1. Primary and General Election Related Duties of the Town Clerk

The Town Clerk is the foundation of Vermont elections. The Clerk does not generally make policy decisions, except as a member of the Board of Civil Authority. However, for all the technical and practical preparation required before, during and following election day, the Clerk is the key player for annual or special municipal elections or the Primary and General Elections.

Review of Candidate Petitions: All Town Clerks may have to review some independent candidate petitions. Independent candidates must present Clerks with a petition signed by voters and ask the Clerk to certify that the names are on the town checklist before the candidate files the petition with the Secretary of State. The deadline for filing independent petitions is Friday, September 13, 2002. Town Clerks should be ready to assist candidates, even though it may be inconvenient. We strongly suggest to independent candidates that they call and make an appointment or at least bring in the petitions for verification with sufficient time before the deadline for filing.

Filing of Primary Candidate Petitions and Canvassing Committees: Some Town Clerks are also Representative District Clerks. Representative District Clerks are defined as: a.) the Clerk of the town or part of a town having the largest population in each Representative District, except when part of a town is joined with all of another town to form a Representative District; OR b.) the Clerk of the largest whole town included in the District. 17 V.S.A. § 2103(29). Responsibilities of Representative District Clerks are discussed in Chapter III and a list of all current Representative District Clerks is included in Appendix A. Most County Clerks serve as Senatorial Clerks. These are the County Clerks for those towns within a senatorial district aggregating the largest population. 17 V.S.A. § 2103(31). Responsibilities of Senatorial Clerks are discussed in Chapter III and a list of current Senatorial Clerks is provided in Appendix B. This is the year when the Legislature must redistrict based on the latest census, so please check Appendix A to see if you have become a Representative District Clerk.

2. Duties of the Presiding Officer

The law creates another elections official, the Presiding Officer. 17 V.S.A. § 2452. Town Clerks are automatically Presiding Officers unless the town votes otherwise or the Town Clerk is unavailable. If the Town Clerk is unavailable, the Board of Civil Authority must promptly appoint a town voter to serve as the Presiding Officer at that election. However, in towns with more than one polling place, the Board of Civil Authority will appoint an additional Presiding Officer for each polling place.

The Presiding Officer is the highest election official at each polling place. The Presiding Officer is responsible for: preparing polling places and voting equipment, opening and closing of the polls, scheduling the hours of election officials, counting votes and certifying the results of the count, securing all ballots, maintaining order at the polls, regulating placement of signs at the polling place on the day of elections, and assuring that the election is conducted according to law. If the Presiding Officer leaves the polling place during any part of the election, the Presiding Officer must designate another to serve until he/she returns. 17 V.S.A. § 2453.

 

3. Before the Polls Open – Town Clerks and Presiding Officer Responsibilities

Fax or mail your orders for absentee ballot envelopes, signs, ballot bags, seals, tags, and other election items well in advance of each election. (See Appendix D for our order form.) To determine amounts for the Primary and General Elections, check past usage during the previous Primary and General Election, then, increase amounts based upon the growth in your checklist. The Secretary of State provides most election supplies, warnings, and Primary and General Elections ballots without charge. If you need additional order forms, copy the form in Appendix D or download more forms from our website at http://www.sec.state.vt.us.

For each polling place, you need at least one sign for each ballot box telling voters how to deposit or dispose of their ballots (17 V.S.A. § 2506); five copies of the warning

(17 V.S.A. § 2521 (b)); and three sample ballots (17 V.S.A. § 2522). We will automatically send you Warnings/ Notice to Voters in time for posting, and your ballots will arrive directly from the printer at least 30 days before each election. We will also send tally and summary sheets, Official Return of Votes, and certificates of nomination and/or certificates of election one week before the election.

Ballots will be provided for the Primary based on approximately 50% of your checklist and for the General Election in a number equal to the 100% of your Primary checklist.

17 V.S.A. § 2478. If you think you need more ballots, notify our office more than 40 days before the election. We will have the printers score 30% of the machine ballots to allow folding for absentee ballots.

2. Local printing responsibilities B Justices of the Peace and local election ballots

The Town Clerk is responsible for printing the ballots for Justices of the Peace. Clerks in towns using paper ballots, must select a printer, alert the printer that you will have the names for the ballot on September 13, 2002, and you must have the printed ballots by October 7. (See Appendix F for a sample JP ballot.) If a town or city using voting machines faxes or mails a list of JPs and any local articles to us before 5 p.m. Friday, September 20, 2002, we will include your JPs and articles on the General Election ballot. Please proofread first and last names and the party name carefully to avoid reprinting of ballots.

The number of Justices a town may elect depends on its 2000 population. Towns with fewer than 1,000 residents may elect up to five Justices. Towns between 1,000 and 1,999 residents may elect up to seven; between 2,000 and 2,999, ten; between 3,000 and 4,999, twelve; and 5,000 or more, up to fifteen. To increase the number of JP’s, your town must vote at an annual or special town meeting to authorize the election of a larger number. Every newly elected Justice’s term begins on February 1, 2003. County officers hold over until successors are elected and qualified. 3 V.S.A. § 259.

Justices can be nominated by party caucus or, failing that, by party committee of the major parties or of duly organized minor political parties. 17 V.S.A. §§ 2382, 2413. To run as an independent, candidates must file a statement of nomination (petition) with thirty signatures or the signatures of one percent of the legal voters of the town, whichever is less. Independent candidates must have the signatures on the petition verified by town clerks prior to submission or the petition is defective. 17 V.S.A. § 2402. The petition and consent form must be filed with the Town Clerk by Friday, September 13. Nomination statements from parties must also be received by Town Clerks by September 13. Copies of the form for this statement are provided by the Secretary of State. 17 V.S.A. §§ 2385, 2386. The town party chair and secretary must sign the statement. A copy of the notice sent to all committee members must be filed with the statement of nomination. Although consent forms are not required for Justice candidates who are nominated by the party, party officials must confirm the consent of all candidates to have their names printed on the ballot and their willingness to serve as a JP before filing the statements of nomination. Party officials should take this responsibility very seriously before signing the nomination statement.

Candidates for Justice may withdraw their names from nomination by September 19, by filing a written notice of withdrawal with the Town Clerk and then the candidate's name should not be printed on the ballot. Notices of withdrawal filed after September 19 may result in the removal of the candidate’s name if the printing deadline has not passed. Clerks should publicly announce the printing deadline for Justice ballots by posting a written notice in the town office. 17 V.S.A. § 2412. September 19 is also the deadline for filing nomination statements for candidates who replace those who have withdrawn. The Clerk may accept no statements after September 19.

In the rare case that a candidate for Justice has been nominated by more than one major party, the candidate must elect which party or parties he or she will represent. 17 V.S.A. § 2474(a). Call candidates as soon as you know the result of the nominations and insist on their decision as soon as possible so ballots can be printed.

Once you have the names of all candidates for Justice of the Peace, send the names to your printer to have ballots printed for the number of voters on your checklist. The printing requirements for this ballot are in 17 V.S.A. §§ 2471 and 2472. Candidates' names must appear on the ballot in alphabetical order. A sample ballot is included in Appendix F. (Incumbents have no rights to priority on the ballot.) Nicknames can be included but titles cannot be used. (A candidate can be on the ballot as Rick ASpeedster@ Harris, but NOT Dr. Rick Harris).

The Town Clerk may have other printing responsibilities beyond the Justice ballots, if the town has scheduled a special town meeting by Australian ballot for either September 10 or November 5. Machine ballot towns can contact us to see if we can fit the question on the primary and/or general election ballot. If not, and in paper ballot towns, the Clerk will need to arrange for the printing of local ballots. In all towns, you must print your warnings for the municipal election. Send these ballots to absentee voters with the primary or general election ballots and provide a separate ballot box for local ballots on the day of the election.

The Secretary of State provides copies of the warning for the Primary and General Elections. The Clerk should receive five copies of the warning for each polling place by Tuesday, August 6, for the Primary, and Tuesday, October 1, for the General Election. 17 V.S.A.§ 2521(b). Clerks should fill in the blanks on each warning for the location of the polling place and the time polls open, after the Board of Civil Authority has made those decisions. The Notice to Voters is printed on the warning.

When a town has more than one polling place, the Clerk should ensure that the warning is posted in at least two public places in each voting district, as well as in or near the Clerk's office. If you have a single polling place, three postings of the warning are required; one of which must be in or near the Clerk's office. 17 V.S.A. § 2521. The warning for the Primary must be posted by Sunday, August 11, and by Sunday, October 6, for the General, along with a copy of the most recent checklist. These deadlines also apply to warnings for local elections held on either election day. 17 V.S.A. § 2641.

4. Checklists

By Sunday, August 11, for the Primary, and by Sunday, October 6, for the General, the Town Clerk must post copies of the checklist in the same places the warnings are posted.

17 V.S.A. § 2141. Copies of the most current checklist must be made available upon request, without charge, to the Chair of each political party in town, to Representative, Senatorial District and County Clerks and the Secretary of State, and at cost to any other person who requests a copy. 17 V.S.A. § 2141. The checklist shall state the name and address of each voter.

17 V.S.A. §2141. (See Appendix I for checklist maintenance.)

Clerks must keep their offices open from 10:00 a.m. until noon, for the purpose of receiving applications for addition to the checklist, on Saturday, August 31 for the Primary, and on Saturday, October 26 for the General Election. Applications for addition to the checklist which have been postmarked, submitted or accepted by the Department of Motor Vehicles or by a voter registration agency on or before the second Saturday shall be considered to have met the filing deadline even if the clerk receives those applications after the second Saturday deadline.

17 V.S.A. § 2144(a).

Some persons may become qualified to vote between the deadline for application to the checklist and the election day, such as persons turning eighteen, or becoming a new resident of the town. A letter, or the partial completion of a voter application form, can be used as notice of intent to apply for addition to the checklist. These applicants must then submit a completed application before the close of the polls on election day. 17 V.S.A. § 2144(b). If the qualifying event takes place before election day as expected and the application is completed, the person can be added to the checklist and, if necessary, take the Voter's Oath on election day.

Meetings of the Board of Civil Authority, except those held on election day, require that the Clerk give written notice to each member of the Board and post a notice in two or more public places in town, at least five days before the meeting. 24 V.S.A. § 801. One meeting must be held between the cut-off date for submitting applications for addition to the checklist and the day of election, unless the Town Clerk has received no applications before the cut-off date or unless the Town has voted to give the Town Clerk authority to add names to the checklist.

17 V.S.A. § 2144b. If the Town Clerk can add names, the Clerk forwards a list of additions to the BCA at least 10 days prior to each election.

For meetings of the Board of Civil Authority, except for election day meetings, the law establishes a present and voting standard for a quorum, but requires at least three members present and in agreement in order to take official action. 17 V.S.A. § 2103(5). However, on election day, the Board of Civil Authority consists of those members of the Board present at the polls. This means that, if no other members of the Board are present on election day, the Town Clerk can add names to the checklist: where they have been removed by inadvertence or error;

where the applicant filed an intent to apply and then qualified for addition to the checklist after the deadline; or if a person has submitted an application through DMV that was not received, but completes the sworn affidavit (See Appendix G.).

At its pre-election meeting the Board may add names to the checklist or may remove a name if an individual letter requesting removal has been received by the Town Clerk. However, according to federal law, any systematic program for removing names from the checklist must be completed at least 90 days before an election. When the Board decides to add a name, the Clerk returns one copy of the completed application to the applicant and one copy to the town in which the applicant was last registered to vote, if any. This ensures that voters do not remain on two different checklists. The Clerk then files the original application in the town office.

17 V.S.A. § 2145(d). For a voter who fails to apply for addition to the checklist in his new town and who is registered to vote in another town, the law allows the voter to vote in a town of former residence for seventeen days after becoming a resident of a new town.

17 V.S.A. § 2122(b).

If the Board decides to deny the application, the Clerk must send a copy of the rejection notice set out in 17 V.S.A. § 2146(b) to the person's last known address.

No application to the Board of Civil Authority is required when a voter moves to a new location in the same town or changes his or her name. If the voter notifies the clerk, the clerk simply makes the changes on the checklist. If the change of address comes from the Department of Motor Vehicles (or a voter registration agency), the Clerk makes the changes on the checklist, and then sends the voter a confirmation notice containing a postage prepaid, pre-addressed return form for the voter to verify or correct the address information. If the voter fails to return the form confirming or correcting her address, the voter must make an oral or written affirmation that she continues to reside in the area covered by that polling place before the voter is permitted to vote. 17 V.S.A. § 2149(b).

Maintenance of detailed records is another responsibility the Town Clerk performs for the Board of Civil Authority. For each name removed from the checklist, the records must include a statement of the reason for removal. When updating the checklist, working copies of checklists used to ascertain continued eligibility must be retained. The Clerk must keep records of the number of new registrations occurring during the period between general elections; the number of persons removed from the checklist during the period between general elections; the lists of names and addresses of all persons to whom notices were sent, and notation of whether each person responded to the notice. These records are public and must be retained for at least two years. 17 V.S.A. § 2150(d)(7).

The Town Clerk must also furnish two certified copies of the corrected checklist before the polls open on election day to each Presiding Officer for use at the polling place, unless the Board of Civil Authority has voted to abolish the Exit Checklist, in which case only one certified checklist is needed. 17 V.S.A. § 2507. Posting at least one other copy of the checklist in the polling place, near the entrance, is also advisable, so that voters may check if their names are on the checklist before encountering an embarrassing situation at the entrance checklist.

If residents of a nearby gore or unorganized town have asked you to add them to your checklist, please read this carefully. Residents of gores and unorganized towns must be added to the checklist of a nearby town that is both in the probate district and in the representative district in which he or she resides in order to vote in state and federal elections only. You must either add the names to a special section at the end of the checklist or add a notation that will be clear to election officials at the polling places that these voters can only vote in state and federal elections. Residents of gores and unorganized towns cannot be added to your town checklist for town elections, town school board elections, or union high school elections.

17 V.S.A. § 2123. If a resident of a gore or unorganized town questions this statutory provision, you can suggest that they call the Elections Division.

4b. Checklists – Motor Voter Applications to the Checklist

We continue to work with the Department of Motor Vehicles (DMV) to improve their forms that are also used for voter registration. Applicants who complete a long form for DMV should have a copy of the application to the checklist form. The instructions make it clear that the applicant retain a copy and bring it to the polls when first voting. If a citizen appears at the polling place and states that a motor voter application to vote was completed, the person should have a copy of the form, if the long form was completed.

After January 1, 2002, applicants who mail in a short form for license renewal and voter registration will have been given a copy of the application. If you believe that the person submitted the form and that it was lost or mislaid, we have prepared an affirmation that you may have the applicant complete (See Appendix G). The Board of Civil Authority may then add the person to the checklist at the polling place, and administer the oath if necessary. This form is intended for those limited circumstances when your town did not receive the application although the applicant submitted it properly. 17 V.S.A. § 2147(a)(4).

The Secretary of State furnishes ballots to Town Clerks for the Primary Election by

August 11, and for the General by October 6, 2002. 17 V.S.A. § 2479. The Clerk must fill out the postcard receipt for the ballots received and return it immediately to the Secretary of State. As soon as the ballots are available, Clerks should immediately mail ballots to all absentee voters who want to vote by mail. The Town Clerk must store the ballots, except those used for sample ballots and absentee ballots, in a secure place until the day of election. At that time, the Clerk must deliver sufficient quantities to the Presiding Officer of each polling place, together with any local ballots prepared by the Town Clerk. (JP ballots or local election ballots, if any).

If ballots are not received by August 11 and October 6, please call the Secretary of State's Office immediately. We will work with the printer to have the ballots delivered. In the unlikely event that ballots are not delivered in time, or are destroyed or stolen, please call us and we will assist you with substitute ballots. 17 V.S.A. § 2480.

The Town Clerk must post sample ballots by Saturday, August 31 for the Primary and by Saturday, October 26 for the General Election. The Clerk marks "SAMPLE BALLOT" over the ballot and post one at each place where the warning has been posted. 17 V.S.A. § 2522. For the Primary, make sure "Sample" covers all sections, so that the ballot could not be stolen and used.

Any voter, family member or authorized person can request an absentee ballot in Vermont without providing any reason for the request. Voters who expect to vote by absentee ballot on election day may apply to the Clerk for absentee ballots no later than 5:00 p.m. or the closing of the town clerk's office on the day before the election. 17 V.S.A. § 2531. Those who expect to vote by absentee ballot and receive ballots by mail and who are applying for addition to the checklist at the same time, must have requested these ballots no later than Saturday, August 31, for the Primary, and Saturday, October 26, for the General Election. 17 V.S.A. § 2532.

The request may come from the voter, a family member or authorized representative. Only a voter or family member (a spouse, child, brother, sister, parent, spouse's parent, grandparent or spouse's grandparent) may request a ballot by phone, but any authorized person, including a friend of the voter, may request a ballot in person or in writing. The form provided for requests for absentee ballots set out in 17 V.S.A. § 2532(a) should be filled out by those requesting ballots in person or writing (See Appendix H). When the request comes over the phone, the Clerk or other official receiving the call should complete the form, giving his/her own signature, in place of the voter's.

The Clerk must make a list of all absentee voters, which contains the voter's name and address. A copy of the list shall be made available upon request at the Clerk's office, and in each polling place in the town, upon the opening of the polls. 17 V.S.A. § 2534.

Applicants requesting absentee ballots who live outside the United States or military service absentees can also use the Official Federal Post Card applications to request absentee ballots and to apply for addition to the checklist. 17 V.S.A. § 2549. All first time applicants for addition to a Vermont checklist must take the Voter's Oath. 17 V.S.A. § 2124. If the box is checked on the federal form, but the Oath isn't affixed to the card and it is unclear if the applicant took the Voter’s Oath, treat the post card as a request and send the applicant a new voter application form with an explanatory letter.

A single request for absentee ballots can be made for both the Primary and General Elections, if the ballots are to be sent to the same address. 17 V.S.A. § 2532(d).

There are now four ways to vote by absentee ballot. The voter may apply in person to the Town Clerk and vote in person in the Clerk's office on an absentee ballot, seal and sign the envelope, and return the ballots to the Town Clerk without leaving the Clerk's office. This may be done at any time the town clerk’s office is open until 5 p.m. on the day before the election.

17 V.S.A. § 2537.

The voter may pick up a ballot at the town clerk’s office and return the ballot in the same manner as if the ballot was received by mail 17 V.S.A.§ 2537.

A voter may also vote by mail. The Clerk sends the absentee ballots, with the appropriate envelopes, to the registered voter after the request is made as described above. Absentee ballots to persons living outside the United States and to all military personnel wherever they are stationed (including bases inside the United States) must be sent airmail, first class, postpaid. Those living within the United States may not be sent in postpaid envelopes; the town and the voter must pay the postage. 17 V.S.A. § 2539. All absentee ballots must be returned to the Clerk before the close of the polls on election day, either in person or by mail, in order to be counted, unless a court order provides otherwise. Remember: either in mailing the package from the Clerk's office to the voter, or in its return by the voter to the Clerk, they will weigh more than an ounce, so extra postage must be affixed.

If absolutely necessary, a Town Clerk can fax a ballot to a voter along with a copy of the certificate on the inside absentee envelope. The voter can complete the ballot, put the ballot inside a No. 10 envelope, seal the envelope, cut out the certificate and paste it on the envelope, complete and sign the certificate, place inside a mailing envelope and mail or have delivered to the Town Clerk by the close of the polls.

Justices of the Peace may deliver absentee ballots to voters who are ill or physically disabled. 17 V.S.A. § 2539(b). Only voters who are absent due to illness or physical disability (and who reside within the limits of the town, depending on the limits on the Justices' time) may choose this method of voting by absentee ballot. During the eight days immediately preceding the election, and on election day, the Town Clerk may divide the list of ill and physically disabled voters into as many parts as there are pairs of designated Justices, based on the geographic location of the absentee voters. Each list, together with absentee voter ballots and envelopes for each applicant, is then given to a pair of Justices by the Town Clerk. When Justices receive ballots and envelopes prior to election day, they receive only the ballots and envelopes they are assigned to deliver on that day. 17 V.S.A. § 2538(b). Justices must complete their rounds by the close of the polls and give the completed ballot envelopes containing the ballots to the Clerk for recording on the list of absentee voters.

Instructions on how to fill out and return the absentee ballots are on the envelopes. Do not confuse the Primary and General Election envelopes. The certificate on the face of the envelope must be signed by the voter, and if not, you must declare the ballot invalid. All ballots must be received by the Clerk before the polls close on election day, or they may not be counted.

17 V.S.A. §§ 2540 and 2542. In the Primary Election, absentee ballots must be marked "defective" and not counted if the unvoted ballots are not returned. 17 V.S.A. § 2547.

For every absentee ballot requested to be voted by mail, the Clerk needs the following:

7. Election Officials Training and Workshops

The Presiding Officer or an assistant designated by the Board of Civil Authority shall attend at least one election workshop every two years presented by the Secretary of State. We will do mailings to all Town Clerks and Board of Civil Authority members to notify you of the time and place for workshops throughout the state.

The Secretary of State also distributes a Vermont Election Law reference manual, in addition to this publication, for the assistance of all election officials. Most of our publications and forms are also available on our website: http://www.sec.state.vt.us.

D. Election Day

Town Clerks and Presiding Officers are busiest on the day before election day and election day itself. Here is a breakdown of those responsibilities:

1. Handling of Absentee Ballots at the polling places

On election day, the Clerk delivers all of the absentee ballot envelopes that have been received to the Presiding Officer in the polling place where the absentee voter would have voted in person. 17 V.S.A. § 2543.

Please note: Although the law states that the voter must return the absentee ballot to the town clerk or to the polling place before the close of the polls on election day, we have had some unfortunate situations in various towns where voters have placed absentee ballots in "slots" for water and sewer payments or tax payments or at Town Clerk's offices that were closed on election day. We suggest that you post a sign on the Town Clerk's Office Door and/or bulletin board stating that after the close of the Town Clerk's office the day before the election, all absentee ballots must be delivered to the polling place or they will not be counted.

After receiving the absentee envelopes, the Presiding Officer or designated election officials check to see that the absentee voter is on the checklist, that he or she has not already voted, that the unvoted section of the Primary ballot is enclosed (in the Primary), and that the certificate on the voted ballot envelope is properly filled out (at minimum, the certificate must be signed by the voter). The absentee voter’s name is then checked on the entrance checklist. The election officials may then open the envelope and, without unfolding the ballots or permitting examination of them, deposit them in the proper ballot box--unvoted Primary ballots into the unused ballot box; voted ballots in the Primary voted ballot box and the General into the voted ballot box. The officials should also ensure that the name is also checked off the exit checklists, if any. 17 V.S.A. § 2546.

On election day, if a voter appears at the polls with all unmarked absentee ballots and envelopes and wants to vote in person, the Presiding Officer must turn all of the absentee ballots and envelopes over to the Town Clerk and allow the voter to vote in person. 17 V.S.A. § 2548. The returned absentee ballots should then be treated as spoiled or unused ballots, pursuant to

17 V.S.A. § 2568. (A person who was mailed absentee ballots cannot vote in person unless he or she returns all of the unmarked absentee ballots.)

2. Opening the polls

The polls should be opened by the Presiding Officer on election day at a time between 6:00 a.m. and 10:00 a.m. as established by the Board of Civil Authority. 17 V.S.A. § 2561. The Presiding Officer makes assignments of the duties of election officials working at the polls. As much as possible, election officials must be assigned to work in pairs, with no pair containing members from the same political party. 17 V.S.A. § 2562.

Voters who declare they cannot read or write or by reason of physical or mental disability cannot mark their ballots or use a voting machine, are entitled to the assistance of either two election officials or a person of their choice in the marking of their ballots, so long as the person chosen is not an employer or union official of the voter. 17 V.S.A. § 2569.

The Board of Civil Authority must also take such measures to assure that elderly and physically handicapped voters may conveniently and secretly cast their votes. 17 V.S.A. § 2502.

The voter approaches the entrance checklist. Before entering the guardrail, the voter must state his or her name and, if requested, place of residence in a clear and audible tone of voice. Those election officials attending the entrance checklist should then verify that the person's name is on the checklist. If the name is on the checklist, and the name is not immediately challenged on the basis of identity or having previously voted in the same election, election officials must repeat the voter's name aloud, place a check mark next to the name, and admit the voter within the guardrail for the purpose of voting. 17 V.S.A. § 2563. Repeating the name in a loud voice will also serve the needs of pollwatchers, who have the right to hear or see the name of each person seeking to vote. 17 V.S.A. § 2564.

If a person has properly applied for addition to the checklist, but has not yet taken the Voter’s Oath, the Presiding Officer or any member of the Board of Civil Authority may administer the Voter's Oath.

The voter is then handed ballots by an election official, who is also available to answer questions on the process of voting. 17 V.S.A. § 2565. Without leaving the polling place, the voter enters the booth to vote. The law explains that each voter has a maximum of five minutes in the booth while others are waiting, although this provision should be liberally construed.

17 V.S.A. § 2566. If the voter spoils a ballot, additional ballots may be provided, up to three in number. 17 V.S.A. § 2568.

Voters who do not use their ballots must return them to the Presiding Officer. Spoiled and unused ballots must be immediately canceled and, together with those originally delivered to the Presiding Officer which remain undistributed to voters by the end of the day, returned to the Town Clerk for disposition, in accordance with 17 V.S.A. § 2590.

In the Primary, each voter must separate the sections of the Primary ballot, whether voted or unvoted, and fold each separately. The voter then goes to the exit checklist, if any, and has his or her name checked off, delivers the unvoted ballot to an election official, for deposit in the unvoted ballot box. The official then deposits the unvoted ballot in the proper ballot box. The voter then deposits his or her own voted ballots in the voted ballot box or boxes and leaves the polling place.

In the General Election, the voter folds the ballots, is checked off the exit checklist and deposits the ballots in the appropriate boxes before leaving the polling place.

17 V.S.A. §§ 2570 and 2571.

In no case should any ballot be taken from the polling place by a voter, election official, or other person, except when Justices carry ballots to elderly or handicapped voters, either by home delivery or for the purposes of voting from motor vehicles adjacent to the polling place.

17 V.S.A. § 2502(b).

Pollwatchers, who are representatives of political parties, candidates and political committees, have a right to challenge a voter's right to vote on the basis that a voter has previously voted or that the voter is not, in fact, the person whose name appears on the checklist. 17 V.S.A. § 2564. In polling places with 500 or fewer names on the checklist, these same groups also have a right to view the checklist, at times convenient to election officials, if prior written requests are made at least twelve hours before the polls open. 17 V.S.A. § 2572.

Occasionally, a citizen will come to vote at your polling place and your election workers will not find the name on the checklist. The election worker should contact the Presiding Officer of the polling place immediately. If, after discussing the facts of the situation, it appears that the voter was removed from the checklist by inadvertent error, the polling officer may call together the members of the BCA that are present, and after explanation of the error, the BCA members present may vote to add the name to the checklist to correct the erroneous removal.

17 V.S.A. §§ 2147 and 2150(d)(6).

If the person has never been on the checklist for this polling place, but asserts that he completed a long form for the Department of Motor Vehicles, the person should have his copy of the form. If the person presents his copy of the form, and it appears to have been submitted in a timely manner but mislaid in the administrative process, you may call together the BCA members present, and vote to add the name to the checklist.

If the person completed the short form for DMV(license renewal by mail), and asserts that it was submitted in a timely manner, you may request that the person complete the affirmation form (sample in Appendix G) and the BCA may vote to add the name to the checklist. This is not mandatory, but this procedure can be helpful when you and the BCA believe that the person has done his part to register. 17 V.S.A. §§ 2145 and 2147(a)(4).

If the person does not fit the categories described above, and the person wants to be added to the checklist in order to vote today, you can refer the person to apply to any superior or district court judge in the county or district in which the person claims residence. The person must present a written notice to the court, but it can be informal and need only be sufficient to identify the person and the town in which she has been denied eligibility to vote. Some Presiding Officers will call the court to alert court personnel that a person will be requesting an expedited hearing. Upon conclusion of the hearing, the judge may issue an order to either deny the request or for the BCA to add the person to the checklist. Upon receipt of the order to add, the Town Clerk adds the name, and the person can vote. 17 V.S.A. § 2148.

The Presiding Officer must ensure that no one interferes with the progress of any voter to and from the polling place. 17 V.S.A. § 2508. THERE IS NO LIMIT SET IN THE LAW FOR DISTANCE THAT A CANDIDATE OR SUPPORTER MUST BE FROM THE POLLING PLACE. It is up to the Presiding Officer to decide and show candidates and supporters where they can stand outside each polling place. As Presiding Officer, you are directed to make sure

that no one physically interferes with a voters ingress and egress, but you cannot establish limits that are too distant from the polling place. In addition to election law, the statutes that apply to behaviors in any public place apply to the polling place as well.

If voters have complaints about actual harassment outside the polling place, call a law enforcement officer to deal with that problem.

The law now states that on election day, the Presiding Officer shall control signs outside the polling place in a fair manner. You may ban signs from the polling place property that are affixed to the premises or placed on a post in the ground. Or, you may allow signs to be placed on a certain area of the lawn, with reasonable limits as to size and number of signs per candidate. However, if a supporter or candidate wants to hold a sign, there are first amendment rights to do so, so long as the sign holder does not interfere with the ingress and egress of voters.

Within the building containing a polling place, the Presiding Officer is responsible for insuring that no campaign literature, stickers, buttons, name stamps, information on candidates or other political materials are placed, handed out, displayed or allowed to remain. Voters can carry small cards or folded papers to assist the voter in marking his ballot in the voting booth so long as the materials are not displayed to other voters and are not left in the voting booth. Many elderly persons feel better when they have information with them.

Voters wearing buttons or stickers should be asked politely to remove them while inside the polling place. However, do not attempt to remove buttons, other insignia, or prohibit a determined button-wearer from voting if he or she refuses to remove the political insignia.

Voters may bring in and affix a small candidate name label or sticker to express a vote for a write-in. 17 V.S.A. § 2587(e).

Within the building, the Presiding Officer is also responsible for ensuring that no candidate, election official or other person distributes election materials, solicits voters or otherwise campaigns. 17 V.S.A. § 2508. We are available on election days to assist you if issues arise.

Polling places in every town in Vermont must close at 7:00 p.m. It is the duty of the Presiding Officer to announce that the polls are closed at this time. If there are voters still waiting to be checked in or to vote, they should be given the opportunity to complete the voting process, but no one arriving after the polls closing announcement should be allowed to vote at that election. 17 V.S.A. §§ 2561 and 2581. The Presiding Officer should place one election official at the end of the line as the polls are closed to ensure that no one enters the line after the announcement and votes.

Once the polls are closed and the last voter completes the process, the Presiding Officer is responsible for ensuring that all persons who are not election officials are prevented from entering within the guardrail until all votes have been counted. Persons who are not election officials may remain in the polling place, but outside the guardrail. If counting is done in a

separate room, the public must still be given an opportunity to observe the counting process from a designated area. In all cases, these persons must be able to observe the counting process, but not to interfere with the orderly count and return of votes. 17 V.S.A. § 2581.

The Presiding Officer directs the counting process. First the checklists should be examined. The number of voters checked should be tallied on each checklist and the tallies recorded by the Presiding Officer. The Presiding Officer must also prepare a statement listing any discrepancies between the checklists, including a list of names that are checked off on only one checklist and other details related to the discrepancies. Before the exit checklist or alternate materials, if there is no exit checklist, and the statement of discrepancies are placed in a ballot bag for storage, the exit checklist should be marked as the exit checklist. 17 V.S.A. §§ 2582 and 2583. The entrance checklist must be kept out of the ballot bag and returned for safekeeping to the Town Clerk, who can make copies of it upon request for those who are interested and willing to pay the cost of producing a copy.

The next step is ballot counting. The Presiding Officer opens the boxes and distributes the ballots to the election officials in approximately equal numbers. Election officials should work in pairs, with no pair containing members from the same political party, if possible. Once ballots are distributed to a pair of election officials, that pair must retain custody of those ballots throughout the counting process. If more than one kind of ballot is used at the election, only one kind at a time should be distributed. 17 V.S.A. § 2584.

The details of the ballot counting process are discussed in 17 V.S.A. § 2587 and in Chapter V of this booklet, under the section for Election Officials and Assistants.

As the count for each office or question is completed, the Presiding Officer and one other election official must collect the tally sheets, enter the totals shown on the tally sheets on the summary sheets, add and enter the sum of such figures and sign the summary sheets. As each summary is completed for an office, the Presiding Officer publicly announces the results. 17 V.S.A. § 2588. (The Office of the Secretary of State will mail you the tally sheets, summary sheets and one copy of the Official Return of Votes forms several weeks before the election. We are no longer using the four ply paper forms for the Official Return of Votes. After you complete the returns on election day, you will need to make four additional copies of the official returns.)

The Presiding Officer and another election official then complete the Official Return of Votes immediately, or stores the summary sheets in a safe, secure place until their completion the following morning. No later than 24 hours after the polls close, the Presiding Officer and one other election official must complete the Official Return of Votes and sign it. 17 V.S.A. § 2588.

The day after the election, (and in no circumstances later than 48 hours after the close of the polls), the Town Clerk must make four copies of the Official Return of Votes, and then deliver in person or overnight mail the original certified copy of the Official Return of Votes to the Secretary of State. Keep one copy for your files. Also, mail a copy of the Official Return of Votes to the Senatorial District Clerk, the County Clerk and the Representative District Clerk. 17 V.S.A. § 2588. See Section 10 for securing and storing of the ballots, tally sheets and checklists.

The Town Clerk is also responsible for notifying successful candidates for Justice of the Peace of their election, following the General Election. The Clerk must send or deliver a certificate signed by the Clerk and one other election official to each candidate elected. The Secretary of State will send copies of these certificates. In January 2003, the Secretary of State will send you copies of the oath of office for JPs. The newly elected Justice must take the oath of office and deposit a signed and certified copy of the oath with the Town Clerk before taking office on February 5, 2003. 4 V.S.A. § 491. Town Clerks must send the names and addresses of all Justices to the Secretary of State following the election. 17 V.S.A. § 2592(i).

The Presiding Officer must place the tally sheets, ballots and exit checklist in one or more ballot bags, tag and seal the bags and deliver all to the Town Clerk. If your BCA has voted not to use an exit checklist, you must include alternative material that provides a tally of the number of persons checked on the entrance checklist, and explain any discrepancies between that number and the number of voters tabulated by the voting machines.

All ballot bags must be sealed and tagged. The tag for each ballot bag must list all of the contents of the bag, the town to which it belongs, the name of the Presiding Officer and the date. The seal numbers should be listed on a separate piece of paper and kept in a secure location, in case a question is raised about tampering with the ballot bags.

The Town Clerk must store the ballot bags for a period of 90 days following the election for local elections and for a period of 22 months for all primary and general elections. If necessary for safe storage, the Town Clerk may store them in a bank vault or other secure place, provided that no one may have access to them without the Town Clerk's consent. After 90 days, the unused ballots may be disposed of for all elections, but federal law requires that the remaining election material must be kept in a secure location for 22 months following the election.

42 U.S.C. § 1974. The entrance and exit checklists must be filed and preserved by the Town Clerk for a period of five years. 17 V.S.A. § 2590.

More than one-half of all Vermont voters use voting machines in 60 towns and cities in Vermont. Yet, 186 towns still use paper ballots and hand count. The basic statutory reference is 17 V.S.A. §§ 2491 - 2499, although there is mention of voting machines throughout Title 17.

If your BCA has voted not to use an exit checklist, you must include alternative material that provides a tally of the number of persons checked on the entrance checklist, and explain any discrepancies between that number and the number of voters tabulated by the voting machines in your ballot bags. In addition, the read-out sheets for voting machines must also be sealed in the ballot bags once the votes have been counted. 17 V.S.A. § 2499(b).

The entrance checklist should be kept within the control of the Clerk and made available at cost to the public upon request. 17 V.S.A. §§ 2583 and 2590.

The Secretary of State has adopted rules for purchase/use of voting machines. See Appendix E.

As most of you are aware, 2002 is the year for redistricting of the Legislature following the 2000 census results. We will post the new districts and the new list of representative and senatorial district clerks on our website as soon as this information is available.

Some Town and County Clerks are, by statute, designated to serve as either a Representative District Clerk or a Senatorial District Clerk, so that each district that elects a member of the General Assembly has a designated Clerk. These clerks perform duties relating to preparations for the Primary Election and campaign finance filings for both the Primary and General Elections. They also play a leading role as members of the various canvassing committees in both elections. Appendix A lists the new representative districts along with Representative District Clerks and Appendix B lists new senatorial districts with Senatorial District Clerks.

Candidates of the Republican, Democratic, and Progressive Parties seeking to have their names on the Primary ballot must file petitions with the appropriate filing officer by 5:00 p.m. on Monday, July 15, 2002. Candidates may not be on the Primary ballot of more than one party for the same office. 17 V.S.A. § 2353. Petition requirements are (17 V.S.A. §§ 2355 and 2356):

• U.S. Representative, Governor, Lieutenant Governor, State Treasurer, Secretary of State, Auditor of Accounts and Attorney General, 500 valid signatures to be filed with the Secretary of State. 17 V.S.A. §§ 2355 and 2356.

• County Offices – Probate Judge, Assistant Judge (Side Judge), State’s Attorney, Sheriff, and High Bailiff: 100 valid signatures on petition to be filed with the county clerk.

• State Senate: 100 valid signatures to be filed with the Senatorial District Clerk.

• State Representative: 50 valid signatures to be filed with the Representative District Clerk.

The law now requires that Consent Forms must be filed by the petition-filing deadline. The consent form signed by the candidate establishes the name of the candidate as it will appear on the ballot. This Consent Form must be faxed or mailed to the Office of the Secretary of State by the district clerk immediately after the clerk has examined the petition and ascertained that it contains the sufficient number of signatures. The candidate will not appear on the ballot unless we receive the consent form. 17 V.S.A. §§ 2358 and 2361.

Copies of petitions and consent forms are available in Town and County Clerks' offices, on our website at http://www.sec.state.vt.us, or from the Office of the Secretary of State.

At the time the voter signs a petition, the voter must be registered and qualified to vote for the candidate. Each signer must print town of residence next to the signature, and a voter may not sign more than one petition for the same office in the Primary, unless more than one nomination is to be made (as in a two-seat Representative District). Signing a petition does not bind a signer to vote for that candidate on election day. 17 V.S.A. § 2354.

Candidates may submit petitions at any time before July 15, and the law requires that Clerks must complete their check of those petitions within 72 hours of receipt. 17 V.S.A. § 2358(b).

Once the petitions have been submitted to the correct Clerk, the Clerk examines the petition to ascertain that it contains a sufficient number of legible signatures. If there are sufficient legible signatures, and you have no reason to believe the petition is otherwise defective, you should consider the petition valid. 17 V.S.A. § 2358. Petitions with obviously less than the required number of signatures must be rejected outright, and cannot be supplemented. If you have some reason to believe that the petition is defective in that it does not contain a sufficient number of legible signatures of actual voters, you must reject the petition and notify the candidate that he has ten days to submit the required number of legible signatures. If you do have reason to verify signatures on petitions, you must not count names of voters that are not on the checklist of the town that the person indicates as his or her town of residence. 17 V.S.A. § 2358(c). If requested by a County, Senatorial, Representative Clerk, or the Secretary of State, the Town Clerk must send a copy of the current checklist without charge. 17 V.S.A. § 2358(d).

Immediately following receipt of the petition, but not later than three days from receipt, Clerks must notify the Secretary of State of all conforming and all non-conforming petitions.

17 V.S.A. § 2359. Please call the Elections Division immediately if you have rejected a petition and returned it to a candidate for collection of supplemental signatures.

No notice is required to be given to candidates of conforming petitions, but Clerks must notify the Secretary of State of each candidate's name, town of residence, office and political party by faxing the Consent Form filed by a candidate to the Secretary of State, so that the candidate's own submission can be used to design the Primary ballot.

Candidates notified of nonconforming petitions must resubmit corrected petitions before

5:00 p.m. on Thursday, July 25 with the Clerk, however, please encourage candidates to file supplemental petitions as soon as possible. Within two days of receipt of supplemental petitions, the Clerk must notify the Secretary of State. 17 V.S.A. § 2359.

All petitions for the Primary must be kept in a secure place until Thursday, December 5 (30 days following the General Election) at which time they may be destroyed. 17 V.S.A. § 2360.

The Representative District Clerk and one other election official serve as the canvassing committee to tally returns received from the Town Clerks within the Representative District, to complete the Canvassing Report to be sent to the Office of the Secretary of State, and to issue certificates of nomination for the major party candidates for State Representative.

17 V.S.A. § 2592(d). In single town districts the canvassing committee meets at 10:00 a.m. on Wednesday, September 11 (the day following the Primary). In multi-town Representative Districts the canvassing committee meets at 10:00 a.m. on Friday, September 13 (the third day after the Primary). 17 V.S.A. § 2368.

The Senatorial District Clerk serves as a member of the Senatorial District canvassing committee, along with the chair of the County Committee of each major political party or their designees. 17 V.S.A. § 2592(c). Clerks are reminded to contact county committee chairs to remind these officials of their duty to serve on the canvassing committee. (If a major party in your district does not have a chair, contact the state party chair to see if he or she wants to designate a member. If not, the committee meets without representation from that party). The Senatorial District canvassing committee meets on Friday, September 13, at 10:00 a.m. to tally returns, to complete the canvassing committee report, and to issue certificates of nomination for major party candidates for State Senator. 17 V.S.A. § 2368.

The County Clerk serves as a member of the canvassing committee for County offices (except JP) and countywide public questions, along with the chair of the County Committee of each major political party or their designees. 17 V.S.A. § 2592(b). Please remind these officials of their duty to serve on the canvassing committee. (If a major party in your district does not have a chair, contact the state party chair to see if he or she wants to designate a member. If not, the committee meets without representation from that party). The County officers canvassing committee meets on Friday, September 13, at 10:00 a.m. to tally returns and to issue certificates of nomination for major party candidates for county offices (Probate Judge, Assistant Judge, State’s Attorney, Sheriff, and High Bailiff.). 17 V.S.A. § 2368.

Persons receiving a plurality (the greatest number) of all the votes cast by the party in the Primary shall be declared the party's candidate for that particular office. 17 V.S.A. § 2369.

If no candidate's name is printed on the ballot for an office for a party, a write-in candidate for that office and party may only qualify as a Primary winner if he or she receives at least one-half of the number of votes required for the Primary petition for that office. (For example, at least 25 votes for State Representative, 50 votes for State Senate, and 250 votes for the congressional and statewide offices.) If a candidate's name was printed on the ballot for that office and party, a write-in candidate may qualify as a winner of the Primary if they receive a greater number of votes than those received by all other candidates.

17 V.S.A. § 2370.

The person who receives a plurality of all the votes in a party Primary shall be the candidate of that party for that office. If two or more candidates of the same party are tied for the same office, the state committee of the party shall determine who shall be the party candidate for a statewide office or congressional office. If there is a tie vote for a county office, for state senator or for a representative to the general assembly, a run-off election shall be held on Tuesday, September 24, 2002, in the same manner as the primary election. 17 V.S.A. § 2369.

Each canvassing committee must prepare and sign certificates of nomination for the major party nominees and mail or deliver them to the nominee. Immediately (not later than two days after the meeting), a copy of each certificate along with the canvassing committee report (list of total votes for each candidate), must be mailed to the Secretary of State. 17 V.S.A. § 2371.

The committee membership is the same for the Primary and the General Election for Representative District, Senatorial District and County canvassing committees. For the General Election, all canvassing committees meet at 10:00 a.m. on Tuesday, November 12, 2002.

17 V.S.A. § 2592(a) to (g).

Each canvassing committee declares the person receiving the largest number of votes for each office to be elected, and issues a certificate of election, signed by a majority of the committee. The committee is required to send this certificate to the candidate elected. Representative District committees are also required to send a copy of this certificate to the Secretary of State. 17 V.S.A. § 2592(h). Each Senate winner must provide a copy of his certificate of election to David Gibson, Secretary of the Senate.

Each canvassing committee must also send a copy of the canvassing committee report to the Secretary of State who preserves the reports as permanent records. 17 V.S.A. § 2592(m).

In the case of a tie vote in the General Election, the canvassing committee should immediately petition the Superior Court for a recount. 17 V.S.A. § 2592(l). See also

17 V.S.A. § 2602 and following on recounts.

The Board of Civil Authority is the principal policy-making body for Vermont elections. The Board of Civil Authority (BCA) makes some of the most difficult elections decisions, notably who should be added to and who should be removed from the checklist. Members of the BCA frequently serve as election officials. In addition, justices of the peace may deliver absentee ballots. If there are not enough BCA members available to serve on election day, the BCA shall appoint a sufficient number of legal voters of the town to serve as election officials.

1. Board of Civil Authority’s Role in Adding and Removing Names on the Checklist

A person may be added to or allowed to remain on the checklist if on election day the following apply: (1) citizen of the United States; (2) resident of the State of Vermont; (3) eighteen years of age or older; and (4) have taken the Voter's Oath. Three out of four of these qualifications are easy. Whether an applicant is eighteen or older or whether an applicant has taken the Voter's Oath is easily ascertainable. Citizenship, while it can be tricky in some situations, can be resolved. Sometimes a person misunderstands and believes that a resident-alien "green" card allows one to register to vote. It does not; a person must become a citizen, not a resident-alien, to vote. (You may also call the Immigration Service in St. Albans (524-6742)).

It is No. (2), "residency," that is the troublemaker. We begin with 17 V.S.A. § 2122(b):

Intent is the key. What about a student in a dorm, living nine months of the year in Vermont and intending to remain in Vermont indefinitely? Or, a summer person living in Vermont for the warm months but returning to Connecticut to a nine-month "temporary" residence? Or, an owner of houses in two Vermont towns, living in one and renting out the other house, but fully intending to return to the rented house when he or she retires?

Boards of Civil Authority throughout Vermont have a difficult time trying to decide whether these hard cases satisfy the intent requirement of 17 V.S.A. § 2122(b). In the end, it is a matter of the BCA’s view of whether the facts presented by the applicant, meet the definition of "principal dwelling place."

The student can make that dorm room a principal dwelling place, no matter where he or she spends the summer. The federal courts have been very clear in this regard. If the student fills out the application form and swears the dorm is his principal dwelling, you should add the name. You should also notify the clerk of his last voting district that his name should be removed there.

The summer resident probably does not qualify. Nine months away, with a job and a home in another state, are compelling facts when determining your principal dwelling place. However, it is not length of time alone that is the determining factor.

The dual homeowner who is renting one of the homes for most of the year most likely cannot establish residency in the town where the rental property is located since no time is spent in town, except perhaps to collect the rent. The statute states "[i]f a person removes to another town with the intention of remaining there indefinitely, he shall be considered to have lost his residence in the town in which he originally resided even though he intends to return at some future time." The dual homeowner should only be on the checklist where he resides, not where he collects rent.

Federal law covers the former Vermont resident who now lives overseas. Citizens have the right to maintain their status as voters in places within the United States where they have established residency, while they are overseas. 42 U.S.C. § 1973cc. 17 V.S.A. § 2122(a). Whether in military service, or living by choice abroad, a person can maintain residency for voting purposes in the town of former residence in Vermont until the person returns to the U.S.A. However, a person cannot create a residency in a new location until they return to the U.S.A. and establish a new principal dwelling place. If you never lived in Vermont, you cannot decide to register in a town you wish to live in or retire to when you return to the United States.

There is also the person turning eighteen or moving to town or the person who has mailed in an application without taking the Voter's Oath, who will qualify to vote after the deadline for filing applications for addition to the checklist but before the close of the polls on election day. In this case, the applicant may file a letter of intent to apply prior to noon of the second Saturday before election day. The Board of Civil Authority must then accept his or her application at any time the applicant is qualified, and permit the applicant to vote, if the application is received, and the oath administered before the close of the polls on election day. 17 V.S.A. § 2144(b).

The clear objective of the law on residency and checklists is to ensure that Boards treat each applicant equally and individually. The law prohibits the BCA from requiring applicants to complete any form other than the "Application to the Checklist" or from requiring that all applicants or any particular class of applicants appear before the Board in person or submit additional information to verify or otherwise support the information contained on the application form. 17 V.S.A. § 2145(c).

However, on a case by case basis, the BCA can make inquiry if it has any reason to question an application. On demand of a majority present (at least three members must make up that majority, except on election day, when any number of Board members present at the polls may act, no matter if only one is present) the BCA may require that applicants as individuals be examined, under oath, concerning the facts stated in the application. The Board may also make such investigation as it deems proper to verify any statement made under oath by an applicant.

17 V.S.A. § 2146(a). Please call our office if you would like more information on how to handle such inquiries.

The law is clear on the procedures a Board of Civil Authority must follow in denying an application. When a Board votes to reject an application, the Board must notify the applicant, in person or by first class mail, giving its reasons for the rejection and offering an opportunity for a hearing. The notice to be used for this purpose is set out in 17 V.S.A. § 2146(b).

In removing a person's name from the checklist, the law is equally precise as to form. If the Board does not immediately know whether a voter is still qualified to vote, it must try to determine with certainty the true status of a voter's eligibility. The Board may consider and rely on official and unofficial public records and documents, including but not limited to, telephone directories, city directories, newspapers, death certificates, tax records and any checklist showing persons who voted at any election within the last four years. The Board may designate one or more persons to attempt to contact the voter personally. 17 V.S.A. § 2150(d)(2).

If the voter cannot be found, or the Board finds reason to believe the voter is no longer qualified (usually because of a change in residency status), the law requires that a notice 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. The notice must include the following: (A) 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 card to the town clerk's office on or before the date upon which the checklist is closed. The statement must also inform the voter that if he or she fails to return the card, affirmation of the voter's address will be required before the voter is permitted to vote; and (B) information containing how the voter can continue to be eligible to vote if the voter has changed his or her residence to a place outside the area covered by the checklist. Enclosed with the notice must be a postage paid pre-addressed return card on which the voter may reply.

17 V.S.A. § 2150(d)(3).

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. 17 V.S.A. § 2150(d)(4). In the case of voters who fail to respond to the notice sent, 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, provided that 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. 17 V.S.A. § 2150(d)(5).

Any systematic program for removing names from the checklist must be completed at least 90 days before an election. 17 V.S.A. § 2150(b).

If the Board subsequently determines that the voter was removed from the checklist in error and that the voter is still qualified to vote, the name should be returned immediately to the checklist, and this can be done on election day itself. 17 V.S.A. § 2150(d)(6). Remember the

words of the law: "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 a right to have his name immediately returned to the checklist."

Remember, too, that the Board of Civil Authority acts as a body, not as individual members. The quorum requirement of 17 V.S.A. § 2103(5) means that at least three members of the Board must be present and in agreement in order to take effective, official action, except on election day, when any number present, even if only one, can take action.

Unless your town has voted at an annual or special meeting to allow the Town Clerk to add names to the checklist pursuant to 17 V.S.A. § 2144b, the Clerk cannot act on his or her own to add names to the checklist. There are three circumstances in which the Town Clerk is authorized to remove names without action by the BCA: 1.) When a voter from one town moves, applies to the new town and is placed on the checklist there, receipt of the copy of the signed voter application form is sufficient authority for the Clerk to remove the name of the voter. 2.) When a Clerk receives a copy of the death certificate of a voter, the Clerk may remove the name.

17 V.S.A. § 2150(a). 3.) When a voter responds with the postcard or letter sent by the BCA or provides a signed written request to be removed, the Clerk may do so. 17 V.S.A. § 2150(a).

Minutes must be kept of each Board of Civil Authority meeting. The minutes need to give a accurate indication of the business of the meeting, including the names of all Board members present and all members of the public who participated in the meeting; all motions made, and what disposition was made of them; and the results of all votes, with a record of the individual vote of each member if a roll call vote is taken. 1 V.S.A. § 312. The Board is governed by the state's open meeting law. 1 V.S.A. §§ 311 - 314.

For each name removed from the checklist, the records kept by the BCA must include a clear statement of the reason for which the name was removed from the checklist, and, in the case of updating the checklist, the working copies of checklists used to ascertain continued eligibility. (This may be as simple as keeping a copy of the written request or new registration form.)

In addition, the clerk must keep records of the number of new registrations occurring during the period between general elections; the number of persons removed from the checklist during the period between general elections; the list of names and addresses of all persons to whom notices were sent and information concerning whether or not each person to whom a notice was sent responded. These records must be retained for at least two years. 17 V.S.A. § 2150(d)(7).

The deadline for applying for addition to the checklist is Saturday, August 31, for the Primary and Saturday, October 26, for the General Election. The BCA must meet at least once between that deadline and the day of election, unless no new applications have been filed.

17 V.S.A. § 2142. A meeting of the BCA should also be called to act on applications when a person has a pending application and the person wants to submit a petition to run for Australian ballot town elections, or wants to be appointed by the Selectboard to fill an unexpired term.

If your town has difficulty in getting reasonable attendance at meetings to add names to the checklist, you may want to consider holding the meetings immediately preceding a regularly scheduled Selectboard meeting or your Town may want to have an article at Town Meeting to authorize the Town Clerk to add names to the checklist. 17 V.S.A. § 2144b.

If there is a quorum problem, the BCA can meet to add names to the checklist on the day of the election, before the polls open. Names can be added at that time by a vote of a majority of those members of the Board of Civil Authority present and voting to do so, even if it is only one member. 17 V.S.A. § 2451.

Any member of the BCA may administer the Voter's Oath. 17 V.S.A. § 2124(a) and (c). (While this statute specifically allows selectboard members to administer the Voter's Oath, a selectboard member cannot administer any other oaths or perform other notary duties unless they are a notary public.)

There are a number of decisions the Board of Civil Authority must make before the day of the election at a properly warned meeting. The BCA decides the following:

• the proper number of voting booths. 17 V.S.A. § 2504.

• designates the location of polling place or places (although voters may decide on other polling places at a duly warned annual or special meeting). 17 V.S.A. § 2501. The location of polling places should be considered carefully by the Board, with concern for access for elderly and handicapped voters. The law requires that Boards take measures necessary to assure that elderly and handicapped voters may conveniently cast their votes. These measures may include location of polling places on the ground floor of buildings; providing ramps, elevators, or other facilities; providing a stencil overlay for ballots; providing more accessible, separate polling places with direct communication to the main polling place; and procedures for election officials to carry ballots to handicapped or elderly voters in their motor vehicles. 17 V.S.A. § 2502(b).

• divides the checklist if more than one polling place is designated. This must be done by Thursday, August 3, for the Primary and Thursday, September 28, for the General Election. 17 V.S.A. § 2501. If separate checklists are to be used, the Board is responsible for determining the geographical location of each voter's last known address and may order that a voter's name be removed from one checklist and added to another within the municipality. This last action cannot be done on election day. 17 V.S.A. § 2501(c).

• may vote not to use an exit checklist. 17 V.S.A. § 2507. If the BCA so votes, the Town Clerk must place alternative material (the number of voters and any discrepancies between the vote totals and the number of voters into the ballot bags.).

• designates pairs of Justices to deliver absentee ballots to ill and physically disabled voters. This must be done not later than three days before the day of election. No pair shall consist of two Justices from the same political party. If there are not enough Justices to do the job, additional voters may be appointed, again in politically mixed pairs, from a list provided by the chair of the town committee of political parties in town. 17 V.S.A. § 2538. The following persons are disqualified from delivering absentee ballots: candidates who are otherwise disqualified from serving as election officials and their spouses, children or parents. 17 V.S.A. § 2538. Candidates are not disqualified if they are unopposed. Also, if you are running for Justice of the Peace, you are not disqualified from serving as an election official, even though you are running in a contested race. If, in addition to Justice, you are also running for State Representative or some other position which is contested, you would be disqualified from serving as an election official in that election. 17 V.S.A. §§ 2538 and 2456.

• determines the compensation of Justices and other party representatives for election duties, to be paid by the town.

• designates the time for opening the polls at any hour between 6:00 a.m. and 10:00 a.m. for the town. All polls close at 7:00 p.m. throughout the State of Vermont. 17 V.S.A. § 2561.

• The BCA must appoint a sufficient number of assistant election officials, to work in politically balanced pairs, when possible. The appointed election officials must be sworn in before participating in any election duties. 17 V.S.A. § 2454.

The Board of Civil Authority is in charge of the conduct of elections within the municipality. Board members should be in attendance at polling places on election day whenever possible.

17 V.S.A. § 2451.

The BCA (consisting of those members of the Board present at the polls on election day even if it is only one member) must determine the eligibility of voters whose qualifications have been challenged at the polls. 17 V.S.A. § 2149. If a person's name appears on the checklist at a particular polling place on election day, that person has a right to vote at that polling place.

17 V.S.A. § 2150(c), unless the person has been previously sent a letter challenging residency and the voter will not swear or affirm that he has a physical address within the town.

17 V.S.A. § 2150(d)(3)(A).

The BCA is also responsible for acting on challenges to voters by pollwatchers or other persons present at the polls. Representatives of parties, candidates, or political committees have a right to set up chairs in an area outside the guardrail designated by the Presiding Officer where they can hear the names of voters as they are checked off on the entrance checklist. Election workers must state the names loudly so they can be heard by those paying attention, but they do not need to go back and repeat names for pollwatchers who have left the polls temporarily or who are busy doing something and just don’t check off the names.

Political parties, candidates whose names appear on the ballot, and political party committees then have a right to challenge voters as they appear at the entrance checklist, for two reasons stated in the statutes: a.) A voter may be challenged on the grounds that he or she is not, in fact, the person whose name appears on the checklist or, b.) he or she has previously voted in that same election. If a voter is challenged, then the BCA must immediately convene, informally hear the facts and rule on the matter. 17 V.S.A. § 2564. Pollwatchers cannot challenge voters for any other reasons than the two stated above.

If the BCA has sent a notice to a person requesting confirmation of residency as part of the checklist purging process this will be indicated on the entrance checklist. The election official must ask these persons to sign an affirmation of residency at the polls before voting. 17 V.S.A. § 2150(d)(3)(A). The person must swear in writing that he or she continues to reside at a physical address (E-911) within the city or town.

BCA members may serve as election officials, working at the polls during the day, including managing one of the checklists, and after the polls close, assisting in the counting of the ballots. For information on these duties, please consult the following chapter.

This chapter covers the responsibilities of election officials: including the assistant election officials appointed prior to election day by the Board of Civil Authority, the Board of Civil Authority itself (except those duties explained in the last chapter) and particularly, Justices of the Peace, as they fulfill their duties delivering absentee ballots.

Prior to the day of election the Board of Civil Authority shall appoint a sufficient number of voters from each district to serve as assistant election officials in their respective polling places, ensuring political balance whenever possible. 17 V.S.A. § 2454. All appointed election officials must be sworn in before entering upon their duties.

The oaths required are set out in the Vermont Constitution. They are, as follows:

In certain cases, members of the BCA or their election officials may not serve due to a statutory conflict. For instance, no person who is a candidate for an office in a contested race printed on the ballot may serve as an election official for that election except if the person is running for Justice of the Peace, Town Clerk, Clerk-Treasurer, Moderator, or in charter towns, for another election official position such as Ward Clerk. 17 V.S.A. § 2456. Nor may the candidate's spouse, parent or child serve to deliver absentee ballots to ill or physically disabled voters when the candidate is disqualified from serving as an election official. 17 V.S.A. § 2538. Whenever possible, the best practice is to avoid even the suggestion of a lack of impartiality. So, even if a candidate can serve as an election official, do not have the candidates count ballots for the office that they are seeking. The standards of voters are often higher than the standards of the law, and while you are obliged only to follow the law, a little prudence goes a long way.

Election officials look to the Presiding Officer for assignments of their hours and duties at the polls. 17 V.S.A. § 2455. The compensation, if any, of those who deliver absentee ballots is established by the BCA and paid by the town. 17 V.S.A. § 2538(a). Compensation of other election assistants, if any, is determined by the electorate at town meeting, as part of the normal budget process, or in lieu of that express vote, by the Selectboard. Many towns pay minimum wage to election assistants while other towns ask for volunteer service from their workers.

Voters absent from the polls due to illness or physical disability have a right to personal delivery of their ballots. The BCA designates pairs of Justices, at least three days before the election, with actual work assignments made by the Town Clerk. Justices of the Peace or, if there are an insufficient number of Justices available, others appointed from a list provided by the chairs of the major political parties in the municipality, must work in pairs during the delivery process. No pairs shall consist of two Justices from the same political party. Delivery may begin the day before and continue through election day, but no ballots may be counted that are not returned to the polls before the close of the polls on election day. 17 V.S.A. § 2538(a) and (b).

Once the Justices have reached an absentee voter, they present the ballot(s) and envelopes to the voter, who may then vote alone or in the presence of the Justices. An absentee voter who is blind or physically unable to mark the ballot may request that one of the Justices mark the ballots in full view of the other Justice. 17 V.S.A.§ 2538(c). The voter then places the ballots in the appropriate envelope(s) and completes the certificate on the front of the voted ballot envelope.

The Justices return the ballots and envelopes to the polls where the voter would have voted in person if able (or to the Town Clerk, if done on any of the days immediately preceding the day of election). 17 V.S.A. §§ 2538 and 2545. The election officials then examine the checklist and ensure that the absentee voter is qualified to vote, has not already voted in person and has properly completed the certificate on the envelope. If all is in order, the election officials mark the voter's name on the entrance and exit checklists (if there is one) as having voted absentee, open the envelope and without unfolding the ballots deposit them in the appropriate ballot box. 17 V.S.A. § 2546. If they determine that the voter has already voted in person, has not completed the certificate properly or is not qualified to vote, they must mark the ballots in their envelope as spoiled and give them to the Presiding Officer. In the Primary, if the voter has not returned the unvoted ballots along with the voted ballot, the whole package should be labeled "defective", returned to the Presiding Officer and not counted as valid ballots. 17 V.S.A. § 2547.

Before entering the guardrail, the voter states his name and, if requested, place of residence in a clear and audible tone of voice to the official marking the entrance checklist. The voter may also present his name in writing, or otherwise provide appropriate documentation as to identity. The election officials attending the entrance checklist then verify the person's name is on the checklist. If the name appears, and the name is not immediately challenged, election officials must repeat the voter's name aloud, place a check mark next to the name, and admit the voter within the guardrail for the purpose of voting. 17 V.S.A. § 2563.

The voter is then handed ballots by an election official, who is available to answer questions on the process of voting. 17 V.S.A. § 2565. Without leaving the polling place, the voter enters the booth to vote. Each voter has a maximum of five minutes in the booth if anyone is waiting, although this provision should be liberally construed. 17 V.S.A. § 2566. If the voter spoils a ballot, additional ballots may be provided, up to three in number. Voters who do not use their ballots must return them to the Presiding Officer. Spoiled and unused ballots must be immediately canceled and, together with those originally delivered to the Presiding Officer which remain undistributed to voters by the end of the day, returned to the Town Clerk for disposition in accordance with 17 V.S.A. § 2590.

A voter who declares he cannot read or write, or by reason of physical or mental disability cannot mark his ballot or use a voting machine, is entitled to the assistance of two election officials or to the assistance of any person of his choice in the voting booth to mark his ballot (but not the employer or labor union official of the requesting voter). 17 V.S.A. § 2569.

No ballot shall be taken from the polling place by any person or official, except by two election officials to the automobile of a voter who is ill or physically disabled. 17 V.S.A. § 2502.

In the Primary, each voter must separate all sections of the Primary ballot, whether voted or unvoted, and fold each section separately. The voter then goes to the exit checklist, if any, and has his name checked off, before delivering the unvoted ballots to an election official for deposit in the unvoted ballot box. The voter then deposits her own ballots in the voted ballot box. In the General, the voter folds the ballots, is checked off the exit checklist, if any, and deposits the ballots in the appropriate boxes before leaving the polling place. 17 V.S.A. §§ 2570 and 2571.

Representatives of political parties, candidates and political party committees have a right to be present in the polling place outside the guardrail in a position to hear the name of each voter at the entrance checklist table. These pollwatchers can challenge a voter's right to vote for only two reasons: 1.) Challenging the person’s identity (voter is not person he/she is claiming to be) or 2.) the voter has already voted. 17 V.S.A. § 2564. In polling places with 500 or fewer names on the checklist, if a written request was presented at least twelve hours before the polls opened, these same groups also have a right to view the checklist twice during the day of election at times convenient to election officials. 17 V.S.A. § 2572.

D. After the polls close

At 7:00 p.m. sharp, the Presiding Officer must announce loudly that the polls are closed. Voters that are already waiting in line to check in or to vote have a right to complete the voting process. An election official should stand at the end of the line to ensure that no one enters the line after the announcement closing the polls. While candidates and interested citizens may remain in the polling place to view the counting process, the Presiding Officer must prevent all persons who are not election officials from entering within the guardrail until all the votes have been cast, counted and the ballots secured. If the ballots are to be counted in a different room, the Presiding Officer needs to designate an area in that room so that interested citizens can view the counting process but cannot interfere with the orderly count and return of ballots.

17 V.S.A. § 2581.

The Presiding Officer directs all ballot counting procedures. Ballots must be counted at the polling places where they are cast in the Primary and General Election. 17 V.S.A. § 2582.

First, the checklists are examined. The number of voters checked are tallied on each checklist and the tallies recorded by the Presiding Officer, who is also responsible for preparing a statement listing any discrepancies between the checklists. The statement must list names that are checked off on only one checklist and other details or explanations for the discrepancies. The checklists must be clearly marked "entrance" and "exit." 17 V.S.A. §§ 2582 and 2583. The exit checklist, if any, should be placed with the statement of discrepancies in the ballot bag. The Clerk must keep the entrance checklist to make copies at cost upon request. If the BCA has voted to dispense with the exit checklist, the entrance checklist must still be kept out of the bag for copies. 17 V.S.A. § 2507. If there is no exit checklist, alternative material that is used to provide equivalent security must be stored in the ballot bag. The alternative material must include the number of persons checked on the checklist as having voted, and any discrepancies between that number and the number of ballots voted.

Ballot counting is next. The Presiding Officer opens the ballot boxes and distributes the ballots to the election officials in approximately equal numbers. (We generally suggest sets of 50 ballots, but some presiding officers prefer 25 or 100.) No pair of election officials should consist of two Justices from the same political party. Once ballots are distributed, that pair of election officials retain custody of those ballots until counting is done. After counting, the pair of officials turns in the ballots with the tally sheet to the presiding officer so that the count can be added to the summary sheet. If more than one kind of ballot is used at the election, only one kind at a time should be distributed for counting purposes. 17 V.S.A. § 2584.

The counting of ballots can be a challenging and at times confusing experience for everyone involved. All of the statutory rules for counting ballots are explained in 17 V.S.A. § 2587. We summarize the rules here but suggest that you also have a copy of the law at the polling place. We also provide some illustrations of various rules at the end of this section for reference.

In counting ballots, election officials must be guided by the intent of the voter, as expressed by the markings on the ballot. If it is impossible to determine the voter's intent for any office, the ballot must be counted as blank or spoiled for that office. This determination does not spoil the entire ballot as the vote for each office is reviewed independently. If the pair of election officials cannot agree or have doubt about the intent of a voter or any question about a ballot, they notify the Presiding Officer, who then presents the question of the intent of the voter to the assembled election officials. The decision about the intent of the voter marking the ballot is made by majority vote of the election officials who are present. 17 V.S.A. § 2587(a).

If the voter marks more names than there are persons to be elected to an office, his ballot shall not be counted for that office, but shall be counted for all other properly marked offices. If a candidate receives more than one vote for the same office on any ballot, the candidate shall receive one vote only for that office. 17 V.S.A. § 2587(b).

If by majority vote of the BCA it is determined that any mark was made on a ballot for the purpose of allowing the ballot to be identified and the vote traced, the entire ballot must be marked spoiled. 17 V.S.A. § 2587(d).

Vermont law permits the voter to affix a sticker or label bearing a candidate’s name to the ballot for write-in candidates. The act of writing in a name or attaching a sticker or label bearing a candidate's name must be counted as a vote for that candidate, even though there is no "x" in the accompanying box. 17 V.S.A. § 2587(e).

In counting votes for Justices of the Peace, when the same number of candidates has been nominated as there are Justices to be elected, the Presiding Officer may declare the entire slate of candidates elected without the need for individual tallies, so long as each person on the slate has more votes than the largest number of write-ins for any one candidate. 17 V.S.A. § 2587(f).

The following illustrations are offered to help explain the rules for determining a voter's intent:

Example 1: The voter tried to vote twice for the same office, although the instructions clearly say, "Vote for not more than ONE." Don't count this as a vote. Make a check in the SPOILED column.

Vote for not more than ONE

Morton Main [ ]

Dee Fault [ ]

Example 2: Here the voter made no marks at all. Make a check in the BLANK column.

Vote for not more than ONE:

Morton Main [ ]

Dee Fault [ ]

Example 3: Only one vote should be tallied for this ballot. Add one mark to the

BLANK column.

Vote for not more than TWO:

Morton Main [ ]

Dee Fault [ ]

Example 4: Is the voter's intent clear? You may well agree it is in this case. If in doubt, put it to a vote of the election officials.

Vote for not more than TWO:

Morton Main [ ]

Dee Fault [ ]

Example 5: Same here. If the "x" isn't clearly a vote for a candidate, it’s SPOILED.

Vote for not more than ONE

Morton Main [ ]

Dee Fault [ ]

Example 6: Clearly a SPOILED vote

for this office. The intent just isn't clear.

Vote for not more than ONE

Morton Main [ ]

Dee Fault [ ]

Example 7: No "x" in the write-in box, but the voter has expressed an intent to vote for a candidate by writing in the name of Pam Whist. Count it as a vote for Whist.

Vote for not more than ONE:

Morton Main [ ]

______ Write-in [ ]

Example 8: Clearly a vote for the write-in candidate.

Vote for not more than ONE:

Morton Main [ ]

_______ Write-in [ ]

Example 9: SPOILED. Unless there's a real person by that name, don’t count the vote. Madonna’s name should be counted, even if she could not serve if elected.

Vote for not more than ONE:

Morton Main [ ]

_______ Write-in [ ]

Example 10: SPOILED. No write-in candidate is indicated.

Vote for not more than ONE:

Morton Main [ ]

________ Write-in [ ]

Example 11: Close. Might go either way, depending on how the counters rule on the attempted erasure.

Vote for not more than ONE

Morton Main [ ]

Dee Fault [ ]

Example 12: Close. It may be spoiled; it may be a valid vote depending upon the views of the election officials present.

Vote for not more than ONE

Morton Main [ ]

Dee Fault [ ]

Example 13: SPOILED ballot. Do not count. It shows an obvious attempt to have the ballot identified. Note the reason for the rejection and attach to the ballot.

Vote for not more than ONE

Morton Main [ ]

Dee Fault [ ]

Remember, if the pair of election officials cannot agree as to the intent of the voter, the majority of the election officials present makes the final decision regarding the intent of the voter in marking the ballot.

When each kind of ballot has been completely counted, each pair of election officials must securely bind the ballots they have counted with one copy of the tally sheet. On a separate piece of paper, indicate the number of ballots in the packet and the names of those who counted them, as "100 ballots counted by Mary Smith and John Johnson." 17 V.S.A. § 2589. The packets are returned to the Presiding Officer for securing and storage. When all tallies are completed and the Presiding Officer has collected all of the packets of ballots, the majority of the election officials have completed their tasks. The only remaining work is for the Presiding Officer and one election official to complete the Summary Sheets and the Official Return of Votes. (See Chapter I, for details.)

6. Candidates

If you intend to be a candidate in the 2002 Primary and General Elections, this chapter is for you. Full details on campaign finance are found in a separate publication, the Vermont Campaign Finance Guide, available without charge from the Office of the Secretary of State.

The Primary Election is a method of nomination that major parties use to select candidates to be placed on the ballot in the General Election. In 2002, candidates of the Democratic, Progressive and Republican parties seeking to have their names printed on the Primary ballot must file petitions with the appropriate filing officer not later than 5:00 p.m. on Monday, July 15. Petition and filing requirements are set forth in 17 V.S.A. §§ 2355 and 2356:

County Officers 100 signatures with the County Clerk;

(Probate Judge, Assistant Judges, State’s

Attorney, Sheriff, and High Bailiff);

State Senate 100 signatures with the Senatorial

District Clerk;

U.S. Senator, U.S. Representative, Governor,

Lieutenant Governor, State Treasurer,

Secretary of State, Auditor of Accounts and

Attorney General, 500 signatures with the Secretary of State.

Justices of the Peace do not run in the Primary. (See Chapter 1 for discussion of JP nominations.)

Representative District Clerks are listed in Appendix A. Senatorial District Clerks are listed in Appendix B. County Clerks are listed in Appendix C.

Candidates may not be printed on the Primary ballot for more than one party for the same office in one election. 17 V.S.A. § 2353.

With the petition, candidates must submit a consent form giving the correct spelling for how the name will be printed on the ballot, the candidate's town of residence and correct mailing address. Without this consent form, no person's name will appear on the ballot. (Nicknames can be included, but Titles will not be printed on the ballot. This means that Rick "Speedy" Harris can be submitted, but Dr. Samuel Jones cannot be used.) Copies of nomination petitions and consent forms are available in Clerks' offices or from the Secretary of State. The law was amended effective July 1, 2002 and consent forms are now due on the deadline for filing petitions. 17 V.S.A. § 2361.

Any number of voters may sign the same petition. At the time of signing, the voter must be registered and qualified to vote for the candidate whose petition he signs. (Printed name and town of residence must be on petition.) A voter may not sign more than one petition for the same office in the Primary, unless more than one nomination is to be made (as in a two-seat Representative District). Signing a petition does not require a signer to vote for that candidate on election day. 17 V.S.A. § 2354.

For Primary petitions, the Clerk needs only to determine that the petition contains enough legible signatures to qualify for nomination. A name-by-name check of the petition, comparing the names with certified copies of the checklist provided by the various Town Clerks within the district or county, is no longer required. 17 V.S.A. § 2358(a). If a Clerk has reason to believe that there are not enough valid signatures of actual voters, or if there is an obvious forgery, a full review is required. If requested, Town Clerks are obliged to send copies of the current checklist promptly and without charge at the request of any Representative District, Senatorial District and County Clerk. 17 V.S.A. § 2358(c). Candidates are encouraged to submit petitions at any time before July 15, and the law requires that Clerks must review those petitions within 72 hours of receipt. 17 V.S.A. § 2358.

No notice is required to candidates of conforming petitions. As soon as you have determined that the petition conforms, fax a copy of the consent form to the Secretary of State. If you do not receive the consent form on July 15^th, you must reject the petition.

Candidates with nonconforming petitions must resubmit corrected petitions before 5:00 p.m. on Thursday, July 25, with the Clerk. Within two days of receipt of corrected petitions, the Clerk is again required to notify the Secretary of State of that fact. 17 V.S.A. § 2359. The deadlines for printing are so tight, however, that we would like to know the names of all candidates who have filed petitions, including those who have had petitions returned to them, as soon as possible.

B. Primary Election Results

Candidates receiving a plurality (the greatest number) of all the votes cast by the party in the Primary shall be declared the party's candidate for that particular office, with one exception for write-in candidates. 17 V.S.A. § 2369. If no candidate’s name is printed on a party ballot for a particular office, a write-in candidate must receive at least one-half of the number of votes required for the Primary petition for that office in order to be declared the winner. Therefore, if no candidate name is printed on the ballot for the office, a write in candidate must receive at least 25 votes for State Representative, 50 votes for State Senate, or 250 votes for congressional and statewide offices. If at least one candidate name was printed on a party ballot for an office, a write-in candidate receiving a plurality will be declared the party’s candidate without any special number of votes required. 17 V.S.A. § 2370.

The various canvassing committees meet following the election to certify nominations, send certificates of nomination to all winners in the Primaries, and send a copy of the canvassing report and certificates to the Secretary of State. 17 V.S.A. §§ 2368, 2369 and 2371. Unless a candidate formally withdraws, the name, residence, and party affiliation on the certificate will be printed on the General Election ballot. If a candidate discovers an error on the certificate of nomination, the candidate must notify the Secretary of State within five days of receipt to have it corrected. 17 V.S.A. § 2371.

Some candidates may be nominated or otherwise qualified to have their names printed on the General Election ballot by means other than the Primary. These include candidates for Justice of the Peace; candidates nominated by party committee when a major party has failed to nominate by Primary or where the duly nominated candidate has withdrawn, died or been removed; candidates nominated by duly organized minor parties; and independent candidates. Independent candidates use a statement of nomination or petition process that is discussed below.

1. Justice of the Peace

Justices of the Peace are nominated by party caucus or, failing that, by party committee of the major parties (Republican, Progressive and Democratic) or organized minor parties

17 V.S.A. §§ 2413 and 2382. To run as an Independent, a candidate files a statement of nomination, or petition, containing thirty signatures or the signatures of one percent of the legal voters of the municipality, whichever is less. The signatures on the petition must be verified by the town clerk prior to submission or the petition is defective. The petitions, along with a consent form, must be filed with the Town Clerk by Friday, September 13. Nomination statements for Justice of the Peace from local parties must also be received by Town Clerks by September 13. 17 V.S.A. § 2386. Copies of the form for this statement are provided by the Secretary of State, or may be copied from 17 V.S.A. § 2385. The chair and secretary of the local political party must sign the statement of nomination. A copy of the notice that was sent to all committee members must be filed with the statement.

When Justice of the Peace candidates are nominated by party caucus or party committee, consent forms are not required; however, party officials must have confirmed the consent of each candidate to have his or her name printed on the ballot and to serve before filing the statements of nomination. Given the occasional unwillingness of Justices to appear at Board of Civil Authority meetings, party officials should take this responsibility very seriously before signing the nomination statement.

Candidates for Justice of the Peace may withdraw from nomination by September 19, by filing a written notice of withdrawal with the Town Clerk. Clerks should publicly announce the printing deadline for Justice of the Peace ballots by posting a written notice in the town office. 17 V.S.A. § 2412. September 19 is also the deadline for filing nomination statements for candidates who replace those who have withdrawn. The Clerk may accept no statements after September 19.

In the rare case that a candidate for Justice of the Peace has been nominated by more than one major party, the candidate must elect which party or parties he or she will represent by contacting the Secretary of State and the Town Clerk by October 2. 17 V.S.A. § 2474(a). However, due to the requirement that all ballots be printed and delivered to the Town Clerks by October 7, candidates are strongly encouraged to make this decision as soon after the nomination as possible.

If a candidate dies, or withdraws before the deadline for filing, the party committee can file a statement with the name of a replacement. The Clerk must reprint Justice of the Peace ballots and destroy the originals, except those already supplied to absentee voters. 17 V.S.A. § 2475.

2. Major party fails to nominate a candidate in the Primary election, or candidate withdraws or dies.

When a major party fails to nominate a candidate for an office by the Primary, the party may nominate a candidate for an office by caucus. Nominations for state or congressional office are made by the state committee; county office by the county committee; State Senate by the senatorial district committee; and State Representative by the representative district committee. 17 V.S.A. § 2382. The chair of the committee, or if the chair fails to act, any three members of the committee, must send a written notice stating the offices for which nominations are to be made to each committee member at least five days in advance of the meeting. 17 V.S.A. § 2383.

Nomination requires a majority vote of those present and voting, and if no candidate has received a majority after two ballots, the candidate with the lowest number of votes in the second and in each succeeding ballot is eliminated until a candidate receives a majority.

17 V.S.A. § 2384. The chair and the secretary of the committee file a signed statement of nomination with the Secretary of State. 17 V.S.A. § 2385(a). Each candidate nominated must also file a consent form. 17 V.S.A. § 2385(d). Statements of nomination and consent forms must be filed with the Secretary of State by 5:00 p.m. on September 13.

17 V.S.A. §§ 2386, 2387.

In the case of death, withdrawal or removal of a candidate of a major political party nominated by the Primary, the discussion above governing Justices of the Peace in the same situation should be followed, except they must file with the Secretary of State and not the Town Clerk.

3. Nominations of candidates by Minor Parties

Minor parties certified by the Secretary of State for 2002 are Constitution, Libertarian, Liberty Union, and Vermont Grassroots. Minor parties nominate their candidates for the General Election in the same manner as major political parties who have failed to nominate by Primary. (See §2. above.) 17 V.S.A. § 2381(b). Statements of nomination and consent forms must be filed with the Secretary of State by 5:00 p.m. on September 13. 17 V.S.A. §§ 2386, 2387.

Independent candidates must file statements of nomination, or petitions, in order to be placed on the General Election ballot. The statement is similar to a petition for nomination in the Primary, except the number of valid signatures required for independent candidates is different for statewide officers and the signatures on the petition must be verified by Town Clerks prior to submission of the petition. Effective July 1, 2002 the law will require independent candidates to submit 250 signatures for statewide and congressional office, 100 signatures for county offices, 100 signatures for State Senator and 50 signatures for State Representative. A voter may not sign more than one statement of nomination for an Independent for the same office, unless there is more than one seat in the district at stake. 17 V.S.A. §§ 2402, 2403. However, a person who has signed a petition for a candidate for an office for the Primary, can sign another petition for the same candidate as an independent, if the candidate lost the Primary, or for a different independent candidate. (The Primary and General are considered different elections for purpose of signing petitions.)

The independent candidate must present her petitions to the Town Clerks for the town of residence of each signer of the petition so that the Clerks can verify that the signer is a registered voter in the listed town before submitting the petitions to the Secretary of State. Only those names certified by Town Clerks to be registered voters of the town count toward the required number of signatures. 17 V.S.A. § 2402(c). Statements of nomination and consent forms for independent candidates must be filed with the Secretary of State by 5 p.m. on Friday,

September 13, 2002. 17 V.S.A. §§ 2386, 2387.

An independent candidate will have his name printed on the General Election ballot with the word "Independent" next to the name, unless the statement specifies a party name. The party name (three words or less) may not include the word "Independent". The name chosen must be substantially different from the name of any organized political party and from any other political or other name already appearing on any other statement of nomination for the same office then on file with the Secretary of State. 17 V.S.A. §§ 2402, 2403 and 2472(b). A statement of nomination must contain the name of only one candidate, except that statements for U.S. President may contain the name of the Vice Presidential running mate. 17 V.S.A. § 2403.

Any candidate has a right to withdraw his or her candidacy before 5:00 p.m. on

September 13, by filing a notice of withdrawal with the Secretary of State. (Justices of the Peace file withdrawal with the Town Clerk.) After that date, if a candidate files a written notice of withdrawal, the Town Clerk or the Secretary of State may still remove the candidate's name from the ballot until the printing deadline, which must be publicly announced ahead of time.

17 V.S.A. § 2412.

Persons nominated for the same office by more than one political party may elect the party or parties in which he or she will be a candidate, by filing a written statement to that effect with the Secretary of State no later than 5:00 p.m. on Monday, October 3. Candidates should expect to receive a phone call from the Secretary of State's Office asking for an early decision, so that we can prepare the General Election ballots in time for delivery on October 7. Candidates for Justice of the Peace follow the same process, except they must file the statement with the Town Clerk.

The first party designated will be the first party printed on the ballot after the candidate's name and will count in statewide races toward major party status. If a candidate does not file the statement, the Secretary of State or Town Clerk is required to designate by lot the party to be printed immediately after the candidate's name. 17 V.S.A. § 2474.

The Presiding Officer must ensure that voters can enter and leave the polling place without interference. 17 V.S.A. § 2508. The statute does not provide a specific distance that campaigners must be from the polling place. The statute provides that no candidate or other person "may physically interfere with the progress of a voter to or from the polling place." The Presiding Officer can use discretion and establish a reasonable interpretation of the statute for each polling place. For example, a Presiding Officer can ask campaigners not to block the stairs, or walkways or to stand in particular places next to the walkways. However, a campaigner may be able to challenge the interpretation of the Presiding Officer, if the interpretation unreasonably restricts first amendment rights to present information to voters. The key is to develop an interpretation that will prevent interference with voters but still allow campaigners to put out a message.

The law has been amended effective July 1, 2002 to allow the Presiding Officer to control the placement of signs on the property where the polling place is located on election day. While a Presiding Officer could decide to ban signs from being affixed to the building or placed in the ground on the property containing the polling place, a person has a first amendment right to stand with a sign outside the polling place so long as he or she is not hindering the progress of voters. Likewise, if a car is legally parked outside a polling place, and happens to contain a political sign, the Presiding Officer cannot order the car to move. However, there should be designated handicapped parking spots outside a polling place, and no person should be permitted to remain in a handicapped parking place for longer than the time needed to vote.

Within the building containing a polling place, the Presiding Officer must make sure that no campaign literature, stickers, buttons, name stamps, information on write-in candidates or other political materials are placed, handed out or allowed to remain. When people enter the polling place wearing buttons, election officials can politely ask them to remove the buttons during the voting process. However, a voter may bring a small paper to remind the voter how he wants to vote, or a label or sticker to affix it to the ballot to vote for a write-in candidate so long as the voter is not displaying his paper or label to others in the room. 17 V.S.A. § 2587(e). Within the building, the Presiding Officer is also responsible for ensuring that no candidate, election official or other person distributes election materials, solicits voters or otherwise campaigns.

17 V.S.A. § 2508. It is wise to ask one election worker per shift to try to check the polling booths regularly to make sure that no political materials have been left inside the booths.

The issue of how, when and where campaign signs can be placed in a town other than at the polling place on election day is an issue that must be decided by the owner of the property in accordance with any lawfully adopted zoning bylaw regulations or lawfully adopted sign ordinance. If you receive questions from candidates, you should refer them to the zoning administrator, if your town has a zoning bylaw, or to the Selectboard if your town has a sign ordinance. There are also rules promulgated by the State Agency of Transportation that give details for placement of signs along state highways, which include that the signs must be outside of the right of way of the highway.

At the entrance checklist, political parties, candidates and political committees have a right to challenge a voter's right to vote on the grounds that a voter has already voted in the same election or that the voter is not, in fact, the person whose name appears on the checklist.

17 V.S.A. § 2564. These are the only two reasons that can be used to challenge on election day. If a voter is challenged, the Board of Civil Authority must then convene immediately to informally hear the facts and rule on the matter. 17 V.S.A. § 2564.

While pollwatchers may observe the voting process and have a right to hear names as voters enter to vote, candidates, political parties, or political committees do not have the right to set up their own tables and require voters to stop and give their names. This is beyond what the statute permits. We suggest that any interested persons contact the Town Clerk in advance of election day to discuss activities so that pollwatchers can perform permitted activities without interfering with the voting process.

In polling places with 500 or fewer names on the checklist, these same groups also have a right to view the checklist, at times convenient to election officials, if prior written requests are made at least twelve hours before the polls open, twice during the day of election.

17 V.S.A. § 2572.

In the 30 days preceding an election, candidates may request a copy of the checklist from the Town Clerk, who must provide a copy at cost. The Town Clerk must provide a copy to the chair of each political party in the town free of charge. 17 V.S.A. § 2141.

Once the polls have closed, the Presiding Officer must prevent persons who are not election officials from entering within the guardrail until all the votes have been counted and ballots secured. Pollwatchers or interested persons must be able to view, but not interfere with the counting process. If a different room is used for counting ballots, persons who are not election officials must be allowed in a designated area in the room, so that they can view, but not interfere with, the counting process. 17 V.S.A. § 2581.

A candidate who receives a plurality of all the votes cast by a party in the Primary is declared the winner and issued a certificate of nomination by the canvassing committee. If two or more candidates of the same party for the same office are tied, the decision on which candidate will be the party's nominee in the General Election is made in different ways, depending on the office.

When the tie is for a state or congressional office, the state committee of the party makes the decision, after five days' notice. For State Senator and State Representative, a run-off election must be held on Tuesday, September 24, 2002. 17 V.S.A. § 2369.

In the General Election, the canvassing committees shall declare the person receiving the largest number of votes for each office to be elected, and prepare certificates of election. 17 V.S.A. § 2592(h). For Governor, Lieutenant Governor, Treasurer, Secretary of State, and Auditor of Accounts, the prepared certificates shall be presented to the official canvassing committee appointed by the General Assembly. Vermont Constitution, Chapter II, section 47. For all other offices, the canvassing committees shall send the certificates to the person elected. 17 V.S.A. § 2592.

In the General Election, in the case of a tie vote, the appropriate canvassing committee shall petition the appropriate Superior Court for a recount. 17 V.S.A. § 2592(l). The recounts shall be conducted as outlined in 17 V.S.A. § 2602 et seq.

In either the Primary or General Election, if the difference between a winning candidate and a losing candidate is less than five percent of the total votes cast for all the candidates for the office, divided by the number of persons to be elected, the losing candidate has the right to request a recount. 17 V.S.A. § 2601. The process of petitioning for a recount is found in

17 V.S.A. § 2602 and the procedures for recount are in 17 V.S.A. § 2602a et seq.

Any legal voter entitled to vote for a candidate for an office may also contest an election by filing a complaint with the Superior Court. See 17 V.S.A. § 2603 for criteria and procedures.

Candidates for State Representative, an elected town officer in the Representative District, or 25 voters of the District, may request that the House of Representatives exercise its constitutional authority to judge the elections and qualifications of its own members by filing a written request with the Secretary of State within statutory time frames. The process is found in

17 V.S.A. § 2605. A candidate for State Senate or 100 voters of the District may similarly request the Vermont Senate to exercise its right to judge the elections and qualifications of its members, within the time frames and by the process set out in 17 V.S.A. § 2606.