 (1965); Smith v. Buraczynski, 125 Vt. 310, 214 A.2d 826, 1965 Vt. LEXIS 243 (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.

HISTORY: 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).

—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”.

—1975 (Adj. Sess.). Subsec. (b): Amended generally.

CROSS REFERENCES

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

Notes to Opinions

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 Vt. Op. Att'y Gen. 179.

Chapter 34. Apportionment of State Representatives

History

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

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.

HISTORY: 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.

Cited in Hutchinson v. Cooley, 125 Vt. 303, 214 A.2d 828, 1965 Vt. LEXIS 242 (1965); Smith v. Buraczynski, 125 Vt. 310, 214 A.2d 826, 1965 Vt. LEXIS 243 (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.

HISTORY: 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.

—1981 (Adj. Sess.). Subsec. (e): Substituted “section 2501” for “section 961.”

—1981. Subsec. (c): Substituted “population” for “number of legal voters” in the first sentence.

—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

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.

HISTORY: Added 1965, No. 98 , § 3.

CROSS REFERENCES

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

Notes to Opinions

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 Vt. Op. Att'y Gen. 297.

—Generally.

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 Vt. Op. Att'y Gen. 298.

§ 1893. Repealed. 2021, No. 89 (Adj. Sess.), § 1(a).

HISTORY: 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; repealed by 2021 89, § 1(a), effective April 6, 2022.

§ 1893a. Repealed. 2021, No. 89 (Adj. Sess.), § 1(b).

HISTORY: Added 2001, No. 151 (Adj. Sess.), § 53, eff. June 27, 2002; amended 2011, No. 93 (Adj. Sess.), § 2, eff. May 1, 2012; repealed by 2021 89, § 1(b), effective April 6, 2022.

§ 1893b. House of representatives Districts

Notwithstanding the processes outlined in 17 V.S.A. chapter 34A regarding the enactment of initial districts and the subdivision of initial districts, for the 2022 reapportionment of the House of Representatives, the State is divided into the following districts for the House of Representatives, each of which shall be entitled to the indicated number of Representatives:

District Towns and Cities Representatives Addison-1 That portion of the town of Middlebury encompassed within a boundary beginning at the point where the northern boundary line of Middlebury intersects with U.S. Route 7; then southerly along the eastern side of the centerline of U.S. Route 7 to the intersection of Main Street; then southwesterly along the southeastern side of the centerline of Main Street to the traffic circle; then along the southeastern side of the centerline of the northwestern section of the traffic circle to the beginning of College Street; then westerly along the southern side of the centerline of College Street to the intersection of Weybridge Street; then northwesterly along the southwestern side of the centerline of Weybridge Street to the boundary of the town of Weybridge; then westerly along the town line of Weybridge to the boundary of the town of Cornwall; then southerly along the town line of Cornwall to the boundary of the town of Salisbury; then easterly along the town line of Salisbury to the boundary of the town of Ripton; then northerly along the town line of Ripton to the boundary of Bristol; then northerly then westerly along the town line of Bristol to the boundary of the town of New Haven; then westerly along the town line of New Haven to the point of beginning 2 Addison-2 Cornwall, Goshen, Leicester, Ripton, and Salisbury 1 Addison-3 Addison, Ferrisburgh, Panton, Vergennes, Waltham and that portion of the town of New Haven encompassed within a boundary beginning at the point where the northeastern boundary line of New Haven intersects with the Mud Creek tributary running parallel to Lime Kiln Road; then southerly along the western side of the Mud Creek tributary running parallel to Lime Kiln Road to where the Mud Creek tributary intersects with U.S. Route 7; then southerly along the western side of the centerline of U.S. Route 7 to where it intersects with the New Haven River; then westerly along the northern side of the New Haven River to where it intersects with the Otter Creek; then westerly along the northern side of the Otter Creek to where it intersects with Morgan Horse Farm Road and the boundary of the town of Weybridge; then westerly along the town line of Weybridge to the boundary of the town of Waltham; then easterly then northerly along the town line of Waltham to the boundary of the town of Ferrisburgh; then easterly along the town line of Ferrisburgh to the point of beginning 2 Addison-4 Bristol, Lincoln, Monkton, and Starksboro 2 Addison-5 Bridport, Weybridge, that portion of the town of Middlebury not included in ADDISON-1, and that portion of the town of New Haven not included in Addison-3 1 Addison- Rutland Hubbardton, Orwell, Shoreham, Sudbury, and Whiting 1 Bennington-1 Readsboro, Searsburg, Stamford, Woodford, and that portion of the town of Pownal encompassed within a boundary beginning at the point where the northern boundary line of the town of Pownal intersects with VT Route 7; then southerly along the western side of the centerline of VT Route 7 to the intersection of Barber Pond Road; then easterly along the southern side of the centerline of Barber Pond Road to the intersection of South Stream Road; then easterly along the south side of the centerline of South Stream Road to where it intersects with the power lines after 620 South Stream Road and before 802 South Stream Road; then easterly along the southern side of the power lines to where the power lines intersect with the boundary of the town of Stamford approximately one mile north of County Road; then southerly along the town line of Stamford to the state border of Massachusetts; then easterly along the state border of Massachusetts to the state border of New York; then northerly along the state border of New York to the boundary of the town of Bennington; then easterly along the town line of Bennington to the point of beginning 1 Bennington-2 That portion of the town of Bennington encompassed within a boundary beginning at the point where the eastern boundary line of the town of Bennington intersects with VT Route 9; then westerly along the northern side of the centerline of VT Route 9 to where it intersects with Roaring Branch; then easterly along the northern side of Roaring Branch to where it intersects with Park Street; then southerly along the western side of the centerline of Park Street to the intersection of Gage Street; then westerly along the northern side of the centerline of Gage Street to the intersection of North Street; then southerly along the western side of the centerline of North Street to the intersection of Main Street; then northwesterly along the northern side of the centerline of Main Street to the intersection of Dewey Street; then southerly along the western side of the centerline of Dewey Street to the intersection of Monument Avenue Extension; then southerly along the western side of Monument Avenue Extension to the intersection of Carpenter Hill Road; then briefly easterly along the southern side of the centerline of Carpenter Hill Road to the intersection of U.S. Route 7; then southerly along the western side of the centerline of U.S. Route 7 to the boundary of the town of Pownal; then westerly along the town line of Pownal to the state border of New York; then northerly along the state border of New York to the boundary of the town of Shaftsbury; then easterly along the town line of Shaftsbury to the boundary of the town of Woodford; then southerly along the town line of Woodford to the point of beginning 2 Bennington-3 Glastenbury, Shaftsbury, and that portion of the town of Sunderland encompassed within a boundary beginning at the point where the northern boundary line of the town of Sunderland intersects with the Batten Kill River; then southwesterly along the eastern side of the Batten Kill River to where it intersects with Sunderland Hill Road; then westerly along the southern side of the centerline of Sunderland Hill Road to the intersection of Borough Road; then southerly along the eastern side of the centerline of Borough Road to the intersection of North Road; then southerly along the eastern side of the centerline of North Road to the intersection of Shady Pines; then southwesterly along the eastern side of the centerline of Shady Pines to the intersection of Kesick Swamp Road; then easterly along the northern side of the centerline of Kesick Swamp Road to the intersection of North Road; then briefly southerly along the eastern side of the centerline of North Road to the intersection of U.S. Route 7; then southerly along the eastern side of the centerline of U.S. Route 7 to the intersection of Kansas Road; then westerly along the southern side of the centerline of Kansas Road to the boundary of the town of Arlington; then southerly along the town line of Arlington to the boundary of the town of Glastenbury; then easterly along the town line of Glastenbury to the boundary of the town of Somerset; then northerly along the town line of Somerset to the boundary of the town of Stratton; then northerly along the town line of Stratton to the boundary of the town of Winhall; then westerly along the town line of Winhall to the boundary of the town of Manchester; then westerly along the town line of Manchester to the point of beginning 1 Bennington-4 Arlington, Manchester, Sandgate, and that portion of the town of Sunderland not included in BENNINGTON-3 2 Bennington-5 That portion of the town of Bennington not included in BENNINGTON-2 and that portion of the town of Pownal not included in BENNINGTON-1 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 Lyndon, Newark, Sheffield, Sutton, and Wheelock 2 Caledonia- Essex Concord, Kirby, and St. Johnsbury 2 Caledonia- Washington Cabot, Danville, and Peacham 1 Chittenden-1 Richmond 1 Chittenden-2 That portion of the town of Williston encompassed within a boundary beginning at the point where the southern boundary line of the town of Williston intersects with Oak Hill Road; then northerly along the eastern side of the centerline of Oak Hill Road to the intersection of Old Creamery Road; then westerly along the northern side of the centerline of Old Creamery Road to the intersection of VT Route 2A; then northerly along the eastern side of the centerline of VT Route 2A to where it intersects with the southbound lane of Interstate 89; then westerly along the northern side of the southbound lane of Interstate 89 to the boundary of the city of South Burlington; then northerly along the city line of South Burlington to the boundary of the town of Essex; then easterly along the town line of Essex to the boundary of the town of Jericho; then southerly along the town line of Jericho to the boundary of the town of Richmond; then southwesterly along the town line of Jericho to the boundary of the town of Hinesburg; then westerly along the town line of Hinesburg to the boundary of the town of St. George; then briefly northwesterly along the town line of St. George to the point of beginning 2 Chittenden-3 Jericho and Underhill 2 Chittenden-4 That portion of the town of Hinesburg not included in Chittenden-5 1 Chittenden-5 Charlotte and that portion of the town of Hinesburg encompassed within a boundary beginning at the point where the western boundary line of the town of Hinesburg intersects with Burritt Road; then northeasterly along the southeastern side of the centerline of Burritt Road to the intersection of Baldwin Road; then southerly along the western side of the centerline of Baldwin Road to the boundary of the town of Monkton; then westerly along the town line of Monkton to the boundary of the town of Charlotte; then northerly along the town line of Charlotte to the point of beginning 1 Chittenden-6 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 Chittenden-7 St. George and that portion of the town of Shelburne not included in CHITTENDEN-6 1 Chittenden-8 That portion of the town of Williston not included in CHITTENDEN-2 and that portion of the city of South Burlington not included in CHITTENDEN-9, Chittenden-10, chittenden-11, or Chittenden-12 1 Chittenden-9 That portion of the city of South Burlington encompassed within a boundary beginning at the point where the eastern boundary line of the city of South Burlington intersects with U.S. Route 2; then westerly along the southern side of the centerline of U.S. Route 2 to the intersection of Hinesburg Road; then southerly along the eastern side of the centerline of Hinesburg Road to the intersection of Kennedy Drive; then westerly along the southern side of the centerline of Kennedy Drive to the intersection of Dorset Street; then southerly along the eastern side of the centerline of Dorset Street to the intersection of Park Road; then easterly along the northern side of the centerline of Park Road to where it intersects with Tributary 7 of the Potash Brook before Golf Course Road; then northeasterly along the northwestern side of Tributary 7 of the Potash Brook to where it connects to a second branch of Tributary 7 of the Potash Brook east of the Wheeler Park Trail Head at the southeast corner of Brand Farm Drive; then southeasterly along the northwestern side of the second branch of Tributary 7 of the Potash Brook to where it intersects with Moss Glen Lane; then briefly easterly along the northern side of the centerline of Moss Glen Lane to the intersection of Mill Pond Lane; the northeasterly along the northwestern side of the centerline of Mill Pond Lane to the intersection of Oak Creek Drive; then southerly along the eastern side of Oak Creek Drive to the intersection of Butler Drive; then easterly along the northern side of Butler Drive to the intersection of Hinesburg Road; then northerly along the western side of Hinesburg Road to where it intersects with the southbound lane of Interstate 89; then easterly along the northern side of the southbound lane of Interstate 89 to the boundary of the town of Williston; then northerly along the town line of Williston to the point of beginning 1 Chittenden-10 That portion of the city of South Burlington encompassed within a boundary beginning at the point where the eastern boundary line of the city of South Burlington intersects with Williston Road; then westerly along the northern side of the centerline of Williston Road to the intersection of Hinesburg Road; then southerly along the western side of the centerline of Hinesburg Road to the intersection of Kennedy Drive; then westerly along the northern side of the centerline of Kennedy Drive to the intersection of Dorset Street; then northerly along the eastern side of the centerline of Dorset Street to the intersection of Williston Road; then westerly along the northern side of the centerline of Williston Road to the boundary of the city of Burlington; then northeasterly along the city line of Burlington to the boundary of the city of Winooski; then northeasterly along the city line of Winooski to the boundary of the town of Colchester; then easterly along the town line of Colchester to the boundary of the town of Essex; then easterly along the town line of Essex to the boundary of the town of Williston; then southerly along the town line of Williston to the point of beginning 1 Chittenden-11 That portion of the city of South Burlington encompassed within a boundary beginning at the point where the northern boundary line of the city of South Burlington intersects with Williston Road; then southeasterly along the southern side of the centerline of Williston Road to the intersection of Dorset Street; then southerly along the western side of the centerline of Dorset Street to the intersection of Swift Street; then westerly along the northern side of the centerline of Swift Street to the boundary of the city of Burlington at U.S. Route 7; then northerly along the city line of Burlington, then follow the city line of Burlington to the point of beginning 1 Chittenden-12 That portion of the city of South Burlington encompassed within a boundary beginning at the point where the western boundary line of the city of South Burlington intersects with Swift Street at the intersection of Swift Street and U.S. Route 7; then easterly along the southern side of the centerline of Swift Street to the intersection of Dorset Street; then southerly along the western side of the centerline of Dorset Street to the intersection of Nowland Farm Road; then westerly along the northern side of the centerline of Nowland Farm Road to the intersection of Spear Street; then southerly along the western side of the centerline of Spear Street to the intersection of Allen Road; then westerly along the northern side of Allen Road to the intersection of U.S. Route 7; then briefly southerly along the western side of the centerline of U.S. Route 7 to the boundary of the town of Shelburne; then westerly along the town line of Shelburne to where it intersects with Shelburne Bay; then northerly along the eastern side of the town line of Shelburne as it runs along Shelburne Bay; then westerly along the town line of Shelburne across Lake Champlain to the state border of New York; then northerly along the state border of New York to the boundary of the town of Colchester; then easterly along the town line of Colchester to the boundary of the city of Burlington; then southerly along the city line of Burlington, then follow the city line of Burlington to the point of beginning 1 Chittenden-13 That portion of the city of Burlington encompassed within a boundary beginning at the point where the eastern boundary line of the city of Burlington intersects with South Burlington Recreation Path; then westerly along the southern side of the boundary between the South Burlington Recreation Path and the Burlington Country Club to where the South Burlington Recreation Path turns north; then continuing westerly along the southern side of the property line of the Burlington Country Club to the property boundary line between 544 South Prospect Street and 500 South Prospect Street; then westerly along the southern side of the property line between 544 South Prospect Street and 500 Prospect Street to where it intersects with South Prospect Street; then northerly along the western side of the centerline of South Prospect Street to the intersection of Cliff Street; then westerly along the southern side of the centerline of Cliff Street to the intersection of U.S. Route 7; then briefly northerly along the western side of the centerline of U.S. Route 7 to the intersection of Spruce Street; then westerly along the southern side of the centerline of Spruce 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 Adams Street; then westerly along the southern side of the centerline of Adams Street to the intersection of South Winooski Avenue; then northerly along the western side of the centerline of South Winooski Avenue to the intersection of Maple Street; then westerly along the southern side of the centerline of Maple Street to the end of Maple Street; then continue in a line due west to the boundary of the city of South Burlington in Lake Champlain; then southeasterly along the city line of South Burlington, then follow the city line of South Burlington to the point of beginning 2 Chittenden-14 That portion of the city of Burlington encompassed within a boundary beginning at the point where the eastern boundary line of the city of Burlington intersects with the South Burlington Recreation Path; then westerly along the northern side of the boundary between the South Burlington Recreation Path and the Burlington Country Club to where the South Burlington Recreation Path turns north; then continuing westerly along the northern side of the property boundary of the Burlington Country Club to the property boundary line between 544 South Prospect Street and 500 South Prospect Street; then westerly along the northern side of the property line between 544 South Prospect Street and 500 Prospect Street to where it intersects with 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 U.S. Route 7; then briefly northerly along the eastern side of the centerline of U.S. Route 7 to the intersection of Spruce Street; then westerly along the northern side of the centerline of Spruce Street to the intersection of South Union Street; then northerly along the eastern side of the centerline of South Union Street to the intersection of Adams Street; then westerly along the northern side of the centerline of Adams Street to the intersection of South Winooski Avenue; then northerly along the eastern side of the centerline of South Winooski Avenue to the intersection of Buel Street; then easterly along the southern side of the centerline of Buel Street to the intersection of South Union Street; then northerly along the eastern side of the centerline of South Union Street to the intersection of Pearl Street; then easterly along the southern side of the centerline of Pearl Street to the intersection of U.S. Route 7; then southerly along the western side of the centerline of U.S. Route 7 to the intersection of College Street; then easterly along the southern side of the centerline of College 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 U.S. Route 2; then southeasterly along the southwestern side of the westbound lane of U.S. Route 2 to the boundary of the city of South Burlington; then southerly along the city line of South Burlington to the point of beginning 2 Chittenden-15 That portion of the city of Burlington encompassed within a boundary beginning at the point where the northern boundary line of the city of Burlington intersects with the railroad tracks crossing the Winooski River; then westerly along the southern side of the railroad tracks to where they intersect with a point representing the end of a straight line extension from the centerline of Hyde Street to the railroad tracks; then southwesterly along the eastern side of the straight line extension from the centerline of Hyde Street to the intersection of Hyde Street and Riverside Avenue; then southerly along the eastern side of the centerline of 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 intersection of North Winooski Avenue; then southerly along the eastern side of the centerline of North Winooski Avenue to the intersection of Pearl Street; then easterly along the northern side of the centerline of Pearl Street to the intersection of South Willard Street; then southerly along the eastern side of the centerline of South Willard Street to the intersection of College Street; then easterly along the northern side of the centerline of College 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 U.S. Route 2; then southeasterly along the northeastern side of the westbound lane of U.S. Route 2 to the boundary of the city of South Burlington; then southeasterly along the city line of South Burlington and then follow the city line of South Burlington to the boundary of the city of Winooski; then northwesterly along the city line of Winooski to the point of beginning 2 Chittenden-16 That portion of the city of Burlington not included in Chittenden-13, chittenden-14, Chittenden-15, chittenden-17, and Chittenden-18 2 Chittenden-17 That portion of the city of Burlington encompassed within a boundary beginning at the point where the northern boundary line of the city of Burlington intersects with the railroad tracks crossing the Winooski River; then westerly along the northern side of the centerline of the railroad tracks to where it intersects with a point representing the end of a straight line extension from the end of the centerline of Spring Street; then southeasterly along the southwestern side of the straight line extension from the end of Spring Street to the intersection of Manhattan Drive and Spring Street; then westerly along the northern side of the centerline of Manhattan Drive to the intersection of Park Street; then southerly along the western side of the centerline of Park Street to the intersection of College Street; then westerly along the northern side of the centerline of College Street to the end of College Street; then westerly on the northern side of a line drawn from the end point of College Street due west to the boundary of the city of South Burlington in Lake Champlain; then northerly along the city line of South Burlington to where it intersects with Appletree Point; then northeasterly then southeasterly along the southeastern side of the shore of Lake Champlain to 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 Route 127 to the intersection of the boundary of the town of Colchester at the Heineberg Bridge over the Winooski River; then northerly and easterly along the town line of Colchester and then follow the town line of Colchester southerly to the boundary of the city of Winooski; then southerly along the city line of Winooski to the point of beginning 1 Chittenden-18 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 Route 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 beginning 2 Chittenden-19 That portion of the town of Colchester encompassed within a boundary beginning at the point where the southern boundary line of the town of Colchester intersects with the southbound lane of Interstate 89; then northerly along the eastern side of the southbound lane of Interstate 89 to where it intersects with Sunderland Brook; then easterly along the northern side of Sunderland Brook to where it intersects with U.S. Route 7; then northerly along the western side of the centerline of U.S. Route 7 to the intersection of Blakely Road; then westerly along the southern side of the centerline of Blakely Road to where it intersects with the southbound lane of Interstate 89; then northerly along the western side of the southbound lane of Interstate 89 to where it intersects with the Malletts Creek; then following Malletts Creek westerly out to its mouth joining Malletts Bay; then westerly on the south side of a line drawn across Malletts Bay from Interstate 89 to the boundary of the town of South Hero; than southwesterly along the town line of South Hero to the boundary of the state of New York; then southerly along border of the state of New York to the boundary of the city of South Burlington; then easterly along the city line of South Burlington to the boundary of the city of Burlington; then southeasterly along the city line of Burlington to the boundary of the city of Winooski; then easterly along the city line of Winooski to the point of beginning 2 Chittenden-20 That portion of the town of Colchester not included in Chittenden-19 2 Chittenden-21 Winooski 2 Chittenden-22 That portion of Essex encompassed within a boundary beginning at the point where the southern boundary line of the town of Essex intersects with the property boundary between 18 River Road and 30 River Road; then northerly along the western side of the property boundary between 18 River Road and 30 River Road to the intersection of River Road; then briefly easterly along the northern side of the centerline of River Road to 3 River Road; then turning northeasterly along the western side of the property line of 3 River Road to the southwestern corner of the property boundary of 56 Forest Road; then northeasterly along the western side of the back property lines of the properties fronting the west side of Forest Road; then turning west- northwesterly along the western side of the back property lines of the properties fronting the west side of Forest Road to the intersection of the back property lines of the properties fronting the west side of Sidney Drive; then northwesterly along the western side of the back property lines of the properties fronting the west side of Sidney Drive to the intersection of the back property lines of the properties fronting the east and north sides of Chestnut Lane; then turning northwesterly along the southwestern side of the back property lines of the properties fronting the east and north sides of Chestnut Lane, the north side of Beech Street, then the north and west sides of Spruce Lane to the intersection of the southern property boundary line of 39 Essex Way; then northwesterly along the southern side of the property line of 39 Essex Way to where it intersects with the Indian Brook; then southerly along the eastern side of the Indian Brook to where it intersects with Hubbells Falls Drive; then northwesterly along the southwestern side of the centerline of Hubbells Falls Drive to the intersection of Juniper Ridge Road; then southwesterly along the southeastern side of the centerline of Juniper Ridge Road to the intersection of Fairview Drive; then southerly following along the southeastern and then southwestern side of the centerline of Fairview Drive to the intersection of Hawthorne Circle; then westerly and northerly along the western and northern side of the centerline of Hawthorne Circle to the intersection of Fairview Drive; then northwesterly along the southwestern side of the centerline of Fairview Drive to the intersection of Main Street; then southwesterly along the southeastern side of the centerline of Main Street to the intersection of Crestview Road; then northwesterly along the southwestern side of the centerline of Crestview Road to the intersection of Drury Drive; then northeasterly along the southwestern side of the centerline of Drury Drive to the intersection of Meadow Terrace; then northwesterly along the southwestern side of the centerline of Meadow Terrace to the intersection of Upland Road; then southwesterly along the southeastern side of the centerline of Upland Road to the intersection of Drury Drive; then southwesterly along the southeastern side of the centerline of Drury Drive to the intersection of Educational Drive; then northwesterly along the southwestern side of the centerline of Educational Drive to the intersection of Old Colchester Road and Grove Street; then southerly along the eastern side of Grove Street to the intersection of North Street; then briefly westerly along the southern side of the centerline of North Street to the intersection of Lincoln Street; then northerly along the western side of the centerline of Lincoln Street and continuing on the western side of Lincoln Street when it turns into Colchester Road to where Colchester Road intersects with the property boundary line between 78 Lincoln Street and 98 Colchester Road; then southwesterly along the southeasterly side of the property boundary line between 78 Lincoln Street and 98 Colchester Road to where it intersects with the Indian Brook; then westerly along the southern side of the back property lines of those properties fronting the south side of Pinecrest Drive to the intersection of the back property lines of the properties fronting the end of Hampshire Court; then southwesterly along the southeastern side of the back property lines of the properties fronting the end of Hampshire Court and fronting the east side of Dartmoor Court; then turning northwesterly along the southern side of the back property lines of property fronting the northeast side of Edgewood Drive to the intersection of the back property lines of the properties fronting the west side of Warner Avenue; then turning southwesterly along the southeastern side of the back property lines of the properties fronting the west side of Warner Avenue to the end of the Sunderland Brook; then turning southeasterly along the northeastern side of the property boundary between 2 Warner Avenue and 4 Warner Avenue to the intersection of Warner Avenue; then southwesterly along the southeastern side of the centerline of Warner Avenue to the intersection of Pearl Street; then northwesterly along the southern side of the centerline of Pearl Street to where it intersects with the powerlines running perpendicular to Pearl Street between 235 Pearl Street and 241 Pearl Street; then southerly along the eastern side of the powerlines to where they intersect with the boundary of the city of South Burlington; then southeasterly along the city line of South Burlington to the boundary of the town of Williston; then easterly along the town line of Williston to the point of beginning 2 Chittenden-23 That portion of the town of Essex not included in Chittenden-22 or chittenden-24 2 Chittenden-24 That portion of the town of Essex encompassed within a boundary beginning at the point where the western boundary line of the town of Essex intersects with VT Route 2A; then southerly along the eastern side of the centerline of VT Route 2A to the intersection of Gentes Road; then briefly easterly along the northern side of the centerline of Gentes Road to where it intersects with the railroad tracks before Lamore Road; then southerly along the eastern side of the railroad tracks to where they intersect with VT Route 289; then southeasterly along the northeastern side of the centerline of VT Route 289 to the intersection of Upper Main Street; then northeasterly along the northwesterly side of the centerline of Upper Main Street to the intersection of Center Road; then easterly along the northern side of the centerline of Center Road to the intersection of Jericho Road; then southeasterly along the northeastern side of the centerline of Jericho Road to the intersection of Allen Martin Drive; then southwesterly along the southeasterly side of the centerline of Allen Martin Road to the intersection of Sandhill Road; then southerly along the eastern side of Sandhill Road to the intersection of River Road; then westerly along the southern side of the centerline of River Road to where it intersects with Alder Brook; then southerly along the eastern side of Alder Brook to the boundary of the town of Williston; then easterly along the town line of Williston to the boundary of the town of Jericho; then northeasterly along the town line of Jericho to the boundary of the town of Westford; then westerly along the town line of Westford to the boundary of the town of Colchester; then southerly along the town line of Colchester to the point of beginning 1 Chittenden-25 Westford and that portion of the town of Milton encompassed within a boundary beginning at the point where the southern boundary line of the town of Milton intersects with Middle Road; then northerly along the eastern side of the centerline of Middle Road to the intersection of Hobbs Road; then easterly along the southern side of the centerline of Hobbs Road to the intersection of McMullen Road; then northerly along the eastern side of the centerline of McMullen Road to the intersection of Kingsbury Crossing; then easterly along the southern side of the centerline of Kingsbury Crossing to where it intersects with the railroad tracks; then northerly along the eastern side of the railroad tracks to where they intersect Railroad Street; then northerly along the eastern side of the centerline of Railroad Street to the intersection of Main Street; then easterly along the southern side of the centerline of Main Street to the intersection of North Road; then northerly along the eastern side of the centerline of North Road to where it intersects with the railroad tracks at the intersection of Cooper Road; then northerly along the eastern side of the railroad tracks to where they intersect with the boundary of the town of Georgia; then southeasterly along the town line of Georgia to the boundary of the town of Westford; then southwesterly along the town line of Westford to the boundary of the town of Colchester; then westerly along the town line of Colchester to the point of beginning 1 Chittenden- Franklin That portion of the town of Milton not included in Chittenden-25 or grand isle-chittenden and that portion of the town of Georgia encompassed within a boundary beginning at the point where the southern boundary line of the town of Georgia intersects with the northbound lane of Interstate 89; then northerly along the eastern side of the northbound lane of Interstate 89 to where it intersects with U.S. Route 7; then southerly along the eastern side of the centerline of U.S. Route 7 to the intersection of Highbridge Road; then southeasterly along the southern side of the centerline of Highbridge Road to Arrow Head Lake Road; then southerly and westerly along the western side of Arrow Head Lake Road to the intersection of Georgia Mountain Road; then westerly along the southern side of the centerline of Georgia Mountain Road to where it intersects with the railroad tracks on the southern bank of the Lamoille River; then southerly along the western side of the railroad tracks to the boundary of the town of Milton; then northeasterly along the town line of Milton to the point of beginning 2 Essex- Caledonia Bloomfield, Brunswick, Burke, East Haven, Ferdinand, Granby, Guildhall, Lunenburg, Maidstone, and Victory 1 Essex- Orleans Averill, Avery’s Gore, Brighton, Canaan, Charleston, Holland, Lemington, Lewis, Morgan, Norton, Warner’s Grant, and Warren’s Gore 1 Franklin-1 Fairfax and that portion of the town of Georgia not Included in chittenden-franklin 2 Franklin-2 That portion of the Town of St. Albans encompassed within a boundary beginning at the point where the southern boundary line of the Town of St. Albans intersects with U.S. Route 7; then northeasterly along the northwestern side of the centerline of U.S. Route 7 to the boundary of the City of St. Albans; then northwesterly along the town line of the City of St. Albans to the intersection of Congress Street; then easterly along the northern side of the centerline of Congress Street to the intersection of VT Route 104; then northeasterly along the northwestern side of the centerline of VT Route 104 to where it intersects with the southbound lane of Interstate 89; then southerly along the eastern side of the southbound lane of Interstate 89 to the boundary of the town of Fairfield; then northeasterly along the town line of Fairfield to the boundary of the town of Swanton; then northwesterly along the town line of Swanton to the boundary of the town of North Hero; then southerly along the town line of North Hero to the boundary of the town of Grand Isle; then southerly along the town line of Grand Isle to the boundary of the town of Georgia; then northeasterly along the town line of Georgia to the point of beginning 1 Franklin-3 That portion of the City of St. Albans encompassed within a boundary beginning at the point where the southwestern boundary line of the City of St. Albans intersects with the property boundary line between 2 Bowles Lane and 28 Guyette Circle; then northeasterly along the northwestern side of the property boundary line between 2 Bowles Lane and 28 Guyette Circle to the intersection of Bowles Lane, Guyette Circle, and Edward Street; then northeasterly along the northwestern side of the centerline of Edward Street to the intersection of Lake Street; then easterly along the northern side of the centerline of Lake Street to the intersection of U.S. Route 7; then southerly along the eastern side of the centerline of U.S. Route 7 to the intersection of Diamond Street; then easterly along the northern side of the centerline of Diamond Street to the intersection of Lincoln Avenue; then northerly along the western side of the centerline of Lincoln Avenue to the intersection of Fairfield Street; then southeasterly along the northeastern side of Fairfield Street to the boundary line of the Town of St. Albans; then northerly along the town line of the Town of St. Albans, then follow the town line to the point of beginning 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 Franklin-8 That portion of the City of St. Albans not included in FRANKLIN-3 and that portion of the Town of St. Albans not included in FRANKLIN-2 1 Grand isle- Chittenden Alburgh, Grand Isle, Isle La Motte, North Hero, South Hero, and that portion of the town of Milton encompassed within a boundary beginning at the point where the northern boundary line of the town of Milton intersects with the southbound lane of Interstate 89; then southerly along the western side of the southbound lane of Interstate 89 to where it intersects with the Lamoille River; then southeasterly along the northwestern side of the Lamoille River to where it intersects with the boundary of the town of Colchester; then westerly along the town line of Colchester to the boundary of the town of South Hero; then northerly along the town line of South Hero to the boundary of the town of Grand Isle; then northerly along the town line of Grand Isle to the boundary of the town of Georgia; then southeasterly along the town line of Georgia to the point of beginning 2 Lamoille-1 That portion of the town of Stowe encompassed within a boundary beginning at the point where the northeastern boundary line of the town of Stowe intersects with Moulton Lane; then southeasterly along the southwestern side of the centerline of Moulton Lane to where it intersects with the Sterling Brook; then southerly along the western side of Sterling Brook to the point it becomes the Waterbury River; then southerly along the western side of the Waterbury River to where it intersects with West Hill Road; then southeasterly along the southwestern side of the centerline of West Hill Road to the intersection of VT Route 100; then briefly northeasterly along the southeastern side of the centerline of VT Route 100 to the intersection of Brush Hill Road; then easterly along the southern side of the centerline of Brush Hill Road to the intersection of Brownsville Road; then easterly along the southern side of the centerline of Brownsville Road to the intersection of Moss Glen Falls Road; then northerly along the eastern side of the centerline of Moss Glen Falls Road to the intersection of Randolph Road; then briefly easterly along the southern side of the centerline of Randolph Road to the intersection of Elmore Mountain Road; then easterly along the southern side of the centerline of Elmore Mountain Road to the boundary of the town of Morristown; then easterly along the town line of Morristown to the boundary of the town of Worcester; then southwesterly along the town line of Worcester to the boundary of the town of Waterbury; then westerly along the town line of Waterbury to the boundary of the town of Bolton; then westerly along the town line of Bolton to the boundary of the town of Underhill; then northerly along the town line of Underhill to the boundary of the town of Cambridge; then northerly along the town line of Cambridge to the boundary of the town of Morristown; then southeasterly along the town line of Morristown to the point of beginning 1 Lamoille-2 Belvidere, Hyde Park, Johnson, and Wolcott 2 Lamoille-3 Cambridge and Waterville 1 Lamoille- Washington Elmore, Morristown, Woodbury, Worcester, and that portion of Stowe not included in LAMOILLE-1 2 Orange-1 Corinth, Orange, Vershire, and Washington 1 Orange-2 Bradford, Fairlee, and West Fairlee 1 Orange-3 Chelsea and that portion of the town of Williamstown encompassed within a boundary beginning at the point where the northern boundary line of the town of Williamstown intersects with McGlynn Road; then southerly along the western side of the centerline of McGlynn Road to the intersection of Graniteville Road; then briefly westerly along the northern side of the centerline of Graniteville Road to the intersection of Martin Road; then easterly along the southern side of the centerline of Martin Road to the intersection of Therriault Hill Road; then easterly along the southern side of the centerline of Therriault Hill Road to the intersection of Sugarhouse Road; then easterly along the southern side of the centerline of Sugarhouse Road to the boundary of the town of Washington; then southerly along the town line of Washington to the boundary of the town of Chelsea; then westerly along the town line of Chelsea to the boundary of the town of Brookfield; then westerly along the town line of Brookfield to boundary of the town of Northfield; then northerly along the town line of Northfield to the boundary of the town of Berlin; then easterly and northerly along the town line of Berlin to the boundary of the Town of Barre; then easterly along the town line of Barre to the point of beginning 1 Orange- Caledonia Groton, Newbury, and Topsham 1 Orange- Washington- Addison Braintree, Brookfield, Granville, Randolph, and Roxbury 2 Orleans-1 Derby 1 Orleans-2 Newport City 1 Orleans-3 Barton, Brownington, and Westmore 1 Orleans-4 Albany, Craftsbury, Glover, and Greensboro 1 Orleans- Lamoille Coventry, Eden, Irasburg, Jay, Lowell, Newport Town, Troy, and Westfield 2 Rutland-1 Ira, Poultney, and that portion of the town of Wells not In rutland-bennington 1 Rutland-2 Clarendon, Wallingford, West Rutland, and that portion of Rutland Town not included in Rutland-4 2 Rutland-3 Castleton 1 Rutland-4 That portion of Rutland City not included in Rutland-5, rutland-6, or rutland-7, and that portion of Rutland Town encompassed within a boundary beginning at the point where the northern boundary line of Rutland Town intersects with North Grove Street; then southerly along the eastern side of the centerline of North Grove Street to the boundary of Rutland City; then easterly along the northern side of the city line of Rutland City to the intersection of U.S. Route 4; then northeasterly along the northwestern side of the centerline of U.S. Route 4 to the boundary of the town of Mendon; then northerly along the town line of Mendon to the boundary of the town of Pittsford; then westerly along the town line of Pittsford to the point of beginning 1 Rutland-5 That portion of Rutland City encompassed within a boundary beginning at the point where the northeastern boundary line of Rutland City intersects with U.S. Route 4; then southwesterly along the southeastern side of the centerline of U.S. Route 4 to the intersection of East Street; then southerly along the eastern side of the centerline of East Street to the intersection of Jackson Avenue; then briefly westerly along the southern side of the centerline of Jackson Avenue to intersection of U.S. Route 7; then southerly along the eastern side of the centerline of U.S. Route 7 to the intersection of Allen Street; then briefly easterly along the northern side of the centerline of Allen Street to where it intersects with the railroad tracks; then southeasterly along the northeastern side of the railroad tracks to where the railroad tracks intersect with the boundary of Rutland Town; then easterly along the town line of Rutland Town, then follow the town line of Rutland Town to the point of beginning 1 Rutland-6 That portion of Rutland City encompassed within a boundary beginning at the point where the western boundary line of Rutland City intersects with West Street; then easterly along the southern side of the centerline of West Street to the intersection of U.S. Route 7; then northerly along the eastern side of the centerline of U.S. Route 7 to intersection of U.S. Route 4; then easterly along the southern side of the centerline of U.S. Route 4 to the intersection of East Street; then southerly along the western side of the centerline of East Street to the intersection of Jackson Avenue; then westerly along the northern side of the centerline of Jackson Avenue to the intersection of U.S. Route 7; then southerly along the western side of the centerline of U.S. Route 7 to the intersection of Allen Street; then briefly easterly along the southern side of the centerline of Allen Street to where it intersects with the railroad tracks; then southeasterly along the southwestern side of the railroad tracks to where the railroad tracks intersect with the boundary of Rutland Town; then westerly along the town line of Rutland Town; then follow the town line of Rutland Town to the point of beginning 1 Rutland-7 That portion of Rutland City encompassed within a boundary beginning at the point where the western boundary line of Rutland City intersects with West Street; then easterly along the northern side of the centerline of West Street to the intersection of Church Street; then northerly along the western side of the centerline of Church Street to intersection of North Street; then briefly easterly along the northern side of the centerline of North Street to the intersection of Lincoln Avenue; then briefly southerly along the eastern side of the centerline of Lincoln Avenue to the intersection of Melrose Avenue; then easterly along the north side of the centerline of Melrose Avenue to the intersection of U.S. Route 7; then northerly along the western side of the centerline of U.S. Route 7 to the boundary of Rutland Town; then westerly along the town line of Rutland Town; then follow the town line of Rutland Town to the point of beginning 1 Rutland-8 Pittsford and Proctor 1 Rutland-9 Brandon 1 Rutland-10 Benson, Fair Haven, and West Haven 1 Rutland-11 Chittenden, Killington, Mendon, and Pittsfield 1 Rutland- Bennington Middletown Springs, Pawlet, Rupert, Tinmouth, and that portion of the town of Wells encompassed within a boundary beginning at the point where the northern boundary line of Wells intersects with VT Route 30; then southerly along the eastern side of the centerline of VT Route 30 to the intersection of VT Route 30 and Main Street; then continuing southwesterly along the southeastern side of the centerline of VT Route 30 to the boundary of Pawlet; then easterly along the town line of Pawlet to the boundary of the town of Tinmouth; then northerly along the town line of Tinmouth to the boundary of the town of Middletown Springs; then northeasterly along the town line of Middletown Springs to the boundary of the town of Poultney, then westerly along the town line of Poultney to the point of beginning 1 Rutland- Windsor Ludlow, Mount Holly, and Shrewsbury 1 Washington-1 Berlin and Northfield 2 Washington-2 Duxbury, Fayston, Moretown, Waitsfield, and Warren 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- Chittenden Bolton, Buels Gore, Huntington, and Waterbury 2 Washington- Orange Barre Town and that portion of the town of Williamstown not included in ORANGE-3 2 Windham-1 Guilford and Vernon 1 Windham-2 Dover, Jamaica, Somerset, Stratton, and Wardsboro 1 Windham-3 Brookline, Rockingham, and Westminster 2 Windham-4 Dummerston and Putney 1 Windham-5 Marlboro, Newfane, and Townshend 1 Windham-6 Halifax, Wilmington, and Whitingham 1 Windham-7 That portion of the town of Brattleboro encompassed within a boundary beginning at the point where the boundary line between the town of Brattleboro and the town of Dummerston intersects with Wickopee Hill Road; then southerly along the western side of the centerline of Wickopee Hill Road and then continuing southerly along the western side of the centerline of Pleasant Valley Road to the intersection of Meadowbrook Road; then northeasterly along the southern side of the centerline of Meadowbrook Road to the intersection of Upper Dummerston Road; then southerly along the western side of the centerline of Upper Dummerston Road to the intersection of East Orchard Street; then southerly along the western 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 Western Avenue; then westerly along the northern side of the centerline of Western Avenue to the intersection of Guilford Street; then southerly along the western side of the centerline of Guilford Street to the intersection of Maple Street; then easterly along the southern side of the centerline of Maple Street to where it intersects with tax map parcel 00110367.000; then southerly along the western side of the western boundary of tax map parcels 00110367.000 and 00110368.000; then westerly along the northern side of the southern boundary of tax parcel 00110369.000 to tax map parcel 00110378.000; then north easterly along the eastern side of the easterly boundary of tax parcel 0110378.000 following the parcel boundary to Guilford Street; then southerly along the western side of the centerline of Guilford Street 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 the town of Dummerston; then easterly along the town line of Dummerston to the point of beginning 1 Tax parcel ID numbers in WINDHAM-7 are those numbers recorded in the town clerk’s office as of April 1, 2020. Windham-8 That portion of the town of Brattleboro encompassed within a boundary beginning at the point where the eastern boundary line of the town of Brattleboro along the Connecticut River intersects with the Whetstone Brook; then westerly along the southern side 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 the intersection of Williams Street; then westerly along the southern side of the centerline of Williams Street to the intersection of 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 West Street to the intersection of Williams Street; then westerly along the southern side of the centerline of Williams Street past Whetstone Drive to where it intersects with the Whetstone Brook; then westerly along the southern side the centerline of the Whetstone Brook past Interstate 91 to the intersection of Guilford Street; then southerly along the eastern side of the centerline of Guilford Street to the intersection of Maple Street; then easterly along the northern side of the centerline of Maple Street to the westerly boundary of tax parcel 00110367.000; then southerly along the eastern side of the western boundary of tax parcels 00110367.000 and 00110368.000; then westerly along the south side of the southern boundary of tax parcel 00110369.000 to tax parcel 00110378.000; then northeasterly along the western side of the eastern boundary of tax parcel 00110378.000 following the parcel boundary to Guilford Street; then southerly along the eastern side of the centerline of Guilford Street 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 Tax parcel ID numbers in WINDHAM-8 are those numbers recorded in the town clerk’s office as of April 1, 2020. Windham-9 That portion of the town of Brattleboro not located in Windham-7 or windham-8 1 Windham- Windsor- Bennington Andover, Londonderry, Weston, and Winhall 1 Windsor-1 Hartland, West Windsor, and Windsor 2 Windsor-2 Baltimore, Cavendish, and Weathersfield 1 Windsor-3 Springfield 2 Windsor-4 Barnard, Bridgewater, Pomfret, and that portion of the town of Hartford encompassed within a boundary beginning at the point where the northern boundary line of Hartford and Norwich intersects with Joshua Road; then southerly along the western side of the centerline of Joshua Road to the intersection of Jericho Street; then southwesterly along the northern side of the centerline of Jericho Street to the intersection of VT Route 14; then easterly along the southern side of the centerline of VT Route 14 to the intersection of the centerline of Runnals Road and VT Route 14; then turn south along the southwesterly side of a straight line extension from the end of Runnals Road across the White River to the intersection of Old River Road and the beginning of Costello Road; then westerly along the northern side of the centerline of Costello Road to the intersection of Old Quechee Road; then southwesterly along the northeasterly side of the centerline of Old Quechee Road to the intersection of Quechee Main Street; then westerly along the northern side of the centerline of Quechee Main Street to the intersection of Waterman Hill Road and the Quechee Covered Bridge; then westerly along the northern side of the Ottauquechee River to the boundary line of the town of Hartland; then westerly along the town line of Hartland to the boundary of the town of Woodstock; then westerly along the town line of Woodstock to the boundary of the town of Pomfret; then northerly along the town line of Pomfret along the town line of Sharon to the boundary of the town of Norwich; then easterly along the town line of Norwich to the point of beginning 1 Windsor-5 Plymouth, Reading, and Woodstock 1 Windsor-6 That portion of the town of Hartford not located in Windsor-4 2 Windsor- Addison Bethel, Hancock, Rochester, and Stockbridge 1 Windsor- Orange-1 Royalton and Tunbridge 1 Windsor- Orange-2 Norwich, Sharon, Strafford, and Thetford 2 Windsor- Windham Athens, Chester, Grafton, and Windham 1

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HISTORY: 2021 89, § 2, effective April 6, 2022.

§§ 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

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.

HISTORY: Added 1965, No. 97 , § 1; amended 2019, No. 2 , § 1, eff. Jan. 1, 2021; 2019, No. 67 , § 3.

History

Editor’s note

—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.

HISTORY: 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.

—1981. Section amended generally.

ANNOTATIONS

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 Vt. LEXIS 27 (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.

HISTORY: 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).

—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.

—1973 (Adj. Sess.). Subsec. (b): Amended generally.

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, 2004 VT 92, 177 Vt. 556, 861 A.2d 1117, 2004 Vt. LEXIS 277 (2004) (mem.).

Common interest.

A district is not invalid merely because it straddles a county line. In re Reapportionment of Towns of Woodbury and Worcester, 2004 VT 92, 177 Vt. 556, 861 A.2d 1117, 2004 Vt. LEXIS 277 (2004) (mem.).

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, 2004 VT 92, 177 Vt. 556, 861 A.2d 1117, 2004 Vt. LEXIS 277 (2004) (mem.).

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 Vt. LEXIS 27 (1993).

Compactness and contiguity.

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 Vt. LEXIS 27 (1993).

Deviation from standards.

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, 2004 VT 92, 177 Vt. 556, 861 A.2d 1117, 2004 Vt. LEXIS 277 (2004) (mem.).

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 Vt. LEXIS 27 (1993).

§ 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.

HISTORY: 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.

—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”.

—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.

HISTORY: 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.

—1999 (Adj. Sess.). Substituted “June 1st” for “April 1st” in the first sentence and “July 1st” for “May 1st” in the third sentence.

—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.

—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.

—1981. Substituted “decennial census under the authority of Congress” for “second presidential election after 1964” in the first sentence.

—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.

Cited in In re Reapportionment of Town of Hartland, 160 Vt. 9, 624 A.2d 323, 1993 Vt. LEXIS 27 (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.

HISTORY: 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.

—1999 (Adj. Sess.). Substituted “July 15th” for “May 15th” in the first and second sentences.

—1991 (Adj. Sess.). Section amended generally.

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

—1981 (Adj. Sess.). Subsec. (c): Added.

—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

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 Vt. LEXIS 27 (1993).

Notes to Opinions

Construction.

“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 Vt. Op. Att'y Gen. 185.

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 Vt. Op. Att'y 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.

HISTORY: Added 1991, No. 116 (Adj. Sess.), § 9, eff. Feb. 13, 1992.

CROSS REFERENCES

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

ANNOTATIONS

Cited.

Cited in In re Reapportionment of Town of Hartland, 160 Vt. 9, 624 A.2d 323, 1993 Vt. LEXIS 27 (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.

HISTORY: Added 1991, No. 116 (Adj. Sess.), § 10, eff. Feb. 13, 1992.

ANNOTATIONS

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 Vt. LEXIS 27 (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.

HISTORY: Added 1991, No. 116 (Adj. Sess.), § 11, eff. Feb. 13, 1992.

ANNOTATIONS

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.

HISTORY: 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.

—2001. Substituted “July 1” for “June 1st” and “30” for “thirty” in the first sentence.

—1999 (Adj. Sess.). Substituted “June 1st” for “April 1st” in the first sentence.

—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.

—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

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 Vt. LEXIS 27 (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 Vt. LEXIS 283 (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.

HISTORY: 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.

HISTORY: 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”.

—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

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 Vt. LEXIS 27 (1993).

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 Vt. LEXIS 335 (1974).

§§ 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

§ 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.

HISTORY: 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

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.

HISTORY: 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”.

—1961. Substituted “the hour set by the legislative branch for closing the polls” for “six o’clock in the afternoon”.

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.

HISTORY: 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

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 Vt. LEXIS 215 (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.

HISTORY: 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.

—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

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.

HISTORY: 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.

—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

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.

HISTORY: 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

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.

HISTORY: 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

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.

HISTORY: 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”.

—1981 (Adj. Sess.). Penalty provisions were amended so that both imprisonment and fines may be imposed.

—1971 (Adj. Sess.). Deleted “in the state prison” following “imprisoned”.

CROSS REFERENCES

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

ANNOTATIONS

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 Vt. LEXIS 4 (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.

HISTORY: 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

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.

HISTORY: 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.

HISTORY: 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

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.

HISTORY: 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.

—1981 (Adj. Sess.). Penalty provisions were amended so that both imprisonment and fines may be imposed.

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.

HISTORY: 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

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.

HISTORY: 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”.

—2013 (Adj. Sess.). Inserted “or freewoman” following “of a freeman” and “local, primary, or” following “to be given at a”.

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.

HISTORY: Amended 2013, No. 161 (Adj. Sess.), § 1.

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

§§ 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

§ 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.

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1.

History

Revision note

—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.”

HISTORY: 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.
(34) “Town” includes “city.”

(35) “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.

(36) “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.

(37) “Year” means a calendar year.

(38) “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.

(39) “Motor vehicle driver’s license” means any personal identification document issued by the Department of Motor Vehicles under Title 23.

(40) “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.

(41) “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.

(42) “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.

(43) “Vote tabulator” means a machine that registers and counts paper ballots and includes optical scan tabulators.
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.

HISTORY: 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

References 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.

Revision note

—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).

—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.

—2009. Subdiv. (22): Repealed.

—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.

—1997. Subdiv. (14): Substituted “voter’s oath” for “freeman’s oath”.

Subdivs. (39)-(42): Added.

—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.

—1981. Subdiv. (29): Substituted “population” for “number of voters” in the first sentence.

—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

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, 2007 VT 3, 181 Vt. 571, 917 A.2d 483, 2007 Vt. LEXIS 6 (2007) (mem.).

Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 1 of this title.

Chapter 43. Qualification and 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.

HISTORY: 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.

—1997. Subdiv. (3): Substituted “voter’s oath” for “freeman’s oath”.

CROSS REFERENCES

Voter’s qualifications and oath, see Vt. Const. Ch. II, § 42.

ANNOTATIONS

Checklists.
Prior law.
Residence.

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 Vt. LEXIS 134 (1886). (Decided under prior law.)

Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former chapter 3 of this title.

Residence.

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 Vt. LEXIS 66 (1882). (Decided under prior law.)

Notes to Opinions

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 Vt. Op. Att'y Gen. 188. (Decided under prior law.)

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 Vt. Op. Att'y Gen. 366. (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.

HISTORY: 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

Revision note

—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.

—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.

—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.

—1983. Subsec. (b): Substituted “chapter” for “section” following “purpose of this” in the second sentence.

—1981 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a) and added subsec. (b).

—1979 (Adj. Sess.). Subsec. (b): Repealed.

ANNOTATIONS

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.

HISTORY: 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.

HISTORY: 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.

—2015. Section heading: Added “; application” following “administered”.

Subsec. (c): Rewrote the first sentence.

—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.

—2001. Subsec. (b): Inserted “early or” preceding “absentee voter” in the first sentence.

—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).

—1989 (Adj. Sess.). Subsec. (a): Deleted “or” following “administer oaths” and added “or any presiding officer” following “authority”.

—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

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.

HISTORY: 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.

—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.

HISTORY: 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

Qualifications and registration of voters in local elections, see § 2656 of this title.

Subchapter 2. Registration of Voters

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.

HISTORY: 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”.

—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.

—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.

—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 .

HISTORY: 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.

—2013 (Adj. Sess.). Added the subsection designations and in subsec. (b) deleted “lodged” following “voting district and”.

—1979 (Adj. Sess.). Section amended generally.

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.

HISTORY: 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”.

—2001. Subsec. (a): Deleted “six” preceding “names” in the first sentence and inserted “or she” following “he” in the second sentence.

—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.]

HISTORY: 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.

—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.

—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”.

—2001. Subsec. (c): Inserted “early or” preceding “absentee ballots” in two places in the second sentence.

—1997. Subsec. (a): Added the last sentence.

Subsec. (c): Substituted “of this section” for “above” following “subsection (b)” in the first sentence.

—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).

—1991 (Adj. Sess.) Subsec. (d): Added.

—1985 (Adj. Sess.) Subsec. (c): Added.

—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.

—1979 (Adj. Sess.) Subsec. (a): Added the last sentence.

Subsec. (b): Amended generally.

Subsec. (c): Added.

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.

HISTORY: 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”.

—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.

HISTORY: 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.

—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.

HISTORY: 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.

—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.

—2015. Subdiv. (a)(5): Deleted “before the deadline” following “submitted an application” near the end of the second sentence.

—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”.

—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.

HISTORY: 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.

—2015 (Adj. Sess.). Section amended generally.

—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.

—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.
2. 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.

HISTORY: 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.

—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.

—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.

HISTORY: 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:
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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.

REJECTION OF APPLICATION FOR ADDITION TO CHECKLIST The Board of Civil Authority of , =font8 (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 . =font8 (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. =font8 Town Clerk or Chair of Board of Civil Authority

HISTORY: 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.

History

Revision note

—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.

—1997. Subsec. (b): Substituted “VOTER’S OATH” for “FREEMAN’S OATH”.

Subsec. (c): Added.

—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.

—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.

HISTORY: 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

Revision note

—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”.

—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”.

—2003. Subdiv. (a)(4): Added “, at the polling place,” following “adding” and “prepared by the secretary of state” following “affidavit”.

Subdiv. (a)(6): Added.

—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.

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 15; 1985, No. 198 (Adj. Sess.), § 8.

History

Revision note

—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.

—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.

HISTORY: 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

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.
  3. 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.
  3. 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.

HISTORY: 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

Revision note

—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.

—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.

—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.

—2003. Section amended generally.

—2001. Subdiv. (d)(2): Inserted “obituary (or other public notice of death)” following “death certificates” in the second sentence.

—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.

—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.

—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.

—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.

—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

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.

HISTORY: Added 1981, No. 20 .

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.

HISTORY: 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.

HISTORY: 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.

HISTORY: 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.

—2019. Subdiv. (b)(2): Inserted “, or any other municipal voter checklist” preceding “to any foreign government”.

—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).

—2017. Section amended generally and redesignated former subsecs. (b) and (c) as subsecs. (b) through (d).

—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

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

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.

HISTORY: 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.

HISTORY: 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”.

—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.

HISTORY: 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”.

—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”.

—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.

—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.

1. 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. (a) (1) 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.
2. 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.
The voter checklist used by the caucus shall be the most recent checklist approved by the board of civil authority.

HISTORY: 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

Representative district committee, see § 2321 of this title.

§ 2305. First meeting of town committee.

1. The first meeting of the town committee shall be held immediately following adjournment of the caucus. (a) (1) The first meeting of the town committee shall be held immediately following adjournment of the caucus.
2. 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.

§ 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.
Delegates to the county committee shall be voters of the town, but need not be members of the town committee.
Delegates shall serve for two years following their election or until their successors are elected or appointed.

HISTORY: 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

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.
2. All officers and other members of the county committee and all delegates to the State committee shall be voters of the county.

HISTORY: Added 1979, No. 198 (Adj. Sess.), § 1; amended 2013, No. 161 (Adj. Sess.), § 65; 2019, No. 67 , § 9.

History

Amendments

—2019. Section amended generally.

—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.
2. 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.
3. 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.

HISTORY: 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”.

—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.

—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.

HISTORY: 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.

—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”.

—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.

HISTORY: 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

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
4. 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.

HISTORY: 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.

—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

Amendments

—2013 (Adj. Sess.). Deleted “, as finally established by the legislative apportionment board” at the end of the first sentence.

—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.

HISTORY: 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.

HISTORY: 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

§ 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.

HISTORY: 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”.

—2009 (Adj. Sess.). Substituted “fourth” for “second” preceding “Tuesday” and “in August” for “of September” following “Tuesday”.

ANNOTATIONS

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.

HISTORY: 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

General and special elections defined, see § 2103 of this title.

§ 2353. Petitions to place names on ballot.

PARASTAT=“s” DESISTAT=“”>PARASTAT=“s” DESISTAT=“”>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:
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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.

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: 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.

History

Revision note

—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).

—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).

—2009 (Adj. Sess.). Substituted “August” for “September” following “day of” in the form.

—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)”.

—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

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.

HISTORY: 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.

—2017. Added the subsec. (a) through (d) designations.

—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.

HISTORY: 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

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.

HISTORY: 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”.

—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.

—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”.

—2003. Added “no sooner than the first Monday in June and” following “shall be filed” and substituted “42nd” for “forty-second”.

—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

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, 2013 VT 18, 193 Vt. 515, 71 A.3d 1235, 2013 Vt. LEXIS 23 (2013).

Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 340 of this title.

§ 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.

HISTORY: 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.

HISTORY: 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.

—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.

HISTORY: 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.

HISTORY: 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.

HISTORY: 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.

—2017. Added the subsec. (a)-(c) and subdiv. (b)(1) designations and added subdivs. (b)(2) and (3).

—2003. Deleted “primary” following “day” in the fourth sentence.

—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.

—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

Construction.

Timely filing of the consent of candidate form is a mandatory prerequisite to a candidate being listed on the ballot. In re Green, 2006 VT 88, 180 Vt. 597, 908 A.2d 453, 2006 Vt. LEXIS 172 (2006) (mem.).

§ 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:
Click to view

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.

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: 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.

History

Amendments

—2017. Subsec. (a): Amended generally.

—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.

—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.

—2007. Section amended generally.

—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

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.]

HISTORY: 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.

—2013 (Adj. Sess.). Subsec. (a): Inserted “or her” following “to indicate his”.

Subsec. (b): Repealed.

—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.

HISTORY: 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).

—1985 (Adj. Sess.). Section amended generally.

—1979 (Adj. Sess.). Section amended generally.

ANNOTATIONS

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.

HISTORY: 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,”.

—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).

—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).

—2009 (Adj. Sess.). Subdivs. (1) and (2): Rewrote the subdivs.

ANNOTATIONS

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.

HISTORY: 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.

HISTORY: 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.

—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.

HISTORY: 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”.

—2015. Subdiv. (a)(1): Deleted “removal” following “by death”.

Subdiv. (a)(3): Substituted “chapter” for “title” following “section 2413 of this”.

—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).

—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

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.

HISTORY: 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.

HISTORY: 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.

HISTORY: 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:
Click to view

(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.

“The met on and nominated the =font8 (name of committee) (date) following person (or persons) to be a candidate (or candidates) of the for the office (or offices) indicated =font8 (Name of political party) =font8 (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 =font8 Notary Public Signature of Chair ” =font8 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 . =font8 (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: =font8 Name (please print) Town of residence (please print) Party (please print) Date Signature of Candidate ” Mailing Address

HISTORY: 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.

History

Revision note

—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.

—1985 (Adj. Sess.). Subsec. (d): Rewrote the first sentence and added the second sentence.

—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.

HISTORY: 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.

—2015. Section amended generally.

—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”.

—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.

—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”.

—1985 (Adj. Sess.). Section amended generally.

—1979 (Adj. Sess.). Subdiv. (3): Substituted “on the seventh day” for “on the Thursday” following “5:00 p.m.”

ANNOTATIONS

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.

HISTORY: 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.

HISTORY: 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.

—1985 (Adj. Sess.). Inserted “or her” following “his” and substituted “statement” for “certificate” preceding “of nomination”.

ANNOTATIONS

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.

HISTORY: 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

Revision note

—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.

—2015. Subdiv. (d)(1): Amended generally.

—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.

—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.

—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.

—2007. Subsec. (d): Inserted “completed and signed” preceding “consent” and inserted “form” thereafter in the first sentence and added the second sentence.

—2001 (Adj. Sess.). Subsec. (b): Amended generally.

—1995 (Adj. Sess.) Subdiv. (b)(4): Added.

—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).

—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

Constitutionality.
Certification.
Prior law.

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, 2013 VT 73, 194 Vt. 437, 82 A.3d 577, 2013 Vt. LEXIS 75 (2013).

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, 2013 VT 73, 194 Vt. 437, 82 A.3d 577, 2013 Vt. LEXIS 75 (2013).

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.

§ 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.”

HISTORY: 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).

—2017. Section amended generally.

—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”.

—1985 (Adj. Sess.). Substituted “statement” for “certificate” wherever it appeared in the first through fourth sentences of the section.

—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.

HISTORY: 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.

—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.

HISTORY: 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.

HISTORY: 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.

—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.

—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

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.

HISTORY: 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.

—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.

—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 .

HISTORY: 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

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

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.

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 38; 2003, No. 59 , § 16.

History

Revision note

—2018. Added the subsec. (a)-(c) designations.

Amendments

—2003. Added the second and third sentences.

—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.

Subsec. (b): Substituted “municipality” for “voting district” in the first sentence.

—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.

HISTORY: 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.

HISTORY: 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.

—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.

—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.

HISTORY: 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.

—2003. Subsec. (a): Substituted “conformance with state and federal law” for “a proper and legal manner”.

—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.

HISTORY: Added 2003, No. 59 , § 18; amended 2019, No. 67 , § 11.

History

References 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

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.

HISTORY: 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.

—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.

—1993 (Adj. Sess.). Subsec. (a): Rewrote the fifth sentence as the fifth and sixth sentences.

—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.

—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

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.

HISTORY: 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:”.

—2017. Subdiv. (b)(2): Added the last sentence.

—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”.

—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.

—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.

—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.
2. The persons so named shall be electors, having the duties prescribed in this title.

HISTORY: 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).

—2007. Subsec. (b): Substituted “ONE oval” for “ONE square” in the last sentence.

CROSS REFERENCES

Presidential elections generally, see chapter 57 of this title.

§ 2474. Choice of party.

1. A person nominated by any means for the same office by more than one political party may elect, not later than 5:00 p.m. on the tenth day following the primary election, the party or parties in which the nominee will be a candidate. The nominee shall notify in writing the Secretary of State or town clerk, as the case may be, of such choice by that deadline, and only the party or parties that the nominee so elects shall be printed next to the nominee’s name on the ballot. (a) (1) A person nominated by any means for the same office by more than one political party may elect, not later than 5:00 p.m. on the tenth day following the primary election, the party or parties in which the nominee will be a candidate. The nominee shall notify in writing the Secretary of State or town clerk, as the case may be, of such choice by that deadline, and only the party or parties that the nominee so elects shall be printed next to the nominee’s name on the ballot.
2. If the nominee does not notify the Secretary of State or the town clerk of his or her choice of party, the Secretary of State shall print on the ballot those parties next to the nominee’s name by listing in this order:
  1. the major political party for which the nominee had his or her name printed on the ballot in the primary;
  2. any major political parties that nominated the nominee by the party committee, in the order in which the nominations were submitted to the Secretary of State;
  3. any major political parties for which the nominee received write-in votes, in an order from highest to lowest vote counts; and
  4. any minor political parties that nominated the nominee by party committee, in the order in which the nominations were submitted to the Secretary of State.
1. A candidate for State office who is the nominee of two or more political parties shall file with the Secretary of State, not later than 5:00 p.m. the tenth day following the primary election, a statement designating for which party the votes cast for him or her shall be counted for the purposes of determining whether his or her designated party shall be a major political party. The party so designated shall be the first party to be printed immediately after the candidate’s name on the ballot. (b) (1) A candidate for State office who is the nominee of two or more political parties shall file with the Secretary of State, not later than 5:00 p.m. the tenth day following the primary election, a statement designating for which party the votes cast for him or her shall be counted for the purposes of determining whether his or her designated party shall be a major political party. The party so designated shall be the first party to be printed immediately after the candidate’s name on the ballot.
2. If a candidate does not file the statement by that deadline, the Secretary of State shall designate the party for which the votes cast shall be counted as provided in subdivision (a)(2) of this section.

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1; amended 1989, No. 200 (Adj. Sess.), § 2; 2003, No. 59 , § 19; 2013, No. 161 (Adj. Sess.), § 24; 2015, No. 30 , § 10, eff. May 26, 2015.

History

Amendments

—2015. Subdiv. (a)(1): Substituted “not later than 5:00 p.m. on the tenth day following” for “not later than the first Friday following” in the first sentence and, inserted “by that deadline” following “such choice” in the second sentence.

Subdiv. (b)(1): Substituted “not later than 5:00 p.m. on the tenth day following” for “not later than the first Friday following” in the first sentence.

Subdiv. (b)(2): Substituted “statement by that deadline” for “statement before the first Friday following the primary” following “file the”.

—2013 (Adj. Sess.). Subdiv. (a)(1): In the first sentence, inserted “may elect” following “political party”, substituted “first Friday” for “second Friday” following “not later than the”, and deleted “may elect,” following “the primary election”.

Subdiv. (a)(2): Added.

Subdiv. (b)(1): In the first sentence, substituted “A candidate for State office” for “A candidate for state or congressional office” at the beginning, and “first Friday” for “second Friday” following “not later than the”.

Subdiv. (b)(2): Substituted “first Friday” for “second Friday” following “statement before the” and “the party for which the votes cast shall be counted as provided in subdivision (a)(2) of this section” for “by lot the party to be printed immediately after the candidate’s name” at the end.

—2003. Section amended generally.

—1989 (Adj. Sess.). Subsec. (a): Substituted “the nominee” for “he” wherever it appeared and substituted “the nominee’s” for “his” preceding “name” in the second sentence.

ANNOTATIONS

Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 795 of this title.

Former § 2477. Former § 2477, relating to requirement that ballots be fastened into blocks of 100 detachable ballots, was derived from 1977, No. 269 (Adj. Sess.), § 1.

§ 2478. Number of paper ballots to be printed and furnished.

For primary elections, the Secretary of State shall furnish each town with a sufficient number of printed ballots based on the history of voter turnout in the town and in consultation with the town clerk.
For general elections, the Secretary of State shall furnish each town with a number of printed ballots approximately equal to 100 percent of the number of voters on the checklist for the primary election.
If necessary due to unusual growth of the checklist, a town clerk may request additional ballots from the Secretary of State at least 40 days before the election.
For local ballots, the town clerk shall cause such number of ballots to be printed and furnished as the board of civil authority shall designate.
[Repealed.]

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 48; 1981, No. 239 (Adj. Sess.), § 15; 1985, No. 109 (Adj. Sess.); 1991, No. 127 (Adj. Sess.); 2003, No. 94 (Adj. Sess.), § 1; 2013, No. 161 (Adj. Sess.), § 25.

History

Amendments

—2013 (Adj. Sess.). Subsec. (e): Repealed.

—2003 (Adj. Sess.). Subsec. (a): Inserted “printed” preceding “ballots”.

Subsec. (b): Inserted “printed” preceding “ballots”.

Subsec. (c): Deleted former subsec. (c) and redesignated former subsecs. (d) and (e) as present subsecs. (c) and (d).

Subsec. (e): Added.

—1991 (Adj. Sess.). Subsec. (a): Inserted “sufficient” preceding “number” and substituted “based on the history of voter turnout in the town and in consultation with the town clerk” for “equal to at least 70 percent of the number of voters on its checklist” following “ballots”.

—1985 (Adj. Sess.). Subsec. (a): Inserted “at least 70 percent of” following “equal to”.

Subsec. (b): Inserted “100 percent of” following “equal to”.

Subsec. (c): Inserted “paper” preceding “ballots shall be ten percent of the number” and substituted “of voters on the checklist for the primary election” for “calculated under this section” thereafter.

—1981 (Adj. Sess.). Subsec. (a): Amended generally.

—1979 (Adj. Sess.). Section amended generally.

§ 2479. Manner of distribution.

Not later than 45 days before the election, the Secretary of State shall furnish the prepared ballots to the clerk of each town. Ballots shall be sent in securely fastened packages by mail or in some other safe manner, with marks on the outside clearly designating the polling place for which they are intended and the number of ballots enclosed. The town clerk shall store the ballots, except for ballots used as early or absentee voter or sample ballots, in a secure place until the day of the election, at which time the town clerk shall deliver them in sufficient quantities to the presiding officer in each polling place, together with any ballots prepared by the town clerk.

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1; amended 1985, No. 197 (Adj. Sess.), § 3; 2001, No. 6 , § 12(b), eff. April 10, 2001; 2001, No. 83 (Adj. Sess.), § 5; 2007, No. 54 , § 7; 2009, No. 73 (Adj. Sess.), § 9, eff. April 7, 2010.

History

Amendments

—2009 (Adj. Sess.). Substituted “45” for “30” preceding “days” in the first sentence.

—2007. Deleted the last sentence.

—2001 (Adj. Sess.). Substituted “30 days” for “35 days” preceding “before the election” and substituted “prepared ballots” for “ballots the secretary has prepared” in the first sentence.

—2001. Substituted “early or absentee voter” for “absent voter” in the third sentence.

—1985 (Adj. Sess.). Substituted “35” for “20” preceding “days” and “the secretary” for “he” following “ballots” in the first sentence and “the town clerk” for “he” preceding “shall” and for “himself” following “prepared by” in the third sentence.

§ 2480. Substitute ballots.

If the ballots to be furnished to a polling place are not duly delivered or if, after delivery, they are destroyed or stolen or if the number proves insufficient, the presiding officer shall cause other ballots to be prepared substantially in the form of those so wanting. Upon delivery of such ballots at the polling place by him or her, accompanied by his or her statement under oath, which shall be recorded by the town clerk, that the same have been so prepared and furnished by him or her and that he or she failed to receive the original ballots or that the same have been destroyed or stolen or that the number has proved insufficient, the ballot clerks shall cause such substituted ballots to be used in place of those wanting.

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1.

§ 2481. Printed ballots required.

Except in the case of voice votes from the floor, divisions, or voting at a floor meeting by paper ballot at a local election, no voting shall occur in any local, primary, or general election that does not use printed ballots.

HISTORY: Added 2013, No. 161 (Adj. Sess.), § 26.

History

Former § 2481. Former § 2481, relating to sample ballots, was derived from 1977, No. 269 (Adj. Sess.), § 1. This section was previously repealed by 1979, No. 200 (Adj. Sess.), § 120.

§ 2482. Repealed. 1979, No. 200 (Adj. Sess.), § 120.

History

Former § 2482. Former § 2482, relating to instructions, distribution of cards of instruction, and sample ballots, was derived from 1977, No. 269 (Adj. Sess.), § 1.

Subchapter 3. Vote Tabulators

§ 2491. Political subdivision; vote tabulators.

Except as provided in subsection (b) of this section, a board of civil authority may, at a meeting held not less than 60 days prior to an election and warned pursuant to 24 V.S.A. § 801 , vote to require the political subdivision for which it is elected to use vote tabulators for the registering and counting of votes in subsequent local, primary, or general elections, or any combination of those.
A town with 1,000 or more registered voters as of December 31 in an even-numbered year shall use vote tabulators for the registering and counting of votes in subsequent general elections.
1. The Office of the Secretary of State shall pay the following costs associated with this section by using federal Help America Vote Act funds, as available: (c) (1) The Office of the Secretary of State shall pay the following costs associated with this section by using federal Help America Vote Act funds, as available:
  1. full purchase and warranty cost of vote tabulators, ballot boxes, and two memory cards for each tabulator;
  2. annual maintenance costs of vote tabulators for each town; and
  3. the first $500.00 of the first pair of a vote tabulator’s memory cards’ configuration costs for each primary and general election.
2. A town shall pay the remainder of any cost not covered by subdivision (1) of this subsection.
1. Notwithstanding a town’s use of vote tabulators under this section or any other provision of law, the Secretary of State may suspend the use of vote tabulators and require the hand count of votes in an election if the Secretary determines there are reasonable grounds to believe that the vote tabulators to be used in that election may have been rendered inoperable. (d) (1) Notwithstanding a town’s use of vote tabulators under this section or any other provision of law, the Secretary of State may suspend the use of vote tabulators and require the hand count of votes in an election if the Secretary determines there are reasonable grounds to believe that the vote tabulators to be used in that election may have been rendered inoperable.
2. Upon such a determination, the Secretary shall alert the clerks of the affected municipalities of his or her decision as soon as practicable.

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 49; 2003, No. 59 , § 20; 2013, No. 161 (Adj. Sess.), § 27; 2015, No. 30 , § 11; 2017, No. 50 , § 22; 2017, No. 128 (Adj. Sess.), § 3, eff. May 16, 2018.

History

Amendments

—2017 (Adj. Sess.). Subsec. (d): Added.

—2017. Subsec. (a): Inserted “local, primary, or general” preceding “elections” and inserted “, or any combination of those” thereafter.

Subsec. (b): Inserted “an” preceding “even-numbered”; substituted “year” for “years”; and inserted “general” preceding “elections”.

—2013 (Adj. Sess.). Section amended generally.

Effective date of subsec. (b). 2013, No. 161 (Adj. Sess.), § 74(4) as amended by 2015, No. 30 , § 11 provides that subsec. (b) of this section shall take effect July 1, 2016.

§ 2492. Repealed. 2013, No. 161 (Adj. Sess.), § 43.

History

Former § 2492. Former § 2492, relating to legislative branch to obtain voting machines, was derived from 1977, No. 269 (Adj. Sess.), § 1 and amended by 1979, No. 200 (Adj. Sess.), § 50; 1985, No. 203 (Adj. Sess.), § 1; 1993, No. 206 (Adj. Sess.), § 2 and 2003, No. 59 , § 21.

Annotations From Former § 2492

Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 1083 of this title.

§ 2493. Rules for use of vote tabulators; audits.

The Secretary of State shall adopt rules governing the use and the selection of any vote tabulator in the State. These rules shall include requirements that:
1. All municipalities that have voted to use a vote tabulator shall use a uniform vote tabulator approved by the Secretary of State.
2. The Secretary of State shall provide for the security of vote tabulators at all times. Vote tabulators, not including the ballot box portion, shall be locked in a vault or a secure location at all times when not in use.
3. 1. The Secretary of State shall conduct a random postelection audit of any polling place election results for a general election within 30 days of the election. (3) (A) The Secretary of State shall conduct a random postelection audit of any polling place election results for a general election within 30 days of the election.
  2. If the Secretary determines that a random audit shall be conducted of the election results in a town or city, the town clerk shall direct two members of the board of civil authority to transport the ballot bags to the office of the Secretary not later than 10:00 a.m. on the morning when the Secretary has scheduled the audit.
  3. The Secretary shall open the ballot bags and conduct the audit in the same manner as ballots are counted under sections 2581 through 2588 of this chapter. The Secretary shall publicly announce the results of the audit as well as the results from the original return of the vote.
  4. If the Secretary finds that the audit indicates that there was possible fraud in the count or return of votes, he or she shall refer the results to the Attorney General for possible prosecution.
4. 1. All vote tabulators shall be set to reject a ballot that contains an overvote and the voter shall be provided the opportunity to obtain another ballot and correct the overvote. If an early voter absentee ballot contains an overvote, the elections official shall override the vote tabulator and count all races except any race that contains an overvote. (4) (A) All vote tabulators shall be set to reject a ballot that contains an overvote and the voter shall be provided the opportunity to obtain another ballot and correct the overvote. If an early voter absentee ballot contains an overvote, the elections official shall override the vote tabulator and count all races except any race that contains an overvote.
  2. All vote tabulators shall be set not to reject undervotes.
5. Establish a process for municipalities using vote tabulators, whereby markings on ballots that are unreadable by a vote tabulator may be transferred by a pair of election officials, who are not members of the same political party, to ballots that are readable by the vote tabulator.
6. Establish a process for using vote tabulators in recounts.
Each vote tabulator shall be tested using official ballots that are marked clearly as “test ballots” at least 10 days prior to an election. This test shall be open to the public.
The same vote tabulator or vote tabulator memory card used in any local, primary, or general election shall not be used in a recount of that election.
A vote tabulator shall be a stand-alone device that shall not be connected to any other device or connections such as wireless connections, cable connections, cellular telephones, or telephone lines.
A municipality only may use a vote tabulator as provided in this title that registers and counts votes cast on paper ballots and that otherwise meets the requirements of this title. A municipality shall not use any type of voting machine on which a voter casts his or her vote.

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 51; 2001, No. 5 , § 5; 2003, No. 59 , § 22; 2003, No. 94 (Adj. Sess.), § 2; 2007, No. 54 , § 8; 2015, No. 30 , § 12, eff. May 26, 2015; 2017, No. 50 , § 23.

History

Amendments

—2017. Subdiv. (a)(4)(A): Amended generally.

Subsec. (b): Added the last sentence.

—2015. Subdiv. (a)(3)(A): Deleted “primary or” following “results for a”.

Subsec. (c): Inserted “or vote tabulator memory card” following “The same vote tabulator”.

—2013 (Adj. Sess.). Substituted “vote tabulator” for “voting machine” and “machine” throughout the section, substituted “vote tabulators; audits” for “voting machines” in the section heading, added the subdivs. (a)(3)(A)-(a)(3)(D) designations and redesignated the remaining subdivs. accordingly, substituted “The Secretary of State shall” for “The secretary of state may” at the beginning of present subdiv. (a)(3)(A), and made stylistic changes throughout the section and added subdiv. (a)(6) and subsecs. (c)-(e).

§ 2494. Construction with other laws.

Except as this subchapter affects the method of registering votes and ascertaining the result, the laws of this State pertaining to elections shall be applicable. The laws pertaining to early or absentee voters shall in no way be affected by this subchapter, and votes cast by early or absentee voters shall be counted with votes counted on vote tabulators.
In towns using vote tabulators, the board of civil authority may vote to open polling places at 5:00 a.m., provided that at least three elections officials are present, two of whom are from different parties. If all early voter absentee ballots have not been deposited into the vote tabulators before the closing of the polls at 7:00 p.m., the elections officials shall continue to deposit ballots using the same procedure as provided in subsection 2561(b) of this title, treating each ballot as a voter waiting to cast his or her ballot at the close of the polls.

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1; amended 2001, No. 6 , § 2, eff. April 10, 2001; 2003, No. 59 , § 23; 2007, No. 121 (Adj. Sess.), § 9; 2013, No. 161 (Adj. Sess.), § 27.

History

Amendments

—2013 (Adj. Sess.). Subsec. (a): Substituted “counted on vote tabulators” for “registered on voting machines” at the end.

Subsec. (b): Substituted “vote tabulators” for “voting machines” twice.

§ 2495. Repealed. 2013, No. 161 (Adj. Sess.), § 27.

History

Former § 2495. Former § 2495, relating to form of ballot, was derived from 1977, No. 269 (Adj. Sess.), § 1 and amended by 2001, No. 6 , ( 2; 2003, No. 59 , § 23 and 2007, No. 121 (Adj. Sess.), § 9.

§ 2496. Repealed. 1999, No. 2, § 2.

History

Former § 2496. Former § 2496, relating to exemption from requirement for exit checklist, was derived from 1979, No. 200 (Adj. Sess.), § 52; and amended by 1981, No. 239 (Adj. Sess.), § 16.

§§ 2497, 2498. Repealed. 2001, No. 5, § 6.

History

Former §§ 2497, 2498. Former § 2497, relating to providing candidate names to town clerks for ballot preparation, was derived from 1979, No. 200 (Adj. Sess.), § 53.

Former § 2498, relating to making demonstrator machines available, was derived from 1979, No. 200 (Adj. Sess.), § 54.

§ 2499. Transfer of paper ballots from vote tabulators.

The presiding officer, with the assistance of at least two election officials, may transfer voted ballots from the box attached to the vote tabulator to another secure ballot box or secured ballot bag whenever necessary during election day in order to allow the vote tabulator to continue to function properly.

HISTORY: Added 1979, No. 200 (Adj. Sess.), § 55; amended 1985, No. 203 (Adj. Sess.), § 3; 2001, No. 5 , § 7; 2001, No. 6 , § 12(a), eff. April 10, 2001; 2003, No. 59 , § 24; 2013, No. 161 (Adj. Sess.), § 27.

History

Amendments

—2013 (Adj. Sess.). Section heading: Substituted “Transfer of paper ballots from vote tabulators” for “Miscellaneous requirements for voting machines”.

Substituted “vote tabulator” for “voting machine” twice.

Subchapter 4. Polling Places

§ 2501. Determining districts.

The board of civil authority shall designate one or more polling places within a town; however, the voters at a regular or special meeting warned for that purpose may designate different polling places. If the questions and candidates to be voted upon are not identical for all voters in the town, so that different ballots will be used depending on where a voter lives, the board of civil authority shall suitably divide the master checklist for the whole town into separate checklists according to geographical boundaries, at least 40 days before the election. The master checklist shall be divided in a way that ensures that all voters on a particular checklist will be voting on the same questions and candidates and will be given identical ballots. Each of the separate checklists shall be organized alphabetically, and for each checklist the board of civil authority shall designate the location of a separate polling place. Except as provided in subsection (e) of this section or section 2147 of this title, each voter shall vote at the polling place designated for the separate checklist on which his or her name appears.
The board of civil authority may also divide the master checklist into separate checklists for the convenient conduct of the election even if the questions and candidates to be voted upon are identical for all voters in the town. In such case, the board shall follow the procedures of this section.
In preparing the separate checklists, the board of civil authority shall be responsible for accurately determining the geographical location of the last known place of residence of each voter in order to place the voter on the proper separate checklist. If at any time except on election day the board determines that a voter should be on a different checklist from the one on which his or her name appears, the board shall remove the voter’s name from the wrong checklist and place it on the proper checklist in accordance with section 2147 of this title.
The board shall post prominent notices in and around the polling places urging voters to check whether they have been placed on the proper geographical checklist. The notice shall also explain the procedures by which a voter who is on the wrong checklist for his or her geographical area can be added to the proper checklist and vote at the proper polling place.
If more than one polling place is located within the same building, each shall be located so that it is separate and distinct from the others, and each shall be run separately from the others with regard to the process of voting. Each polling place shall have its own entrance and exit tables, guardrails, voting booths, and ballot boxes, and it shall have its own election officials handling the entrance and exit checklists, furnishing ballots, supervising the deposit of ballots, otherwise conducting the voting part of the elections, and tallying the checklists after the polls have closed. However, in the case of a town that uses vote tabulators designed to tabulate ballots from multiple districts by means of a single tabulator, nothing in this section shall prohibit such a town from using a single voting area and a single vote tabulator for two or more districts, as long as voters are checked in through separate entrance checklists and checked out through separate exit checklists if exit checklists are employed.

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 56; 1981, No. 239 (Adj. Sess.), § 42; 1985, No. 198 (Adj. Sess.), § 2; 1991, No. 147 (Adj. Sess.), § 3, eff. April 25, 1992.

History

Amendments

—1991 (Adj. Sess.). Subsec. (e): Added the third sentence.

—1985 (Adj. Sess.). Subsec. (a): Added “however, the voters at a regular or special meeting warned for that purpose may designate different polling places” following “town” at the end of the first sentence.

—1981 (Adj. Sess.). Subsec. (c): Inserted “except on election day” following “at any time” in the second sentence and deleted former subdivs. (1) and (2) prescribing the right to vote at a particular polling place and providing procedure for adding name of voter to checklist on election day.

—1979 (Adj. Sess.). Section amended generally.

§ 2502. Location of polling places; outdoor polling places.

Each polling place shall be located in a public place within the town.
Outdoor polling places. A polling place may be located outdoors if it can be operated in a manner consistent with the provisions of this chapter.
1. The board of civil authority shall designate the outdoor area that comprises the “polling place” for purposes of restrictions and requirements for polling places imposed pursuant to this chapter, including the restrictions on campaigning and other activities within the building containing the polling place described in subdivisions 2508(a)(1)(A) and (B) of this subchapter.
2. An indoor polling place alternative shall be available at or near the same physical location as the outdoor polling place in case of inclement weather. If conditions require use of the indoor alternative, the Secretary of State’s office shall be notified immediately of the change.
3. Candidates and members of the public who would otherwise be allowed to campaign outside an indoor polling place shall be kept a reasonable distance from the outdoor polling place such that any campaigning does not disrupt or interfere in any way with the voting process.
Drive-up voting. Voting may be conducted by a drive-through or drive-up voting method at a polling place if the voting process can be operated in a manner consistent with the provisions of this chapter.
1. Drive-up voting procedures shall enable voters to complete the voting process without leaving their vehicles, allowing the voters to deposit their ballots directly into a tabulator or secure ballot box that may be brought to the window of the vehicle or located in such a manner that it can be accessed from the vehicle or providing voters an envelope or folder in which to place their voted ballots before handing it to an election official for processing.
2. Polling places conducting drive-up voting shall also accommodate walk-in voters and those using other forms of transport.
Ballot transfer. If a polling place is outside or if voting is conducted by a drive-up method, ballots may be periodically transferred from a secure outdoor or drive-up ballot box to another secure container for counting after the close of the polls or to election officials who are processing ballots through the tabulator. Any such transfer shall be done in the presence of two election officials, if possible officials of different parties.
Access. The accessible voting system shall be available for those who request it. Additionally, the board of civil authority shall take such measures as are necessary to ensure that voters who are elders or have a disability may conveniently and secretly cast their votes. Measures that may be taken shall include: location of polling places on the ground floor of a building; providing ramps, elevators, or other facilities for access to the polling place; providing a stencil overlay for ballots; providing a separate polling place with direct communication to the main polling place; and permitting election officials to carry a ballot to an elder or to a person who has a disability in order to permit that person to mark the ballot while in a motor vehicle adjacent to the polling place. For purposes of this subsection, the board of civil authority shall have full jurisdiction on the day of an election over the premises at which a polling place is located.
Polling place designation.
1. Thirty days prior to a local, primary, or general election, the town clerk shall submit to the Secretary of State a list of polling places within the municipality that will be used in that election. The list shall include the name of the polling location, its physical address, and the time the polling place will open.
2. 1. A municipality may change the location of a polling place less than 30 days prior to an election only in cases of emergency. If a municipality changes the location of a polling place less than 30 days prior to the election, the town clerk shall notify the Secretary of State within 24 hours of the change and provide the new polling place information. (2) (A) A municipality may change the location of a polling place less than 30 days prior to an election only in cases of emergency. If a municipality changes the location of a polling place less than 30 days prior to the election, the town clerk shall notify the Secretary of State within 24 hours of the change and provide the new polling place information.
  2. The Secretary of State shall assist any municipality that needs to change the location of a polling place on the day of an election due to an emergency, including assisting in finding a new location and informing the public of that new location.
  3. The Secretary of State shall inform the State chairs of Vermont’s major political parties of any changes made to polling places that he or she is aware of made less than 30 days prior to an election.
3. The Secretary of State shall provide on his or her official website a list of polling places that will be used in any local, primary, or general election within the State and shall specifically provide notice on that website of any change in the location of a municipality’s polling place.

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1; amended 1985, No. 11 ; 1991, No. 147 (Adj. Sess.), § 4, eff. April 25, 1992; 2003, No. 94 (Adj. Sess.), § 3; 2013, No. 96 (Adj. Sess.), § 82; 2013, No. 161 (Adj. Sess.), § 34; 2021, No. 60 , § 2, eff. June 7, 2021.

History

Amendments

—2021. Added “; outdoor polling places” in the section heading; added new subsecs. (b)-(d) and redesignated former subsecs. (b) and (c) as subsecs. (e) and (f); in newly redesignated subsec. (e), added subsec. heading, added present first sentence, added “Additionally” preceding “the board” in present second sentence and, in that sentence, substituted “ensure” for “assure” following “necessary to”; and, in newly redesignated subsec. (f), added subsec. heading.

—2013 (Adj. Sess.). Subsec. (b): Act Nos. 96 and 161 substituted “voters who are elders or have a disability” for “elderly and handicapped voters” following “assure that”, “an elder or to a person who has a disability” for “a handicapped or elderly person” following “ballot to”, and deleted “, but not limited to” following “shall include”.

Subdivs. (c)(1)-(c)(3): Added by Act No. 161.

—2003 (Adj. Sess.). Subsec. (a): Deleted the second sentence.

Amendments

—2019. Subdiv. (a)(1)(A): Inserted “that display the name of a candidate on the ballot or an organized political party or that demonstrate support or opposition to a question on the ballot” following “other political materials”.

Subdiv. (c): Substituted “chapter” for “title”.

—2017. Subsec. (a): Amended generally.

—2001. Added present subsec. (b) and redesignated former subsec. (b) as subsec. (c).

—1989 (Adj. Sess.). Rewrote the section heading, designated the existing provisions of the section as subsec. (a), inserted “displayed” preceding “placed” in subdiv. (a)(1) and “and” following “campaigns” in subdiv. (a)(2), and added subdiv. (a)(3) and subsec. (b).

CROSS REFERENCES

Posting at polling places on election day generally, see § 2523 of this chapter.

§ 2509. Repealed. 1981, No. 239 (Adj. Sess.), § 45.

History

Former § 2509. Former § 2509, relating to campaigning outside the polling place, was derived from 1979, No. 200 (Adj. Sess.), § 59.

Subchapter 5. Warnings, Notices, Sample Ballots, and Other Voter Information

History

Amendments

—1979 (Adj. Sess.). 1979, No. 200 (Adj. Sess.), § 60, changed the title of subchapter 5 from “Warnings” to “Warnings, Notices, Sample Ballots and Other Voter Information”.

§ 2521. Warnings and notices.

Not less than 30 days before the election, the town clerk shall cause a warning and notice to be posted informing the voters of the town about the election.
1. The warning shall include the date and time of the election, location of the polling place or places, nature of the election, and offices or questions to be voted upon.
2. The notice shall contain information on voter registration and early or absentee voting, on how to obtain ballots, mark them, get help marking them, and obtain new ballots if an error is made; information about offenses relating to elections; instructions on how to get help if there is a problem on election day; instructions for registrants by mail; instructions for first-time voters; instructions on who may cast a provisional ballot; instructions on how to cast a provisional ballot; information on federal and State laws prohibiting fraud and misrepresentation; instructions on how to contact the appropriate official if a person believes any of his or her rights to vote have been violated; and other appropriate information.
3. The warning and notice shall be posted in at least two public places within each town and in or near the town clerk’s office. If a town has more than one polling place, the warning and notice shall be posted in at least two public places within each voting district and in or near the town clerk’s office.
4. The checklist shall also be posted as required in section 2141 of this title.
The Secretary of State shall prepare forms for the warning and notice and shall furnish each town clerk with at least five copies of the forms for each polling place in the town at least five days before they must be posted. Information required in the warnings and notices that varies from town to town shall be left blank by the Secretary of State and filled in by the town clerk.

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 61; 1985, No. 196 (Adj. Sess.), § 23; 1989, No. 211 (Adj. Sess.), § 4; 2001, No. 6 , § 12(c), eff. April 10, 2001; 2003, No. 59 , § 25; 2017, No. 50 , § 25.

History

Amendments

—2017. Subsec. (a): Added the subdiv. designations and in subdiv. (a)(2), substituted “if an error is made” for “in place of those accidentally spoiled” and inserted “instructions on” preceding “how to get help”.

—2003. Subsec. (a): Amended generally.

—2001. Subsec. (a): Inserted “early or” preceding “absentee voting” in the third sentence.

—1989 (Adj. Sess.). Subsec. (a): Deleted “and the polling places are not all in the same building” preceding “the warning” in the fourth sentence.

—1985 (Adj. Sess.). Subsec. (a): Rewrote the third sentence.

—1979 (Adj. Sess.). Section amended generally.

ANNOTATIONS

Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former §§ 861 and 862 of this title.

§ 2522. Sample ballots.

As soon as ballots are received by the town clerk, but not later than 20 days prior to any primary or general election or 10 days prior to any municipal election, the town clerk shall post sample ballots in at least two public places within the town and in or near the town clerk’s office. If a town has more than one polling place and the polling places are not all in the same building, the sample ballot shall be posted in at least two public places within each voting district and in or near the town clerk’s office.
The town clerk shall prepare the sample ballots by marking the words SAMPLE BALLOT prominently at the top of official election ballots.
[Repealed.]
Upon the request of any high school or other educational institution in the town, the town clerk shall deliver a sample ballot to the high school or educational institution.

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 62; 1985, No. 196 (Adj. Sess.), § 25; 2003, No. 59 , § 26.

History

Amendments

—2003. Rewrote section heading.

Subsecs. (a) and (b): Amended generally.

—1985 (Adj. Sess.). Subsec. (c): Repealed.

—1979 (Adj. Sess.). Section amended generally.

CROSS REFERENCES

Ballots generally, see subchapter 2 of this chapter.

ANNOTATIONS

Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 364 of this title.

§ 2523. Posting at polling place on election day.

Before the polls open on election day, the presiding officer shall post copies of the warning and notice and the sample ballots conspicuously in and about the polling place so that voters can reasonably be expected to see them before voting.
The presiding officer shall ensure that signs are placed on or near the ballot boxes informing voters of procedures for depositing ballots. The Secretary of State shall supply the signs.

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 63; 2003, No. 59 , § 27.

History

Amendments

—2003. Subsec. (a): Added “and” following “notice,” and deleted “and the official voter information cards” following “ballots”.

—1979 (Adj. Sess.). Section amended generally.

Subchapter 6. Early or Absentee Voters

History

Amendments

—2001. 2001, No. 6 , § 12(c) changed the title of subchapter 6 from “Absent Voters” to “Early or Absentee Voters”.

§ 2531. Application for early voter absentee ballot.

Deadline to file.
1. 1. A voter who expects to be an early or absentee voter, or an authorized person on behalf of such voter, may apply for an early voter absentee ballot until 5:00 p.m. or the closing of the town clerk’s office on the day preceding the election. (1) (A) A voter who expects to be an early or absentee voter, or an authorized person on behalf of such voter, may apply for an early voter absentee ballot until 5:00 p.m. or the closing of the town clerk’s office on the day preceding the election.
  2. If a town clerk does not have regular office hours on the day before the election and his or her office will not otherwise be open on that day, an application may be filed until the closing of the clerk’s office on the last day that office has hours preceding the election.
2. 1. In cases of emergency, including unanticipated illness or injury, at his or her discretion the town clerk may accept a request for an absentee ballot after the deadline set forth in subdivision (1) of this subsection. (2) (A) In cases of emergency, including unanticipated illness or injury, at his or her discretion the town clerk may accept a request for an absentee ballot after the deadline set forth in subdivision (1) of this subsection.
  2. In such cases of emergency, the ballot may be mailed, electronically delivered, or delivered by two justices of the peace as set forth in subsection 2539(b) of this subchapter.
Place of filing.
1. All applications shall be filed with the town clerk of the town in which the early or absentee voter is registered to vote.
2. The town clerk shall file written applications and memoranda of verbal applications in his or her office, and shall retain the applications and memoranda for 90 days following the election, at which time they may be destroyed.
Australian ballot. Voting by early voter absentee ballot shall be allowed only in elections using the Australian ballot system.

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 64; 1993, No. 79 , § 1; 2001, No. 6 , § 3, eff. April 10, 2001; 2017, No. 50 , § 26; 2019, No. 67 , § 14.

History

Amendments

—2019. Added the subsec. headings; in subsec. (a) redesignated former subdiv. (2) as subdiv. (1)(B) and added new subdiv. (2); and added the subdiv. designations in subsec. (b).

—2017. Subsec. (a): Added the subdiv. (1) designation and added subdiv. (2).

—2001. Substituted “early voter absentee” for “absent” in the section heading; rewrote subsec. (a); substituted “early or absentee” for “absent” preceding “voter” in the first sentence and inserted “or her” following “his” in the second sentence of subsec. (b); and inserted “early voter” preceding “absentee ballot” in subsec. (c).

—1993. Subsec. (a): Inserted “may apply for an absent voter ballot until 5:00 p.m. or the closing of the town clerk’s office on the day preceding the election” preceding “or an authorized person” and substituted “on behalf of the absent voter” for “in his behalf” thereafter, “an absent voter ballot” for “absent voter ballots” preceding “not later”, and “on” for “of” following “12:00 noon”.

—1979 (Adj. Sess.). Subsec. (a): Substituted “12:00 noon of the day” for “5:00 p.m. on the Friday”.

Subsec. (b): Former subsec. (c) redesignated as present subsec. (b).

Subsec. (c): Added.

ANNOTATIONS

Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 123 of this title.

§ 2532. Authorized applicants; application form; duplicates.

Authorized applicants.
1. An early or absentee voter, or an authorized family member or health care provider acting in the voter’s behalf, may apply for an early voter absentee ballot by telephone, in person, or in writing. As used in this subsection, “family member” means a person’s spouse, children, brothers, sisters, parents, spouse’s parents, grandparents, and spouse’s grandparents.
2. Any other authorized person may apply in writing or in person; provided, however, that voter authorization to such a person shall not be given by response to a robotic phone call.
Form of application.
1. The application shall be in substantially the following form:
  Click to view
2. If the application is made by telephone or in writing, the information supplied shall be in substantial conformance with the information requested on this form.
Simultaneous voter registration.
1. If a person makes a simultaneous request to register to vote and to apply for an early voter absentee ballot or if the request for an early voter absentee ballot is made for a person who is not yet registered and the town clerk receives the request prior to the deadline to apply for early voter absentee ballots set forth in section 2531 of this subchapter, the town clerk shall mail a blank voter registration application, together with a full set of early voter absentee ballots, to that person.
2. An official federal postcard application shall suffice as a simultaneous application to register to vote and for an early voter absentee ballot.
3. 1. All voter registration applications that are returned to the town clerk before the close of the polls on election day shall be considered and acted upon by the board of civil authority before the ballots are counted. (3) (A) All voter registration applications that are returned to the town clerk before the close of the polls on election day shall be considered and acted upon by the board of civil authority before the ballots are counted.
  2. If the voter registration application is approved and the voter’s name added to the checklist, the early voter absentee ballots cast by that voter shall be treated as other valid early voter absentee ballots.
Application time frame.
1. An application for an early voter absentee ballot shall be valid for the elections or the time frame specified by the applicant.
2. A single application shall only be valid for any elections within the same calendar year.
Duplicate early voter absentee ballots.
1. 1. The town clerk may, upon application, issue a duplicate early voter absentee ballot if the original ballot is lost or not received by the voter within a reasonable period of time after it is mailed to the voter by the town clerk or by the Secretary of State’s office pursuant to section 2537a of this subchapter. (1) (A) The town clerk may, upon application, issue a duplicate early voter absentee ballot if the original ballot is lost or not received by the voter within a reasonable period of time after it is mailed to the voter by the town clerk or by the Secretary of State’s office pursuant to section 2537a of this subchapter.
  2. The application may be made by a person entitled to apply for an early voter absentee ballot under subsection (a) of this section and shall be accompanied by a sworn statement affirming that the voter has not received the original ballot.
2. If a duplicate early voter absentee ballot is issued and both the duplicate and original early voter absentee ballots are received before the close of the polls on election day, the ballot that is received first by the town clerk shall be counted and the Elections Division of the Secretary of State’s office shall be notified.
Unauthorized applicants.
1. Any person who applies for an early voter absentee ballot knowing the person is without authorization from the early or absentee voter shall be fined not more than $100.00 per violation for the first three violations, not more than $500.00 per violation for the fourth through ninth violations, and not more than $1,000.00 per violation for the tenth and subsequent violations.
2. The Attorney General or a State’s Attorney, whenever he or she has reason to believe any person to be or to have been in violation of this provision, shall conduct a civil investigation in accordance with the procedures set forth in section 2904 of this title.

REQUEST FOR EARLY VOTER ABSENTEE BALLOT Name of early or absentee voter: Voter’s Town of Residence: Current physical address (address where you reside): Telephone Number: E-mail Address: Date: I request early voter absentee ballot(s) for the election(s) checked below: (1) Annual Town Meeting; (2) All other local elections; (3) August Primary Election; (4) Presidential Primary (YOU MUST SELECT PARTY); (5) November General Election; (6) All elections in this calendar year. Please deliver the ballot(s) as indicated below (check one): (1) Mail to voter at: Street or P.O. Box Town/City State Zip Code (2) PARASTAT=“s” DESISTAT=“”>Delivery by two Justices of the Peace (this may only be selected if you are ill, injured, or have a disability). If applicant is other than early or absentee voter: Name of applicant: Address of applicant: Relationship to early or absentee voter: Organization, if applicable: Date: Signature of applicant:

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 65; 1981, No. 239 (Adj. Sess.), § 31; 1985, No. 197 (Adj. Sess.), § 4; 1985, No. 198 (Adj. Sess.), §§ 3, 11, 12; 1989, No. 200 (Adj. Sess.), § 3; 1993, No. 80 , § 1; 2001, No. 6 , § 4, eff. April 10, 2001; 2001, No. 83 (Adj. Sess.), § 6; 2003, No. 94 (Adj. Sess.), § 4; 2007, No. 72 , § 2; 2013, No. 161 (Adj. Sess.), § 35; 2015, No. 30 , § 13, eff. May 26, 2015; 2015, No. 44 , § 10, eff. Jan. 1, 2017; 2017, No. 50 , § 27; 2019, No. 67 , § 14; 2021, No. 60 , § 4, eff. June 7, 2021.

History

Revision note

—2017. 2017, Act No. 50 added a new subsec. (e) to this section. The previous subsecs. (e)-(g) were therefore redesignated as subsecs. (f)-(h).

Revision note—. In subsec. (d), deleted “preference” preceding “primary” in view of 1995, No. 38 .

Editor’s note

—2015. Subsec. (c) was amended twice during the 2015 Biennial Session. The amendments made by Act No. 30, effective May 26, 2015, are incorporated into the amendments made by Act No. 44, effective Jan. 1, 2017, in order to harmonize the two acts.

Amendments

—2021. Subdiv. (e)(1)(A): inserted “lost or” following “original ballot is” and substituted “it is mailed to the voter by the town clerk or by the Secretary of State’s office pursuant to section 2537a of this subchapter” for “mailing”.

Subdiv. (e)(2): Substituted “that is received first by the town clerk” for “with the earlier postmark” and added “and the Elections Division of the Secretary of State’s office shall be notified” at the end.

—2019. Section amended generally.

—2017. Section amended generally.

—2015. Subsec. (c): Act No. 30, effective May 26, 2015, rewrote the first sentence.

Subsec. (c): Act No. 44, effective Jan. 1, 2017, substituted “deadline for requesting early voter absentee ballots” for “voter registration deadline” following “received by the town clerk prior to the” near the beginning of the first sentence, and substituted “section 2531 of this chapter” for “subsection 2144(a) of this title” near the middle of the first sentence.

—2013 (Adj. Sess.). Subdiv. (a)(2): Inserted “Date:” and “Organization, if applicable:” and accompanying spaces and “of applicant” following “Signature” on the form.

Subdivs. (g)(1) and (g)(2): Added.

—2007. Subsec. (b): Deleted the last sentence.

Subsec. (c): Substituted “prior to the voter registration deadline set forth in subsection 2144(a) of this title” for “not later than noon on the second Monday before the election” following “by the town clerk” in the first sentence.

—2003 (Adj. Sess.). Subsecs. (b), (c): Substituted “Monday” for “Saturday” following “second”.

—2001 (Adj. Sess.). Subsec. (b): Substituted “second” for “third” in the fourth sentence.

Subsec. (c): Substituted “noon on the second Saturday” for “17 days” preceding “before the election” in the first sentence.

—2001. Subsec. (a): Rewrote the first sentence of the introductory paragraph, inserted “early voter” preceding “absentee” and substituted “ballot” for “voter” thereafter in the form heading, and inserted “early or” preceding “absentee” throughout the form.

Subsec. (b): “Inserted “early voter” preceding “absentee” in three places throughout the section and substituted “early or absentee” for “absent” preceding “voters” at the end of the first sentence.

Subsec. (c): Inserted “early voter” preceding “absentee” if four places.

Subsec. (d): Substituted “early voter absentee” for “absent” preceding “ballot” and “early or absentee” for “absent” preceding “voter”.

Subsec. (e): Inserted “early voter” preceding “absentee” and substituted “early or absentee” for “absent” preceding “voters”.

Subsec. (f): Substituted “early voter absentee” for “absent” in the first through third sentences and “early voter absentee ballot” for “absent voter ballot” and “earlier” for “earliest” preceding “postmark” in the third sentence.

—1993. Subsec. (a): Deleted the portion of the form relating to reasons for requesting absentee ballot.

—1989 (Adj. Sess.). Subsec. (f): Added.

—1985 (Adj. Sess.). Subsec. (a): Act No. 198 substituted “the voter’s” for “his” preceding “behalf” in the first sentence and rewrote the form.

Subsec. (b): Act No. 198 added the third and fourth sentences.

Subsec. (d): Amended generally by Act No. 197.

Subsec. (e): Added by Act No. 198.

—1981 (Adj. Sess.). Subsec. (a): Amended generally.

—1979 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a), rewrote the first sentence and added the second, third, and fourth sentences in subsec. (a), and added subsecs. (b) through (d).

ANNOTATIONS

Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 123 of this title.

§ 2532a. Mobile polling stations.

Notwithstanding any other provision of this chapter to the contrary, the Secretary of State may authorize a town clerk to establish a mobile polling station at which two or more election officials who are not all members of the same political party shall make absentee ballots available. The town clerk shall notify the public of the mobile polling station three days prior to operation by posting at the town clerk’s office and at the mobile polling station site the date and hours that the mobile polling station will operate. The Secretary of State shall establish procedures that ensure that:

prior to distributing a ballot, the election officials shall verify that the voter’s name is on the town checklist or will register the individual to vote if he or she is not registered and is qualified to vote in the town. The election officials shall make a list of the names of each voter who has voted at the mobile polling site;
each voter shall place his or her ballot in an early absentee ballot envelope, seal and sign the certificate, and return the ballot envelope to the election officials;
upon the closure of the mobile polling place, the election officials shall immediately return the ballot envelopes, list of names, and any unvoted ballots to the town clerk who shall add each voter’s name to the list of early or absentee voters and commingle the envelopes with other returned early absentee ballot envelopes in the vault. Ballots that are returned along with a new voter registration form shall be kept in a secure place in the vault until the registration process has been completed and then processed as in this subdivision.

HISTORY: Added 2007, No. 111 (Adj. Sess.), § 1; amended 2007, No. 111 (Adj. Sess.), § 2, eff. July 1, 2009.

History

Repeal of prospective repeal of section. 2007, No. 111 (Adj. Sess.), § 2, which provided for the repeal of this section effective July 1, 2009, was repealed by 2009, No. 40 , § 5(b), effective May 26, 2009.

§ 2533. Notification of invalid application.

If the town clerk finds an application for an early or absentee voter ballot that has been submitted to him or her to be invalid or incomplete, he or she shall immediately notify the person making the application, either personally or by mail, stating the ground on which the same is found to be invalid. The application may be corrected but shall not be valid unless it is returned corrected to the clerk within the time allowed for submitting an original application.

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1; amended 2001, No. 6 , § 12(b), eff. April 10, 2001.

History

Amendments

—2001. Substituted “early or absentee voter” for “absent voter” preceding “ballot” in the first sentence.

§ 2534. List of early or absentee voters.

The Secretary of State shall make accessible for each primary election, presidential primary election, and general election a statewide list of voters who have requested an early voter absentee ballot. The list shall contain the State voter identification number, name, registration address, address the ballot was mailed to, and legislative district of each voter.
Upon receipt of the valid applications, the town clerk shall update the Secretary of State’s statewide list of early or absentee voters by a method approved by the Secretary of State.

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1; amended 1985, No. 196 (Adj. Sess.), § 22; 1993, No. 79 , § 2; 2001, No. 6 , § 5, eff. April 10, 2001; 2013, No. 161 (Adj. Sess.), § 36, eff. July 1, 2015.

History

Amendments

—2013 (Adj. Sess.). Subsec. (a): Added.

Subsec. (b): Rewrote the subsec.

—2001. Substituted “early or absentee” for “absent” in the section heading and in the first sentence, deleted “absent” preceding “voter’s” in the second sentence, and rewrote the third sentence.

—1993. Deleted “and the reason given for requesting an absent ballot” following “address” in the second sentence and substituted “at” for “in” following “posted” and deleted “not later than two o’clock in the afternoon of the day preceding the election” following “office” in the third sentence.

—1985 (Adj. Sess.). Inserted “and” following “address” and deleted “and such other information as the town clerk may deem necessary or advisable” following “ballot” in the second sentence and deleted the former fourth sentence.

§ 2535. Form of early voter absentee ballots and envelopes; federal or military requirements.

Early voter absentee ballots shall be the same as the official ballots to be used at the election.
If necessary, special ballots may be prepared to conform with minimum federal or military regulations and orders covering the transportation of such ballots, provided that the text is identical in substance, except as to type size, with that appearing on the official ballots.
Envelopes, including return envelopes, containing early voter absentee ballots may, as circumstances require, be particularly imprinted, stamped, or superscribed with approved identification words or symbols designating the same as “Vermont Official Early or Absentee Voter Ballot” and with such additional words or devices as are necessary to comply with any censorship regulations or rules that may be in effect at the time of mailing.

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1; amended 2001, No. 6 , § 12(a), (b), eff. April 10, 2001; 2013, No. 161 (Adj. Sess.), § 29.

History

Amendments

—2013 (Adj. Sess.). Subsec. (b): Deleted “of such different weight of paper, or overall size and shape as shall be prescribed by the secretary of state,” following “may be prepared” and “postal, military, naval, air force or other” following “with minimum”.

—2001. Inserted “early voter” preceding “absentee ballots” in section heading and in subsec. (a) and (c), and substituted “early or absentee voter ballot” for “absent voter ballot” in subsec. (c).

§ 2536. Furnishing early voter absentee ballot envelopes.

Upon request, for any statewide primary, presidential primary, or general election, the Secretary of State shall furnish the envelopes prescribed in sections 2535 and 2542 of this title to town clerks in such numbers as they request. The cost of absentee ballot envelopes for local elections shall be borne by the municipality.

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 66; 2001, No. 6 , § 6, eff. April 10, 2001; 2021, No. 60 , § 5, eff. June 7, 2021.

History

Amendments

—2021. Inserted “for any statewide primary, presidential primary, or general election,” and added the last sentence.

—2001. Inserted “early voter” preceding “absentee” and “ballot” thereafter in the section heading.

—1979 (Adj. Sess.). Section amended generally.

§ 2537. Early or absentee voting in the town clerk’s office.

1. A voter may, if he or she chooses, apply in person to the town clerk for the early voter absentee ballots and envelopes. (a) (1) A voter may, if he or she chooses, apply in person to the town clerk for the early voter absentee ballots and envelopes.
2. In this case, the clerk shall furnish the early voter absentee ballots and envelopes when a valid application has been made or at such time as the clerk receives the ballots, whichever comes first.
3. The voter may:
  1. mark his or her ballots, place them in the envelope, sign the certificate, and return the ballots in the envelope containing the certificate to the town clerk or an assistant town clerk without leaving the office of the town clerk;
  2. take the ballots and return them to the town clerk in the same manner as if the ballots had been received by mail; or
  3. if the board of civil authority has voted to allow it pursuant to section 2546b of this subchapter, mark the ballots and deposit them directly into the vote tabulator or ballot box in accordance with section 2546b of this subchapter.
Except for justices of the peace as provided in section 2538 of this subchapter, a person shall not take any ballot from the town clerk on behalf of any other person.

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 67; 1993, No. 80 , § 2; 2001, No. 6 , § 7, eff. April 10, 2001; 2017, No. 50 , § 28; 2019, No. 67 , § 14; 2021, No. 60 , § 6, eff. June 7, 2021.

History

Amendments

—2021. Subdiv. (a)(3)(C): Added.

—2019. Section amended generally.

—2017. Section amended generally.

—2001. Inserted “early or” preceding “absentee voting” in the section heading, substituted “a voter” for “an absent voter” at the beginning of the first sentence, inserted “early voter” preceding “absentee ballots” in the first and second sentences, and rewrote the third sentence.

—1993. Deleted “who is not continuously absent from his residence but who is to be absent on the day of the election” preceding “may, if he” and inserted “or she” thereafter in the first sentence, and inserted “of her” following “his” in two places in the third sentence.

—1979 (Adj. Sess.). Section amended generally.

§ 2537a. Mailing of general election ballots.

For every general election, the Secretary of State’s office shall mail a general election ballot to all active voters on the statewide voter checklist described in section 2154 of this title.
1. The mailing of the ballots shall commence not later than 43 days before the election and shall be completed not later than October 1.
2. A postage-paid return envelope, pre-addressed to the town or city clerk of the town or city where the voter is registered to vote, shall be included with the ballot sent to every voter in which the ballot may be mailed back to the clerk. All postage cost shall be paid by the Secretary of State’s office.
3. The address file to be used for the mailing shall be generated from the statewide voter checklist as close as practicable to the date of the mailing and in no case earlier than September 1.
4. The Secretary of State’s office shall include in the mailing to each voter instructions for return of the voted ballot.
General election ballots mailed by the Secretary of State’s office under this section shall be returned by the voter to the town or city clerk in the town or city where that voter is registered in accordance with the procedures for return of ballots described in this subchapter.

HISTORY: Added 2021, No. 60 , § 7, eff. June 7, 2021.

§ 2538. Delivery of ballots by justices of the peace.

1. In the case of persons who are early or absentee voters due to illness, injury, or disability, ballots shall be delivered in the following manner, unless the early or absentee voter has requested pursuant to section 2539 of this subchapter that the early voter absentee ballots be mailed or electronically delivered. (a) (1) In the case of persons who are early or absentee voters due to illness, injury, or disability, ballots shall be delivered in the following manner, unless the early or absentee voter has requested pursuant to section 2539 of this subchapter that the early voter absentee ballots be mailed or electronically delivered.
2. Not later than three days prior to the election, the board of civil authority or, upon request of the board, the town clerk, shall designate in pairs justices of the peace in numbers sufficient to deliver early voter absentee ballots to the applicants for early voter absentee ballots who have stated in their applications that they are unable to vote in person at the polling place due to illness, injury, or disability. A pair shall not consist of two justices from the same political party.
3. If there shall not be available a sufficient number of justices to make up the required number of pairs, a member of each remaining pair shall be designated by the board, to be selected from lists of registered voters submitted by the chairs of the town committees of political parties, and from among registered voters who in written application to the board state that they are not affiliated with any political party.
4. A candidate or spouse, parent, or child of a candidate shall not be eligible to perform the duties prescribed by this section unless the candidate involved is not disqualified by section 2456 of this chapter from serving as an election official.
5. The compensation of justices and voters designated under this subsection shall be fixed by the board of civil authority and shall be paid by the town.
6. The justices may, but shall not be required to, deliver ballots outside the town.
1. The town clerk shall divide the list of applicants who have an illness, injury, or disability into approximately as many equal parts as there are pairs of justices so designated, having regard to the several parts of the town in which the applicants may be found. (b) (1) The town clerk shall divide the list of applicants who have an illness, injury, or disability into approximately as many equal parts as there are pairs of justices so designated, having regard to the several parts of the town in which the applicants may be found.
2. As soon as early voter absentee ballots are available, the clerk shall deliver to each pair of justices one part of the list, together with early voter absentee ballots and envelopes for each applicant.
3. When justices receive ballots and envelopes prior to election day, they shall receive only the ballots and envelopes they are assigned to deliver on that day.
1. Each pair of justices on the days they are assigned to deliver the ballots and envelopes shall call upon each of the early or absentee voters whose name appears on the part of the list furnished to them and shall deliver early voter absentee ballots and envelopes to each early or absentee voter. (c) (1) Each pair of justices on the days they are assigned to deliver the ballots and envelopes shall call upon each of the early or absentee voters whose name appears on the part of the list furnished to them and shall deliver early voter absentee ballots and envelopes to each early or absentee voter.
2. The early or absentee voter shall then proceed to mark the ballots alone or in the presence of the justices, but without exhibiting them to the justices or to any other person, except that when the early or absentee voter is blind or physically unable to mark his or her ballots, they may be marked by one of the justices in full view of the other.

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 68; 1995, No. 95 (Adj. Sess.), § 3; 1997, No. 17 , § 1; 2001, No. 6 , § 12(a), (b), eff. April 10, 2001; 2013, No. 96 (Adj. Sess.), § 83; 2013, No. 161 (Adj. Sess.), § 37; 2019, No. 67 , § 14.

History

Amendments

—2019. Subdiv. (a): Amended subdivs. (1), (2), and (4) generally and added subdiv. (6).

Subsec. (b): Added the subdiv. (1)-(3) designations and in subdiv. (1), substituted “illness, injury, or disability” for “illness or physical disability”.

Subsec. (c): Added the subdiv. (1) and (2) designations and in subdiv. (2), substituted “ballots” for “ballot”.

—2013 (Adj. Sess.). Subdiv. (a)(2): Act No. 161 inserted “or, upon request of the board, the town clerk,” following “board of civil authority”.

Subsec. (b): Act No. 96 substituted “applicants who have an illness or physical disability” for “ill or physically disabled applicants” following “list of”.

Subsec. (b): Act No. 161 substituted “As soon as early voter absentee ballots are available” for “During the eight days immediately preceding election day and on election day” at the beginning of the second sentence, and “voter absentee ballots” for “or absentee voter ballots” following “together with early”.

—2001. Substituted “early voter absentee ballot” for “absentee ballot” and “early or absentee voter” for “absent voter” and made similar changes throughout the section.

—1997. Subsec. (b): Rewrote the second sentence and substituted “prior to election day” for “the day before the election” preceding “they shall receive” in the third sentence.

Subsec. (c): Substituted “on the days they are assigned to deliver the ballots and envelopes” for “on the day before the election, or on the day thereof” preceding “shall call upon” in the first sentence.

—1995 (Adj. Sess.) Subsec. (a): Rewrote the third and fourth sentences and substituted “and voters designated under this subsection” for “or other party representatives” in the seventh sentence.

—1979 (Adj. Sess.). Section amended generally.

§ 2539. Delivery of early voter absentee ballots.

Default; town office or mail.
1. Except as provided in subsections (b) and (c) of this section, unless the early or absentee voter votes in the town clerk’s office as set forth in section 2537 of this title, the town clerk shall provide to the early or absentee voter who comes to the town clerk’s office a complete set of early voter absentee ballots or mail a complete set of early voter absentee ballots to each early or absentee voter for whom a valid application has been filed.
2. Except as provided in subdivision (3) of this subsection, the early voter absentee ballots shall be mailed forthwith upon the filing of a valid application or upon the town clerk’s receipt of the necessary ballots, whichever is later.
3. 1. For any general election, if a voter transfers his or her registration from another town or city in the State following the mailing of ballots to all active voters by the Secretary of State’s office pursuant to section 2537a of this subchapter, before issuing an absentee ballot the clerk shall confirm the status of the ballot that was previously mailed to that voter by the Secretary of State and proceed as follows: (3) (A) For any general election, if a voter transfers his or her registration from another town or city in the State following the mailing of ballots to all active voters by the Secretary of State’s office pursuant to section 2537a of this subchapter, before issuing an absentee ballot the clerk shall confirm the status of the ballot that was previously mailed to that voter by the Secretary of State and proceed as follows:
    1. If the voter has voted and returned the ballot issued to the voter by the Secretary of State to the town in which the voter was previously registered, the voter shall not be issued a ballot nor be allowed to cast another ballot in the same general election and shall be registered following the election.
    2. If the voter did not receive or did not return the ballot that was previously sent to the voter by the Secretary of State, the voter may be issued another ballot for the general election if:
      (aa) the voter returned the unvoted ballot that was previously issued to the voter; or
      
      (bb) the voter signs an affidavit stating that the voter has not previously cast a ballot in that general election.
  2. If a voter registers to vote for the first time in Vermont following the time when the Secretary of State’s office generated the address file to be used for the mailing of ballots to all active voters by the Secretary of State’s office, the clerk shall either issue a ballot to the voter in person at the time of registration or mail a ballot to the voter within three business days, provided the voter’s registration does not occur within five days of the election. If the clerk does not have ballots available at the time of registration, the clerk shall mail a ballot to the voter within three business days after obtaining ballots.
Voters who are ill, injured, or have a disability. In the case of persons who are early or absentee voters due to illness, injury, or disability, if the voter or authorized person requests in his or her application or otherwise that early voter absentee ballots be mailed or electronically delivered, the town clerk shall mail or electronically deliver the ballots; otherwise the ballots shall be delivered to the voter by justices of the peace as set forth in section 2538 of this subchapter.
Military or overseas voters.
1. Early voter absentee ballots for military or overseas voters shall be sent air mail, first class, postpaid when such service is available, or they may be electronically delivered when requested by the voter.
2. 1. The town clerk’s office shall be open on the 46th day before any election that includes a federal office and the town clerk shall send on or before that day all absentee ballots to any military or overseas voter who requested an early voter absentee ballot on or before that day. (2) (A) The town clerk’s office shall be open on the 46th day before any election that includes a federal office and the town clerk shall send on or before that day all absentee ballots to any military or overseas voter who requested an early voter absentee ballot on or before that day.
  2. On that day the town clerk shall complete any reporting requirements and any other responsibilities regarding the mailing of early voter absentee ballots to military or overseas voters, as directed by the Secretary of State.

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 69; 2001, No. 6 , § 8, eff. April 10, 2001; 2013, No. 96 (Adj. Sess.), § 222; 2013, No. 161 (Adj. Sess.), § 38; 2019, No. 67 , § 14; 2021, No. 60 , § 8, eff. June 7, 2021.

History

Revision note

—2014. In the section heading, substituted “voters who are permanently disabled” for “permanently disabled voters” in accordance with 2013, No. 96 (Adj. Sess.), § 222.

Amendments

—2021. Subdiv. (a)(1): Substituted “title” for “subchapter”.

Subdiv. (a)(2): Added “Except as provided in subdivision (3) of this subsection,” at the beginning.

Subdiv. (a)(3): Added.

—2019. Section heading: Substituted “Delivery” for “Mailing” at the beginning and deleted “; voters who are permanently disabled” at the end.

Section amended generally.

—2013 (Adj. Sess.). Subsec. (a): Deleted the former third sentence.

Subsec. (c): Added.

—2001. Section amended generally.

—1979 (Adj. Sess.). Subsec. (b): Amended generally.

§ 2540. Instructions to be sent with ballots.

The town clerk shall send with all early voter absentee ballots and envelopes printed instructions, which may be included on the envelope, in a form prescribed by the Secretary of State’s office.
[Repealed.]

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 70; 2001, No. 6 , §§ 12(a)-12(c), eff. April 10, 2001; 2017, No. 50 , § 29; 2019, No. 67 , § 14; 2021, No. 60 , § 9, eff. June 7, 2021.

History

Amendments

—2021. Subsec. (a): Amended generally.

Subsec. (b): Repealed.

—2019. Subsec. (a): In the “Note:” portion, substituted “illness, injury, or disability” for “illness or physical disability” preceding “just return them”.

—2017. Subsec. (a): Substituted “Place” for “Seal” in 2.; deleted “sealed” preceding “envelope” and substituted “not” for “no” preceding “later” in 4.; and deleted “sealed and” preceding “signed” in the undesignated paragraph at the end.

—2001. Subsec. (a): Act No. 6, § 12(a), inserted “early voter” preceding “absentee ballots” in the introductory paragraph.

Act No. 6, § 12(b), inserted “early or” preceding “absentee voters” in the form heading.

Subsec. (b): Act No. 6, § 12(c), inserted “early or” preceding “absentee voting”.

—1979 (Adj. Sess.). Section amended generally.

§ 2541. Marking of ballots.

An early or absentee voter to whom ballots, envelopes, and instructions are mailed shall mark the ballots in accordance with the instructions.
A person who gives assistance to a voter in the marking or registering of ballots shall not in any way divulge any information regarding the choice of the voter or the manner in which the voter’s ballot was cast.
If an early or absentee voter makes an error in marking a ballot, the voter may return that ballot by mail or in person to the town clerk and receive another ballot, consistent with the provisions of section 2568 of this chapter.

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 71; 2001, No. 6 , § 9, eff. April 10, 2001; 2017, No. 50 , § 30; 2019, No. 67 , § 14.

History

Amendments

—2019. Subsec. (b): Deleted the first sentence.

Subsec. (c): Substituted “chapter” for “title”.

—2017. Subsec. (c): Substituted “makes an error in marking” for “spoils” preceding “a ballot” and “that” for “the spoiled” following “may return”.

—2001. Substituted “early or absentee” for “absent” preceding “voter” in subsecs. (a) and (b), inserted “or her” following “his” in the first sentence of subsec. (b) and substituted “ballots” for “his ballot” in the second sentence of that subsec., and added subsec. (c).

—1979 (Adj. Sess.). Section amended generally.

CROSS REFERENCES

Election offenses generally, see chapter 35 of this title.

§ 2542. Signing certificate.

There shall be printed on the face of the envelope provided for use in returning early voter absentee ballots a certificate in substantially the following form:
Click to view
The early or absentee voter must sign the certificate on the outside of the envelope in order for the ballot to be valid. When an early or absentee voter is physically unable to sign his or her name, he or she may mark an “X” or take an oath swearing or affirming to the statement on the certificate. The officers who deliver the ballots shall witness the mark or oath and sign their names with a statement attesting to this fact on the envelope.

“Early or Absentee Voter Ballots of ” (print your name) I, , solemnly swear or affirm that I am a resident of the town (city) of , State of Vermont, and that I am a legal voter in this town (city). (your signature)

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 72; 1993, No. 80 , § 3; 2001, No. 6 , § 12(a), (b), eff. April 10, 2001; 2003, No. 59 , § 28.

History

Amendments

—2003. Inserted “or affirm” following “swear” in the second undesignated paragraph and “or affirming” following “swearing” in subsec. (b).

—2001. Inserted “early voter” preceding “absentee ballots” in the introductory paragraph and substituted “early or absentee voter” for “absent voter” in the form and in the first and second sentences of the undesignated closing paragraph.

—1993. Section amended generally.

—1979 (Adj. Sess.). Section amended generally.

ANNOTATIONS

Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 135 of this title.

§ 2543. Return of ballots.

After marking the ballots and signing the certificate on the envelope, the early or absentee voter to whom the same are addressed shall return the ballots to the clerk of the town in which the voter is registered, in the manner prescribed, except that in the case of a voter to whom ballots are delivered by justices, the ballots shall be returned to the justices calling upon that voter, and they shall deliver them to the town clerk.
Once an early voter absentee ballot has been returned to the clerk in the envelope with the signed certificate, it shall be stored in a secure place and shall not be returned to the voter for any reason unless the ballot is deemed defective under subdivision 2546(a)(2) of this subchapter and the voter chooses to cure the defect and cast the ballot pursuant to subsection 2547(d) of this subchapter.
If a ballot includes more than one page, the early or absentee voter need only return the page upon which the voter has marked his or her vote.
1. All early voter absentee ballots returned as follows shall be counted: (d) (1) All early voter absentee ballots returned as follows shall be counted:
  1. by any means, to the town clerk’s office before the close of business on the day preceding the election;
  2. to any secure ballot drop box provided by the town or city in which the voter is registered pursuant to section 2543a of this subchapter before the close of business on the day before the election;
  3. by mail to the town clerk’s office before the close of the polls on the day of the election; and
  4. by hand delivery to the presiding officer at the voter’s polling place before the closing of the polls at 7:00 p.m.
2. An early voter absentee ballot returned in a manner other than those set forth in subdivision (1) of this subsection shall not be counted.
A candidate whose name appears on the ballot for that election, or a paid campaign staff member of any such candidate, may not return a ballot to the town clerk or to a secure ballot drop box, unless that candidate or paid campaign staff member:
1. is returning the candidate’s or paid campaign staff member’s own ballot;
2. is returning the ballot of an immediate family member, as defined in section 2532 of this title, including a person’s spouse, children, brothers, sisters, parents, spouse’s parents, grandparents, and spouse’s grandparents, who has requested the candidate’s or paid campaign staff member’s assistance with the return of that ballot;
3. is returning the ballot of a voter for whom the candidate or paid campaign staff member is a caretaker, and who has requested the candidate’s or paid campaign staff member’s assistance with the return of that ballot; or
4. is a justice of the peace performing his or her official duties pursuant to section 2538 of this title.
No individual may return more than 25 ballots to the town clerk or to a secure ballot drop box unless the individual is a justice of the peace performing his or her official duties pursuant to section 2538 of this title.
The clerk or other local election official accepting the return of ballots shall not be required to enforce the provisions of subsections (e) and (f) of this section but shall report any suspected violations to the Secretary of State’s office, which shall refer them to the Attorney General’s office for investigation. Individuals violating this section may be subject to penalties pursuant to section 2017 of this title.

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 73; 2001, No. 6 , § 10, eff. April 10, 2001; 2017, No. 50 , § 31; 2021, No. 60 , § 10, eff. June 7, 2021.

History

Amendments

—2021. Section amended generally.

—2017. Section amended generally.

—2001. Substituted “early or absentee” for “absent” preceding voter, inserted “or she” following “he”, substituted “the” for “his” following “justices”, and inserted “or her” following “him” in the first sentence, and rewrote the second sentence as the second and third sentences.

—1979 (Adj. Sess.). Section amended generally.

§ 2543a. Provision of secure ballot drop boxes.

A board of civil authority may vote to install one or more secure outdoor ballot drop boxes (drop boxes) for the return of voted ballots.
Drop boxes shall be located on municipal property. If a town has only one drop box, it shall be located on the property of the municipal clerk’s office.
Drop boxes shall allow for the return of ballots by voters at any time of day and must be available for the return of ballots not later than 43 days before the election.
Drop boxes shall be installed and maintained in accordance with guidance issued by the Secretary of State’s office. At a minimum, drop boxes shall:
1. be affixed to a foundation or other immovable object such that they cannot be removed without being tampered with;
2. be under 24-hour video surveillance or in the alternative be within sight of the municipal building;
3. be constructed in such a manner that it is impossible to remove the ballots without the ballot box being tampered with; and
4. be able to be closed such that ballots may not be deposited once the deadline for deposit has passed.
1. Ballots may be deposited in the drop boxes until the close of business on the day before the election. At the close of business, the drop box shall be closed and instructions affixed to the drop box instructing the voter to return the voter’s voted ballot to the polling place on the day of the election. (e) (1) Ballots may be deposited in the drop boxes until the close of business on the day before the election. At the close of business, the drop box shall be closed and instructions affixed to the drop box instructing the voter to return the voter’s voted ballot to the polling place on the day of the election.
2. Notwithstanding subdivision (1) of this subsection, a board of civil authority may vote to allow ballots to be deposited in the drop boxes until not later than the closing of the polls on election day.
The Secretary of State’s office shall provide drop boxes to a town or city upon request following a vote of the board of civil authority. The maximum number of drop boxes that the Secretary of State’s office shall provide in any town or city shall be as follows:
1. up to 5,000 registered voters, one;
2. between 5,000 and 10,000 registered voters, two;
3. between 10,000 and 15,000 registered voters, three;
4. between 15,000 and 20,000 registered voters, four; and
5. over 20,000 registered voters, five.
6. A town or city may have a number of secure drop boxes equal to the number of representative districts in that town or city, with one drop box located in each district, if that number is greater than the number allowed based on that town or city’s number of registered voters in subdivisions (1)-(5) of this subsection. If there is not suitable municipal property for the location of a secure drop box in the area covered by a certain district in the town or city, an alternative location may be used with the approval of the Secretary of State’s office.

HISTORY: Added 2021, No. 60 , § 11, eff. June 7, 2021.

§ 2544. Repealed. 1979, No. 200 (Adj. Sess.), § 120.

History

Former § 2544. Former § 2544 related to protest on applications and was derived from 1977, No. 269 (Adj. Sess.), § 1.

§ 2545. Repealed. 2021, No. 60, § 12, effective June 7, 2021.

History

Former § 2545. Former § 2545, relating to receipt of marked ballots by town clerk and delivery to election officers, was derived from 1977, No. 269 (Adj. Sess.), § 1 and amended by 2001, No. 6 , § 12(b).

§ 2546. Receipt of ballots by clerk; voter status; opportunity to cure; processing absentee ballots.

Beginning 30 days before the opening of the polls on election day, upon receipt of a mailing envelope containing ballots returned by a voter, the town clerk shall, within three business days or on the next day the office is open for business, whichever is later, direct two election officials working together to do all of the following:
1. open the mailing envelope and sort early voter absentee ballots by ward and district, if necessary; and
2. determine that the certificate has been signed, the voted ballot was placed in the certificate envelope, and the ballot is not defective for any other reason pursuant to section 2547 of this subchapter.
  1. If the ballot is not deemed defective, the clerk shall check the name of the early voter off the entrance checklist and record the ballot as received and accepted in the online election management system, and:
    1. place the certificate envelopes into a secure container marked “checked in early voter absentee ballots” to be transported to the polling places on election day; or
    2. open the certificate envelope and place the voted ballot in the ballot box or tabulator in accordance with the procedures contained in section 2546a of this subchapter.
  2. If the ballot is deemed defective, the clerk shall:
    1. Check the name of the early voter off the entrance checklist and record the ballot as received and defective in the online election management system.
    2. Place the ballot in the defective ballot envelope in accordance with the procedures of subdivisions 2547(b)(1)-(3) of this subchapter.
    3. Not later than the next business day transmit a notice, with information required by the Secretary of State’s office, to the voter informing the voter that the voter’s ballot was deemed defective and rejected, the reason it was deemed defective, and the voter’s opportunity to correct the error pursuant to subsection 2547(d) of this subchapter. If the ballot was deemed defective because the voter failed to sign the return certificate, to place the voted ballot in the certificate envelope, or did not return their unvoted primary ballots in the unvoted ballot envelope, the clerk shall include a returnable affidavit, designed and provided by the Secretary of State’s office, with the notice so the voter may cure the deficiency in accordance with subdivision 2547(d)(1)(C) of this subchapter.
Beginning five business days preceding the election, the clerk is not required to mail a notice to those voters whose ballots have been deemed defective. In these cases, the clerk shall make a reasonable effort to provide notice to the voter as soon as possible using any contact information for the voter, other than the mailing address, that is contained in the voter checklist and shall record the ballot as defective in the online election management system not later than 24 hours after the ballot is deemed defective.
Processing absentee ballots on election day. If the certificate envelopes have not been opened and the voted ballots placed in the ballot box or tabulator, the town clerk or presiding officer shall deliver the unopened early voter absentee ballots to the election officials at the place where the entrance checklist is located. During the polling hours on election day, at the direction of the presiding officer, at least two election officials shall open the container marked “checked in early voter absentee ballots,” one election official shall open the certificate envelopes, turn the certificate side face down, and hand the envelope face down to a second election official, if possible from a different political party, who shall remove the ballots from the envelopes and deposit them in the ballot box or vote tabulator. If the early voter is a first-time voter who registered by mail or online, and if the proper identification has not been submitted before the closing of the polls, the ballot shall be treated as a provisional ballot, as provided in subchapter 6A of this chapter.
All early voter absentee ballots shall be commingled with the ballots of voters who have voted in person.

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 74; 2001, No. 6 , § 12(a), (b), eff. April 10, 2001; 2003, No. 59 , § 29; 2007, No. 54 , § 8b; 2009, No. 70 (Adj. Sess.), § 1; 2013, No. 161 (Adj. Sess.), § 39; 2017, No. 50 , § 32; 2021, No. 60 , § 13, eff. June 7, 2021.

History

Amendments

—2021. Section amended generally.

—2017. Section amended generally.

—2013 (Adj. Sess.). Subdivs. (a)(3), (b)(1)-(b)(3): Substituted “vote tabulator” for “voting machine”.

—2009 (Adj. Sess.). Subsec. (a): Substituted “300” for “5,000” preceding “registered” and inserted “early voter” preceding “absentee” in the first and second sentences.

—2007. Section amended generally.

—2003. Rewrote subsecs. (a) and (b).

—2001. Inserted “early voter” preceding “absentee ballots” in the section heading, in the third sentence of subsec. (a), and in two places in subsec. (b), and substituted “early or absentee voter” for “absent voter” in the first and second sentences of subsec. (a).

—1979 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a), rewrote the subsec., and added subsec. (b).

§ 2546a. Deposit of early voter absentee ballots in vote tabulator.

Generally. Notwithstanding any provision of law to the contrary, the board of civil authority may vote to permit elections officials to deposit early voter absentee ballots that have been processed in accordance with subsection 2546(a) of this subchapter and have not been deemed defective into the vote tabulator or ballot box in accordance with the provisions of this section and any guidance issued by the Secretary of State. Any such depositing of ballots shall take place at the town clerk’s office during the 30 days preceding the election.
Notice. If a board of civil authority votes to deposit ballots as described in subsection (a) of this section, the process shall be conducted during normal business hours if practicable or, if conducting the process at a time other than normal business hours, notice of the date(s), time(s), and location of the processing shall be posted at the clerk’s office and two other public places at least three days in advance.
Officials. The town clerk and at least two other election officials, from different political parties to the extent practicable, shall be present for the inspection of the sealed certificate envelopes and the processing of the ballots described in this section.
Processing. The Secretary of State’s office shall issue detailed procedures for conducting the processing of early ballots into the vote tabulator or ballot box pursuant to this section. A town or city shall follow the procedures issued by the Secretary of State’s office for this purpose.
Rules. The Secretary of State may adopt rules to implement the provisions of this section.

HISTORY: Added 2015, No. 80 (Adj. Sess.), § 7a, eff. Jan. 1, 2017; amended 2017, No. 50 , § 33; 2021, No. 60 , § 14, eff. June 7, 2021.

History

Amendments

—2021. Section amended generally.

—2017. Subsecs. (d) and (e): Deleted “sealed” preceding “certificate” in the three places it appeared.

Subsec. (d): Added the subdiv. (d)(1) designation and redesignated former subdivs. (d)(1) and (d)(2) as (d)(1)(A) and (d)(1)(B).

Subdiv. (d)(2): Added.

Subdiv. (e)(1): Inserted “that was counted under subdivision (d)(1) of this section” following “absentee ballot”.

Subdiv. (e)(3): Substituted “subdivision (d)(1)” for “subsection (d)” near the end.

§ 2546b. Early voting in town clerk’s office; deposit into vote tabulator.

1. A board of civil authority may vote to permit its town’s registered early or absentee voters to vote in the town clerk’s office in the same manner as those voting on election day by marking their early voter absentee ballots and depositing them into a vote tabulator or secure ballot box. (a) (1) A board of civil authority may vote to permit its town’s registered early or absentee voters to vote in the town clerk’s office in the same manner as those voting on election day by marking their early voter absentee ballots and depositing them into a vote tabulator or secure ballot box.
2. If a board of civil authority votes to permit early voting as described in subdivision (1) of this subsection, the town’s process for conducting this early voting shall conform to the provisions of this section and to procedures that the Secretary of State shall adopt for this purpose.
1. During business hours in the town clerk’s office, the secure ballot box or vote tabulator and ballot bin shall be in a secured area accessible only to election officials and voters. The vote tabulator unit shall be secured with an identifiable seal and the ballot box containing voted ballots shall remain locked at all times and secured with an identifiable seal. Neither seal shall be broken prior to the time of closing the polls on election day. (b) (1) During business hours in the town clerk’s office, the secure ballot box or vote tabulator and ballot bin shall be in a secured area accessible only to election officials and voters. The vote tabulator unit shall be secured with an identifiable seal and the ballot box containing voted ballots shall remain locked at all times and secured with an identifiable seal. Neither seal shall be broken prior to the time of closing the polls on election day.
2. Once early voting has commenced in the town clerk’s office, the town clerk or designee shall certify each day in a record prepared for this purpose that the seals on the vote tabulator and secure ballot box are intact.
3. When an election official is not present or at times other than business hours, the secure ballot box or sealed vote tabulator and ballot bin shall be secured in the town clerk’s office vault.
4. The town clerk shall maintain a record of each early or absentee voter who voted in person in accordance with this section and shall mark these voters as having voted early in the clerk’s office in the online election management system.
On the day of the election:
1. The secure ballot box or sealed vote tabulator and ballot bin shall be transferred to the polling place on election day by two election officials and shall not be opened until the polls have closed on election day.
2. When the vote tabulator is turned on at the polling place, the town clerk shall verify that the number of ballots that the vote tabulator displays as having been counted matches the number of voters who deposited their early voter absentee ballots in the vote tabulator in accordance with this section and any early voter absentee ballots that were processed and deposited in the vote tabulator under section 2546a of this subchapter.
3. All early voter absentee ballots shall be commingled with those voted at the polls on election day prior to being examined for the purpose of identifying write-in votes.

HISTORY: Added 2019, No. 67 , § 14, eff. July 1, 2020; amended 2021, No. 60 , § 15, eff. June 7, 2021.

History

Amendments

—2021. Subdiv. (a)(1): Added “or secure ballot box” at the end.

Subdiv. (b)(1): Inserted “secure ballot box or” in the first sentence.

Subdiv. (b)(2): Inserted “secure” preceding “ballot box”.

Subdiv. (b)(3): Inserted “secure ballot box or” and substituted “ballot bin” for “ballot box”.

Subdiv. (b)(4): Added “and shall mark these voters as having voted early in the clerk’s office in the online election management system” at the end.

Subdiv. (c)(1): Inserted “secure ballot box” and substituted “ballot bin” for “sealed ballot boxes”.

§ 2547. Defective ballots.

If upon examination by the election officials it shall appear that any of the following defects is present, either the ballot or the unopened certificate envelope shall be marked “defective” and the ballot shall not be counted:
1. the identity of the early or absentee voter cannot be determined;
2. the early or absentee voter is not legally qualified to vote;
3. the early or absentee voter has voted in person or previously returned a ballot in the same election;
4. the certificate is not signed;
5. the voted ballot is not in the certificate envelope; or
6. in the case of a primary vote, the early or absentee voter has failed to return the unvoted primary ballots.
Each defective ballot or unopened certificate envelope shall be:
1. affixed with a note from the presiding officer indicating the reason it was determined to be defective; and
2. placed with other such defective ballots in an envelope marked “Defective Ballots — Voter Checked Off Checklist — Do Not Count”.
The provisions of this section shall be indicated prominently in the early or absentee voter material prepared by the Secretary of State.
1. If a ballot is deemed defective, the voter shall be notified of the defect in accordance with the provisions of subdivision 2546(a)(2)(B) of this subchapter. Upon notification, the voter may cure the defect until the closing of the polls on election day by: (d) (1) If a ballot is deemed defective, the voter shall be notified of the defect in accordance with the provisions of subdivision 2546(a)(2)(B) of this subchapter. Upon notification, the voter may cure the defect until the closing of the polls on election day by:
  1. correcting the defect or submitting a new absentee ballot in person at the clerk’s office or at the polling place on election day;
  2. requesting a new ballot be mailed to them by the clerk along with materials for submission of the new ballot, provided the new ballot is received by the presiding officer or other sworn election official prior to the closing of the polls; or
  3. for a voter who failed to sign the certificate envelope, failed to place the voted ballot in the certificate envelope, or did not return their unvoted primary ballots in the unvoted ballot envelope, returning the signed affidavit included in the notice under subdivision 2546(a)(2)(B)(iii) of this subchapter either by mail, in person, or electronically, provided the affidavit is received by the presiding officer or other sworn election official prior to the closing of the polls if returned in person or by mail or prior to the close of business on the day before the election if returned electronically.
2. 1. If a voter corrects the defect in accordance with subdivision (1)(A) or (1)(C) of this subsection (d), the clerk shall update the status of the ballot to “received — accepted” in the online election management system. (2) (A) If a voter corrects the defect in accordance with subdivision (1)(A) or (1)(C) of this subsection (d), the clerk shall update the status of the ballot to “received — accepted” in the online election management system.
  2. If a voter corrects the defect by requesting a new ballot be mailed to them under subdivision (1)(B) of this subsection (d), the clerk shall enter a second absentee ballot request and issue date for that voter in the online election management system.
3. The same voter may cure a ballot deemed defective not more than twice for any single election.

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1; amended 1985, No. 196 (Adj. Sess.), § 6; 2001, No. 6 , § 11, eff. April 10, 2001; 2015, No. 30 , § 14, eff. May 26, 2015; 2017, No. 50 , § 34; 2019, No. 67 , § 14; 2021, No. 60 , § 16, eff. June 7, 2021.

History

Revision note

—2017. Subdiv. (b)(A)-(b)(C) designations, as added by 2017, No. 50 , § 34, were redesignated as (b)(1)-(b)(3) to conform to V.S.A. style.

Amendments

—2021. Subdiv. (b)(3): Repealed.

Subsec. (d): Added.

—2019. Subsec. (a): Added subdiv. (1); redesignated former subdivs. (1) and (2) as subdivs. (2) and (3); in subdiv. (3), inserted “or previously returned a ballot in the same election” at the end; and deleted former subdiv. (3).

Subdiv. (b)(3): Substituted “chapter” for “title”.

—2017. Section amended generally.

—2015. Deleted “portions of the” preceding “primary ballots” in the first sentence.

—2001. Substituted “early or absentee” for “absent” preceding “voter” in two places, and in the first sentence, inserted “the certificate is not signed, or the voted ballot is not in the voted ballot envelope” following “on any envelope is insufficient” and inserted “early or” preceding “absentee voter has failed to return”.

—1985 (Adj. Sess.). Inserted “or in the case of a primary vote, the absentee voter has failed to return the unvoted portions of the primary ballots” following “insufficient” in the first sentence and added the second sentence.

§ 2548. Voting in person.

Prior to the opening of the polls, the municipal clerk shall provide the election officials of each polling place with a list of the names of all persons who have voted early in the clerk’s office or marked and returned early voter absentee ballots, and these persons shall not thereafter vote in person in the same election.
1. A voter who has been issued an early ballot, either by the Secretary of State’s office pursuant to section 2537a of this subchapter or otherwise by the town clerk, but who has not returned the voter’s voted ballot to the clerk, may vote in person at the polling place on election day. (b) (1) A voter who has been issued an early ballot, either by the Secretary of State’s office pursuant to section 2537a of this subchapter or otherwise by the town clerk, but who has not returned the voter’s voted ballot to the clerk, may vote in person at the polling place on election day.
2. If the voter brings the voter’s marked ballot enclosed in the signed certificate envelope, the voter may submit that certificate envelope containing the voted ballot to the entrance checklist official for processing along with any other early or absentee ballots. The voter shall be marked off the checklist and the clerk shall record the voter as having returned the absentee ballot on election day in the online election management system.
3. If the voter brings the marked ballot, but it is not enclosed in the certificate envelope, the voter shall be marked off the checklist and be allowed to cast that ballot into the secure ballot box or tabulator in the same manner as other voters who are voting in the polling place. The clerk shall record any such voter as having voted in person on election day in the online election management system.
4. If the voter brings the unmarked ballot, the voter shall be marked off the checklist and allowed to proceed to a voting booth to mark that ballot and cast it into the ballot box or tabulator in the same manner as other voters who are voting in the polling place. The presiding officer may choose to provide any such voter with a new ballot in exchange for the unvoted ballot that the voter brought to the polls. The clerk shall record any such voter as having voted in person on election day in the online election management system.
5. If the voter does not bring a marked or an unmarked ballot with them to the polls, the voter shall be required to sign an affidavit that the voter has not previously cast a ballot in the election and only then shall they be checked off the checklist and allowed to vote in the same manner as all other voters who are voting at the polling place. The clerk shall record any such voter as having voted in person on election day in the online election management system. Any affidavits signed by voters at the polling place pursuant to this section shall be retained for a period of 90 days following the election.

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1; amended 2001, No. 6 , § 12(a), (b), eff. April 10, 2001; 2007, No. 54 , § 8c; 2017, No. 50 , § 35; 2021, No. 60 , § 17, eff. June 7, 2021.

History

Amendments

—2021. Subsec. (a): Inserted “voted early in the clerk’s office or” preceding “marked”.

Subsec. (b): Rewrote the subsection.

—2017. Subsec. (b): Added the subdiv. (1) through (3) designations and substituted “replaced” for “spoiled or unused” in subdiv. (b)(3).

—2007. Subsec. (b): Added “or her” following “for his” and substituted “or she” for “finds that he” preceding “is able to vote in person” in the first sentence; and added the present second sentence.

—2001. Inserted “early voter” preceding “absentee ballots” throughout the section and substituted “early or absentee voters” for “absent voters” in the second sentence of subsec. (b).

§ 2549. Use of federal war ballot.

In addition to and supplementing the provisions of this title, the provisions of any federal statute for a federal war ballot and for procedures affecting and facilitating voting by members of the military service of the United States are hereby authorized for use in this State.

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1.

§ 2550. Early or absentee voters deemed “present and voting”.

A voter voting by early voter absentee ballot shall be deemed as “present and voting,” for purposes of any provision in which the phrase “present and voting” is used in the Vermont Statutes Annotated or in the acts of the General Assembly.

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1; amended 2001, No. 6 , § 12(a), (b), eff. April 10, 2001.

History

Amendments

—2001. Substituted “early or absentee voters” for “absent voters” in section heading and inserted “early voter” preceding “absentee ballot”.

Subchapter 6A. Provisional Voting and Voter Affirmation

§ 2555. Provisional ballot envelopes.

The clerk shall deliver to each polling place on the date of the election a sufficient number of provisional ballot envelopes printed with a voter attestation. The attestation shall include:

A statement informing the applicant of the requirements for voter eligibility set forth in section 2121 of this title and space for the provisional voter to provide the information necessary for the town clerk to determine eligibility, including a place for the applicant to swear or affirm, by checking the appropriate box, that he or she meets all voter eligibility requirements set forth in section 2121 of this title and the signature of the provisional voter signed under penalty of perjury. In addition, the attestation shall include the following information:
1. The provisional voter’s place and date of birth.
2. The provisional voter’s town of legal residence.
3. The provisional voter’s street address or a description of the physical location of the applicant’s residence. The description must contain sufficient information so that the town clerk can determine whether the applicant is a resident of the town.
An attestation by the provisional voter that he or she submitted a properly completed voter application form. The attestation shall be signed by the provisional voter under penalty of perjury.
Space on the application for documentation of the town clerk’s action.
A statement informing the provisional voter: “If you choose to vote by provisional ballot, after the close of the polls, the town clerk will determine whether you meet all eligibility requirements. If the clerk denies your application, he or she will inform you that the application has been denied.”

HISTORY: Added 2003, No. 59 , § 30, eff. June 7, 2003; amended 2015, No. 44 , § 11, eff. Jan. 1, 2017; 2017, No. 50 , § 36.

History

Amendments

—2017. Subsec. (4): Deleted the first and second sentences following “provisional voter:”.

—2015. Subdiv. (2): Deleted “before the application deadline” at the end of the first sentence.

§ 2556. Provisional voting.

If an individual’s name does not appear on the checklist and the individual claims to have submitted an application for the checklist and refuses to complete a new application in accordance with subdivision 2563(2) of this chapter, or if the individual’s registration application has been rejected and the individual disputes that rejection, the election official shall allow the individual to vote provisionally.
The provisional voter shall be given a ballot and an envelope with an attestation printed upon it, as described in section 2555 of this title, and shall complete the attestation on the envelope. Upon completion, the provisional voter shall seal the envelope and deposit it in a ballot box marked for the receipt of provisional ballots.
A provisional voter who makes a false statement in completing the attestation, knowing the statement to be false, shall be subject to the penalties of perjury as provided in 13 V.S.A. chapter 65.

HISTORY: Added 2003, No. 59 , § 30, eff. June 7, 2003; amended 2007, No. 54 , § 9; 2015, No. 44 , § 12, eff. Jan. 1, 2017.

History

Amendments

—2015. Subsec. (a): Substituted “and refuses to complete a new application in accordance with subdivision 2563(2) of this chapter, or if the individual’s registration application has been rejected and the individual disputes that rejection” for “prior to noon on the second Monday before the election” following “application for the checklist” near the middle of the sentence.

—2007. Subsec. (b): Deleted “that includes only candidates for federal offices” following “ballot” in the first sentence.

§ 2557. Town clerk approval of provisional voter attestation.

The town clerk may make such investigation as he or she deems proper to verify any fact stated in the application. In making the determination whether to accept the provisional voter’s attestation, the town clerk shall determine whether the applicant meets all of the registration eligibility requirements. However, the town clerk may not require a provisional voter to complete any form other than that approved under section 2555 of this title; nor may the board of civil authority require all provisional voters or any particular class or group of provisional voters to appear personally before a meeting of the board or routinely or as a matter of policy require provisional voters to submit additional information to verify or otherwise support the information contained in the attestation.
Within two days after the close of the polls, the town clerk shall inform each provisional voter of his or her action on a provisional voter’s attestation. If the clerk rejects a provisional voter, the clerk shall also notify the provisional voter immediately of his or her reasons by first-class mail directed to the address given in the application.
When the town clerk approves a provisional voter’s attestation, the town clerk shall note his or her approval in the space provided on the envelope, photocopy the affidavit from all provisional envelopes, place all provisional envelopes with the official return of vote, and send all information to the Secretary of State in a manner prescribed by the Secretary.
Upon receipt of the official return of vote that contains provisional envelopes from any town clerk, the Secretary shall open all envelopes that were approved by the municipal clerk, deposit the ballot in a ballot box, and count all approved ballots, adding the totals to the statewide count for federal offices.

HISTORY: Added 2003, No. 59 , § 30, eff. June 7, 2003.

Subchapter 7. Process of Voting

CROSS REFERENCES

Ballots generally, see subchapter 2 of this chapter.

Count and return of votes, see subchapter 8 of this chapter.

Voting tabulators generally, see subchapter 3 of this chapter.

§ 2561. Hours of voting; extended hours.

At all elections using the Australian ballot system, the polls may open no earlier than 5:00 a.m. and shall open no later than 10:00 a.m. as set by the board of civil authority in each town. The polls in all polling places shall close at 7:00 p.m.
If at the hour of closing there are any qualified voters at the polling place desiring to vote, who have been unable to do so since appearing there, the polls shall be kept open long enough after the hour of closing to allow those present a reasonable opportunity to vote. A person not present at the hour of closing shall not be entitled to vote, although the polls may not actually be closed when he or she arrives.

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 75; 2003, No. 59 , § 31; 2007, No. 121 (Adj. Sess.), § 10.

History

Amendments

—2007 (Adj. Sess.) Subsec. (a): Substituted “may open” for “shall open” preceding “no earlier”, inserted “shall open” preceding “no later” and deleted “unless the board of civil authority has elected to open the polls earlier than 6:00 a.m. as provided in section 2494 of this title” following “each town” in the first sentence.

—2003. Subsec. (a): Substituted “5:00” for “six”, “10:00” for “ten” following “than” and added “unless the board . . . of this title” at the end of the first sentence and substituted “7:00” for “seven” in the second sentence.

—1979 (Adj. Sess.). Subsec. (a): Substituted “elections using the Australian ballot system” for “general or special elections” at the beginning of the first sentence.

ANNOTATIONS

Prior law.

For decisions under prior provisions relating to the subject matter of this section, see annotations under former § 862 of this title.

§ 2562. Presiding officer to assign duties to election officials.

At each polling place, the presiding officer shall assign specific duties to each election official present. Insofar as practical, he or she shall assign election officials to work in pairs, with each pair containing members from different political parties.

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1.

CROSS REFERENCES

Election officials generally, see subchapter 1 of this chapter.

§ 2563. Admitting voter.

Before a person may be admitted to vote, he or she shall announce his or her name and, if requested, his or her place of residence in a clear and audible tone of voice, or present his or her name in writing, or otherwise identify himself or herself by appropriate documentation. The election officials attending the entrance of the polling place shall then verify that the person’s name appears on the checklist for the polling place.

If the name does appear, and if no one immediately challenges the person’s right to vote on grounds of identity or having previously voted in the same election, the election officials shall repeat the name of the person and:
1. 1. If the checklist indicates that the person is a first-time voter in the municipality who registered by mail or online, whose driver’s license, nondriver identification number, or last four digits of his or her Social Security number provided by the applicant have not been verified by the Secretary of State, and who has not provided required identification before the opening of the polls, require the person to present any one of the following: a valid photo identification; a copy of a current utility bill; a copy of a current bank statement; or a copy of a government check, paycheck, or any other government document that shows the current name and address of the voter. (A) (i) If the checklist indicates that the person is a first-time voter in the municipality who registered by mail or online, whose driver’s license, nondriver identification number, or last four digits of his or her Social Security number provided by the applicant have not been verified by the Secretary of State, and who has not provided required identification before the opening of the polls, require the person to present any one of the following: a valid photo identification; a copy of a current utility bill; a copy of a current bank statement; or a copy of a government check, paycheck, or any other government document that shows the current name and address of the voter.
  2. If the person is unable to produce the required information, the person shall be afforded the opportunity to complete a new application for addition to the checklist in accordance with section 2144 of this title.
  3. The election officials shall note upon the checklist a first-time voter in the municipality who has registered by mail and who produces the required information, and place a mark next to the voter’s name on the checklist and allow the voter to proceed to the voting booth for the purpose of voting.
2. If the voter is not a first-time voter in the municipality, no identification shall be required. The clerk shall place a check next to the voter’s name on the checklist and allow the voter to proceed to the voting booth for the purpose of voting.
If the name does not appear, the person shall be afforded the opportunity to complete an application for addition to the checklist in accordance with section 2144 of this title.

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1; amended 1981, No. 239 (Adj. Sess.), § 44; 2003, No. 59 , § 32; 2015, No. 44 , § 13, eff. Jan. 1, 2017; 2017, No. 50 , § 37.

History

Amendments

—2017. Added a comma after “and” in the first sentence of the undesignated paragraph; and inserted “or online, whose driver’s license, nondriver identification number, or last four digits of his or her Social Security number provided by the applicant have not been verified by the Secretary of State,” in subdiv. (1)(A)(i).

—2015. Section amended generally.

—2003. Present introductory paragraph amended generally, rewrote subdivs. (1) and (2) and deleted subdiv. (3).

—1981 (Adj. Sess.). Added “or otherwise identify himself by appropriate documentation” at the end of the first sentence and substituted “the” for “that” preceding “polling place” in the second sentence.

CROSS REFERENCES

Federal identification requirements for individuals who register by mail, see 52 U.S.C. § 21083.

§ 2564. Challenges.

1. 1. Each organized political party, each candidate on the ballot not representing an organized political party, and each committee supporting or opposing any public question on the ballot shall have the right to have not more than two representatives for each voting district, in a polling place but outside the guardrail, for the purpose of observing the voting process and challenging the right of any person to vote. (a) (1) (A) Each organized political party, each candidate on the ballot not representing an organized political party, and each committee supporting or opposing any public question on the ballot shall have the right to have not more than two representatives for each voting district, in a polling place but outside the guardrail, for the purpose of observing the voting process and challenging the right of any person to vote.
  2. In no event shall such representatives be permitted to interfere with the orderly conduct of the election, and the presiding officer shall have authority to impose reasonable rules for the preservation of order.
  3. However, in all cases the representatives shall have the right to hear or see the name of a person seeking to vote, and they shall have the right to make an immediate challenge to a person’s right to vote.
2. The grounds of challenge of a person whose name appears on the checklist shall be only:
  1. that he or she is not, in fact, the person whose name appears on the checklist; or
  2. that he or she has previously voted in the same election.
If a challenge is issued, the members of the board of civil authority present in the polling place shall immediately convene, informally hear the facts, and decide whether the challenge should be sustained.
1. If the board overrules the challenge, the person shall immediately be admitted within the guardrail and permitted to vote.
2. If the board sustains the challenge, the person shall not be admitted unless, before the polls close, he or she shall obtain a court order directing that he or she be permitted to vote.

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1; amended 2017, No. 50 , § 38.

History

Revision note

—2012. Added the subsec. (a) and (b) designations for clarity.

Amendments

—2017. Subsecs. (a) and (b): Added the subdiv. designations.

Subdiv. (a)(1)(A): Inserted “for each voting district, in a polling place but” following “two representatives”.

Subdiv. (a)(2): Redesignated former subdivs. (a)(1) and (a)(2) as (a)(2)(A) and (a)(2)(B), respectively.

§ 2565. Delivery of ballots.

Except as otherwise provided in subsection 2548(b) of this title, as each voter passes through the entrance of the guardrail, an election official or officials shall hand him or her one of each kind of ballot. The election officials shall also answer any questions a voter may ask concerning the process of voting. The presiding officer shall keep the election officials in charge of furnishing ballots to voters supplied with a sufficient number of blank ballots, keeping the remainder of the blank ballots safely secured until needed.

HISTORY: Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 76; 2013, No. 161 (Adj. Sess.), § 71; 2021, No. 60 , § 18, eff. June 7, 2021.

History

Amendments

—2021. Added “Except as otherwise provided in subsection 2548(b) of this title,” at the beginning.

—2013 (Adj. Sess.). Substituted “The election officials” for “He or they” at the beginning of the second sentence.

—1979 (Adj. Sess.). Substituted “an e