VERMONT SECRETARY OF STATE - Deborah L. Markowitz

Divisions:

Vermont Election Laws

Published June 2008, Office of the Secretary of State, Deborah L. Markowitz
(Revised May 26, 2010)
(Updated with the changes from the 2009 Legislative Session that were effective July 1, 2009 and the changes from the 2010 Legislative Session that are in effect now.)

FOREWORD

We are pleased to provide you this convenient book containing Vermont's basic election law. This includes all of Title 17 of the Vermont Statutes Annotated. Note that there may be specific provisions of titles 16, 20 and 24 that also relate to Vermont's elections, which you should be sure to look at as necessary.

Please note that all of Vermont's cities, and many of the larger towns, also have municipal governance charters that may have provisions that differ from and supersede the laws included in this book. If your municipality has a governance charter it should be consulted alongside these general election laws. Wherever possible the two sets of laws should be read in conjunction with one and the other; however, where the laws may conflict, the provisions of the municipal charter will generally govern.

Our election laws are constantly being revised by the Vermont Legislature. This booklet is up to date through the 2009 legislative session. As the legislature makes further changes to our laws we will make available updates to this booklet. If you have questions or suggestions about how to improve this publication - or Vermont's Election laws - feel free to call Elections Director Kathy DeWolfe, or myself at 802-828-2363. We can also be contacted by email or by writing the Office of the Secretary of State, 26 Terrace Street, Montpelier, VT 05609-1101.

Deborah L. Markowitz

Secretary of State

TITLE SEVENTEEN

ELECTIONS

TABLE OF CONTENTS

SECTION

CHAPTER 31. CONVENTIONS TO AMEND U.S. CONSTITUTION

1811. Governor to Call

1812. Composition of Convention

1813. Election of Delegates

1814. Appointment of Candidates for Delegates

1815. Acceptance of Candidacy

1816. Form of Ballot

1817. Endorsement of Ballots

1818. Checklist to Be Used

1819. Canvassing Board

1820. General Election Law to Apply; Expense of Election

1821. Construction of Chapter

1822. Filling Vacancies

1823. Quorum; Secretary

1824. Compensation

1825. Effect of Congressional Prescription of the Manner of Holding Conventions

CHAPTER 32. PUBLICATION AND RATIFICATION OF ARTICLES OF

AMENDMENT TO VERMONT CONSTITUTION

Subchapter 1. Interim Publication

1840. Interim Publication

Subchapter 2. Ratification

1841. Constitutional Requirements

1842. Time of Voting, Warning

1843. Process of Voting, Making Returns, Conduct of Meetings.

1844. Publication in Newspapers; Ballots

1845. Qualifications of Voters; Checklists, Booths, Clerks

1845a. Qualifications for 1974 Vote

1846. Failure to Post Checklists

1848. Tabulation of Returns, Record of Amendments

1849. Proclamation by Governor

1850. Transmission of Copies of Act and Forms to Clerks

CHAPTER 33. APPORTIONMENT OF STATE SENATORS

1881. Number to be Elected

1881a. Senatorial Districts; Nominations and Election

CHAPTER 34. APPORTIONMENT OF STATE REPRESENTATIVES

1891. Statement of Policy

1891a. Definitions

1892. House of Representatives Membership

1893. Initial Division

1893a. Subdivision of Initial Districts

CHAPTER 34A. PERIODIC REAPPORTIONMENT

1901. Purpose

1902. Definitions

1903. Periodic Reapportionment; Standards

1904. Legislative Apportionment Board

1905. House Apportionment Tentative Proposal

1906. Initial Districts; Final Proposal; Final Plan

1906a. Final Division Into Representative Districts

1906b. Division of TwoMember Representative Districts

1906c. Division of Districts Having Three or More Representatives

1907. Senate Apportionment

1908. Powers of Board

1909. Review

CHAPTER 35. OFFENSES AGAINST THE PURITY OF ELECTIONS

Subchapter 1. Penalties Upon Officers

1931. Presiding Officer Receiving Illegal Vote

1932. Counting and Turning Ballot Boxes Before Proper Time

1933. Nonperformance of Duty By Public Officer

Subchapter 2. Penalties Upon Voters

1971. Casting More Than One Ballot

1972. Showing Ballot; Interference with Voter

1973. Voting in More Than One Place

1974. Voter Omitted From List, Voting in Another Town

Subchapter 3. Miscellaneous

2011. Perjury Before Board Making Checklist

2012. Procuring Change in List Wrongfully

2013. False Answer as to Right to Vote

2014. Unqualified Person Voting

2015. Fraudulent Voting

2016. Aiding Unqualified Voter to Vote

2017. Undue Influence

2018. Using Intoxicating Liquor to Influence Votes

2019. Destroying Lists; Hindering Voting

2020. Offenses Applying to Primary Elections

2021. Destroying Certificates of Nomination

CHAPTER 41. PURPOSES, SHORT TITLE, DEFINITIONS

2101. Purposes

2102. Short Title

2103. Definitions

CHAPTER 43. QUALIFICATION AND REGISTRATION OF VOTERS

Subchapter 1. Qualification of Voters

2121. Eligibility of Voters

2122. Residence; Special Cases; Checklist

2123. Residents of Unorganized Towns and Gores

2124. Voter's Oath; How Administered

2125. Intermittent Residence

2126. Village Checklist

Subchapter 2. Registration of Voters

2141. Posting of Checklist

2142. Revision of Checklist

2143. Political Representation on Board of Civil Authority

2144. Deadline for Applications

2144a. Registration

2144b. Additions to Checklist by Town Clerk; Local Option

2145. Application Forms

2145a. Registrations at the Department of Motor Vehicles

2145b. Voter Registration Agencies

2146. Action of Board of Civil Authority

2147. Alteration of Checklist

2148. Appeal from Board of Civil Authority

2149. Conclusiveness of List

2150. Removing Names from Checklist

2151. Federal District Court

2152. Division of Checklist

2153. Birthday Registration Drive

2154. Statewide Voter Checklist

CHAPTER 45. POLITICAL PARTIES

2301. Organization of Major Political Parties

2302. State Chairman to Call Caucus

2303. Town Chairman to Give Notice

2304. Town Caucus

2305. First Meeting of Town Committee

2306. Procedure Upon Failure to Hold Caucus

2307. Certification of Officers and County Committee Delegates

2308. Composition of County Committee

2309. First Meeting of County Committee

2310. Election of State Committee

2311. Certification of County Officers and State Committee Members

2312. First Meeting of the State Committee

2313. Filing of Certificate of Organization

2314. Officers Required

2315. Adoption of Rules and Bylaws

2316. Secret Ballot

2317. Voters Not to Participate in More Than One Party

2318. Organization of Minor Political Parties

2319. Party Conventions for Platforms and Presidential Elections

2320. Delegates to State Platform Convention

CHAPTER 47. PARTY ORGANIZATION

2321. Representative District Committee

2322. Senatorial District Committee

2323. Probate District Committee

CHAPTER 49. NOMINATIONS

Subchapter 1. Primary Elections

2351. Primary Election

2352. Nomination of Candidates Prior to Special Election

2353. Petitions to Place Names on Ballot

2354. Signing Petitions

2355. Number of Signatures Required

2356. Time for Filing Petitions

2357. Place of Filing Petition

2358. Examining Petitions, Supplementary Petitions

2359. Notification to Secretary of State

2360. Preservation of Petitions

2361. Consent of Candidate

2362. Primary Ballots

2363. Separate Party Ballots

2368. Canvassing Committee Meetings

2369. Determining Winner; Tie Votes

2370. WriteIn Candidates

2371. Nominees; Notice to Nominees

Subchapter 2. Nomination by Party Committee

2381. Applicability of Subchapter

2382. Which Committee to Nominate

2383. Notice of Meetings

2384. Procedure Upon Meeting

2385. Statement By Committee Officers; Consent of Candidate

2386. Time for Filing Statements

2387. Place for Filing Statements

Subchapter 3. Independent Candidates

2401. Applicability of Subchapter

2402. Requisites of Statement

2403. Number of Candidates; Party Names

2404. Preservation of Statements

Subchapter 4. Miscellaneous Provisions

2411. Applicability of Other Law

2412. Withdrawal of Candidacy

2413. Nomination of Justices of the Peace

CHAPTER 51. CONDUCT OF ELECTIONS

Subchapter 1. Election Officials

2451. Board of Civil Authority

2452. Presiding Officer

2453. Duties of Presiding Officer

2454. Assistant Election Officers

2455. Duties of Election Officials

2456 Disqualifications

2457 Workshops and Information for Election Officials

2458. Complaint Procedure

Subchapter 2. Ballots

2471. General Election Ballot

2472. Contents

2473. Provisions Relative to Presidential Election

2474. Choice of Party

2475. Death or Withdrawal of Candidate

2477 Blocks of Ballots (Repealed. 2004, No. 94, § 5)

2478. Number of Paper Ballots to be Printed and Furnished

2479. Manner of Distribution

2480. Substitute Ballots

Subchapter 3. Voting Machines

2491. Political Subdivision May Use Voting Machines

2492. Legislative Branch to Obtain Voting Machines

2493. Regulations for Use of Voting Machines

2494. Construction with Other Laws

2495. Form of Ballot

2499. Miscellaneous Requirements for Voting Machines

Subchapter 4. Polling Places

2501. Determining Districts

2502. Location of Polling Places

2504. Voting Booths

2505. Guardrail

2506. Ballot Boxes; Signs for Depositing Ballots

2507. Distribution of Checklists

2508. Campaigning During Polling Hours; Voter Access

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

2521. Warnings and Notices

2522. Sample Ballots and Official Voter Information

2523. Posting at Polling Place on Election Day

Subchapter 6. Early or Absentee Voters

2531. Application for Early or Absentee Voter Ballot

2532. Applications; Form

2532a. Mobile Polling Stations

2533. Notification of Invalid Application

2534. List of Early or Absentee Voters

2535. Form of Early Voter Absentee Ballots and Envelopes

2536. Furnishing Early Voter Absentee Envelopes

2537. Early or Absentee Voting in the Town Clerk's Office

2538. Delivery of Ballots by Justices of the Peace

2539. Mailing of Early Voter Absentee Ballots; Permanently Disabled Voters

2540. Instructions to Be Sent With Ballots

2541. Marking of Ballots

2542. Signing Certificate

2543. Return of Ballots

2545. Receipt of Marked Ballots by Town Clerk; Delivery to Election Officers

2546. Deposit of Early Voter Absentee Ballots in Ballot Box

2547. Defective Ballots

2548. Voting in Person

2549. Use of Federal War Ballot

2550. Early or Absent Voters Deemed "Present and Voting"

2555. Provisional Ballot Envelope

2556. Provisional Voting

2557. Town Clerk Approval of Provisional Voter Attestation

Subchapter 7. Process of Voting

2561. Hours of Voting; Extended Hours

2562. Presiding Officer to Assign Duties to Election Officials

2563. Admitting Voter

2564. Challenges

2565. Delivery of Ballots

2566. Marking Ballots

2567. Registering Votes on Voting Machines

2568. Spoiled and Unused Ballots

2569. Assistance to Voter

2570. Depositing Ballots

2571. Checking Voter's Name Upon Leaving

2572. Viewing of the Checklist

2573. No Counting Before Polls Close

Subchapter 8. Count and Return of Votes

2581. Closing Polls

2582. Presiding Officer to Direct Count; Transporting Ballots

2583. Official Checklist to be Tallied

2584. Opening of Ballot Boxes; Distribution of Ballots

2585. Ballots Not to be Written Upon

2586. Secretary of State to Prepare Forms

2587. Rules for Counting Ballots

2588. Filing Returns

2589. Identifying Ballots

2590. Securing and Storing Ballots, Tally Sheets and Checklists

2591. Return Not Received

2592. Canvassing Committees; Canvass of Votes in General or Special Elections

2593. Participation to be entered on statewide checklist by town clerk

Subchapter 9. Recounts and Contest of Elections

2601. Recounts

2602. Procedure for Recounts

2602a. Appointment of Recount Committee

2602b. Assignment of Duties

2602c. Preparation for Recount

2602d. Examination of Checklists

2602e. Sorting of Ballots

2602f. First Tally

2602g. Second Tally

2602h. Completing the Tally

2602i. Costs

2602j. Other Rules for Conducting the Recount

2602k. After the Recount

2602l. Recounts Using Voting Machines

2603. Contest of Elections

2605. House of Representatives

2606. Senate

2607. Canvassing Committee

Subchapter 10. Jurisdiction of Courts

2616. Jurisdiction to Prosecute Criminal Offenses

2617. Jurisdiction of Superior Courts

CHAPTER 53. VACANCIES

2621. Vacancy in Office of United States Senator or Representative

2622. Interim Appointment of United States Senator

2623. Vacancies in Offices Within This State

CHAPTER 55. LOCAL ELECTIONS

Subchapter 1. Scope

2630. Applicability

2631. Municipal Charter

Subchapter 2. Town Meetings and Local Elections in General

2640. Annual Meetings

2641. Warning and Notice Required; Publication of Warnings

2642. Warning and Notice Contents

2643. Special Meetings

2644. Warnings

2645. Charters, Amendment, Procedure

2646. Town Officers; Qualification; Election

2647. Incompatible Offices

2648. Exceptions

2649. Number of Officers

2650. Additional Selectmen and Listers

2651. Road and Water Commissioners; Appointment, Removal

2651a. Constables; Appointment; Removal

2651b. Elimination of Office of Auditor; Appointment of Public Accountant

2651c. Lack of Elected Lister; Appointment

2652. Road and Water Commissioners

2653. Acceptance of Office

2654. Refusal to Serve

2655. Time of Meeting

2656. Qualification and Registration of Voters

2657. Moderator

2658. Duties

2659. Preservation of Order

2660. Conduct of Election

2661. Reconsideration or Rescission of Vote

2662. Validation of Municipal Meetings

2663. Certificate of Vote

2664. Budget

2665. Notification to Secretary of State

2666. Improper Influence

2667. Access to Annual Meeting

Subchapter 3. Local Elections Using the Australian Ballot System

2680. Australian Ballot System; General

2681. Nominations, Petitions

2681a. Local Election Ballots

2682. Process of Voting; Appointments

2683. Recounts

2684. Time and Place of Recount; Notice

2685. Inspection of Ballots

2686. Declaration of Result

2687. Appeal to Superior Court

2688. Recount on Question Submitted

2689. Preservation of Ballots

CHAPTER 57. PRESIDENTIAL ELECTIONS

Subchapter 1. Presidential Primary

2701. Presidential Primary; Time of Holding

2702. Nominating Petition

2703. Examining Petitions, Supplementary Petitions

2704. Ballots

2705. Checklist

2706. Provisions Applicable

Subchapter 2. Delegates to National Convention; Presidential Nominations

2715. Party Convention to Elect Delegates

2716. Notification to Secretary of State

Subchapter 3. Nomination of Electors

2721. Nomination of Presidential Electors

2722. Certification of Nominees for Electors

Subchapter 4. Meeting of Electors

2731. Certificates of Election

2732. Meeting of Electors

CHAPTER 59. CAMPAIGN FINANCE

Subchapter 1. General Provisions

2801. Definitions

2801a. Exceptions

2802. Checking Account; Treasurer

2803. Campaign Reports; Forms; Filing

2804. Surplus Campaign Funds

2805. Limitations of Contributions

2805a. Campaign Expenditure Limitations; Amounts

2806. Penalties

2806a. Civil Investigation

2807. New Campaign Accounts

2809. Accountability for Related Expenditures

2810. Candidate Information Publication; OnLine Database

2810a. Administration

Subchapter 2. State Candidates; General Assembly; Political Committees; Political Parties

2811. Campaign Reports; Candidates for State Office, the General Assembly,

Political Committees and Political Parties

Subchapter 3. County and Local Candidates

2821. Campaign Reports; County Office Candidates

2822. Campaign Reports; Local Candidates

2823. NonFiling

Subchapter 4. Political Committees; Political Parties
(also Political Committees for Local Elections)

2831. Campaign Reports; Political Committees and Parties

2832. Filing with Federal Election Commission

Subchapter 6. Vermont Campaign Finance Option

2851. Definitions

2852. Filing of Vermont Campaign Finance Affidavit

2853. Vermont Campaign Finance Grants; Conditions

2854. Qualifying Contributions

2855. Vermont Campaign Finance Grants; Amounts; Timing

2856. Vermont Campaign Fund

Subchapter 7. Political Advertisements (Repealed 2005)

2881. Definitions (Repealed 2005)

2882. Identification (Repealed 2005)

2883. Notice of Expenditure (Repealed 2005)

Subchapter 8. Electioneering Communications

2891. Definitions

2892. Identification

2893. Notice of Expenditure

CHAPTER 031: CONVENTIONS TO AMEND U.S. CONSTITUTION

§ 1811. Governor to call

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

§ 1812. Composition of convention

The convention shall be composed of fourteen delegates elected at large by the qualified voters of Vermont. It shall meet in the senate chamber of the capital at Montpelier. The date for the holding of such convention shall be not less than twenty nor more than thirty days after the election of delegates.

§ 1813. Election of delegates

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

§ 1814. Appointment of candidates for delegates

Not less than thirty days before the date of the election of delegates, the governor, the lieutenant governor and the speaker of the house of representatives, or in case of incapacity of any one of them, the secretary of state in his stead, shall appoint and forthwith announce the names of twenty-eight candidates for delegates, such candidates being in their opinion representative citizens of Vermont. Fourteen of these candidates shall be persons who assent to the placing of their names on the ballots as "For Ratification," and fourteen shall be persons who assent to the placing of their names on the ballot as "Against Ratification." One candidate for ratification and one candidate against ratification shall be appointed from each county in the state.

§ 1815. Acceptance of candidacy

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

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

Signed …………………………………………..."

§ 1816. Form of ballot

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

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

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

Instructions

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

Names for Ratification Names Against Ratification
(List of 14 names) (List of 14 names)

The space below is provided for voters who wish to vote for delegates other than those whose names appear in the two adjourning columns.

Write-Ins
(14 lines for voters to write in names of candidates.)

§ 1817. Endorsement of ballots

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

§ 1818. Checklist to be used

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

§ 1819. Canvassing board

The lieutenant governor, the speaker of the house of representatives and the secretary of state shall canvass the ballots, declaring elected the fourteen candidates who have received the greatest number of votes and the secretary of state shall publish the results. The secretary of state, upon the completion of the canvass, shall mail or deliver in person to each delegate so elected a notice thereof and such delegates so elected shall be members of the convention.

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

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

§ 1821. Construction of chapter

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

§ 1822. Filling vacancies

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

§ 1823. Quorum; secretary

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

§ 1824. Compensation

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

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

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

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

Subchapter I.

Interim Publication

§ 1840. Interim publication

Within 90 days following adjournment without day of any session of the general assembly in which articles of amendment to the constitution have been proposed by the senate and concurred in by the house, the secretary of state shall prepare copies of the proposal or proposals of amendment and forward them, with a summary of proposed changes, for publication to the principal daily newspapers published in the state, as determined by the secretary of state; and the proposal or proposals shall be so published once each week for three successive weeks in each of the papers at the expense of the state. (Added 1971, No. 211 (Adj. Sess.), § 2, eff. April 3, 1972; amended 1981, No. 239 (Adj. Sess.), § 32.)

Subchapter II.

Ratification

§ 1841. Constitutional requirements,

Amendments to the constitution, having been proposed by the general assembly, published, and concurred in by the succeeding general assembly as required by section 72 of chapter 2 of the Constitution, shall be submitted to the people of the state for their ratification and adoption in the manner provided in this chapter. (Added 1971, No. 211 (Adj. Sess.), § 2, eff. April 3, 1972.)

§ 1842. Time of voting, warning

(a) The people shall be assembled for the purpose of voting on the article of amendment in their respective towns and cities at the same time and place as for the general election, on the first Tuesday after the first Monday in November, in even-numbered years, and the warning for each meeting shall contain an article, in substance as follows:

"To see if the freemen will vote to accept or reject the proposed article of amendment to the Constitution of Vermont."

(b) The omission of that article from the warning shall not invalidate nor affect the vote on the proposed article of amendment, and the freemen of each town or city shall vote on the article of amendment whether the warning contains the foregoing article or not. (Added 1971, No. 211 (Adj. Sess.), § 2, eff. April 3, 1972; amended 1981, No. 239 (Adj. Sess.), § 33.)

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

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

§ 1844. Publication in newspapers; ballots

The secretary of state shall between September 25 and October 1 in any year in which a vote on ratification of an article of amendment is taken, prepare copies of the proposal of amendment and forward them, with a summary of proposed changes, for publication to the principal daily newspapers published in the state, as determined by the secretary of state; and the proposal shall be so published once each week for three successive weeks in each of the papers at the expense of the state. He shall cause ballots to be prepared for a vote by the freemen upon the proposal of amendment. (Added 1971, No. 211 (Adj. Sess.), § 2, eff. April 3, 1972; amended 1981, No. 239 (Adj. Sess.), § 35.)

§ 1845. Qualifications of voters; checklists, booths, clerks

The qualifications of voters on the proposal of amendment shall be the same as those required of voters at general elections under sections 2121-2126 of this title and sections 2141-2150 of this title relating to checklists shall apply, but the checklist specified in section 2141 of this title to be used at the meetings under this act shall be prepared and posted at least 30 days before the first Tuesday after the first Monday in November, in even-numbered years. Voting booths shall be prepared and the ballot clerks and assisting clerks shall be appointed, as in case of general elections. (Added 1971, No. 211 (Adj. Sess.), § 2, eff. April 3, 1972; amended 1981, No. 239 (Adj. Sess.), § 6.)

§ 1845a. -Qualifications for 1974 vote.

§ 1846. Failure to post checklists

The failure of the selectmen of any town, or the proper officers of any city, to prepare and post checklists of the freemen of the town or city at least 30 days before the first Tuesday after the first Monday in November, in even-numbered years, as provided by section 1845 of this title, shall not invalidate the votes given by the freemen of the town or city upon the proposed article of amendment. (Added 1971, No. 211 (Adj. Sess.), § 2, eff. April 3, 1972; amended 1981, No. 239 (Adj. Sess.), § 36.)

§ 1847. Repealed. 1981, No. 239 (Adj. Sess.), § 37, eff. July 1, 1982.

§ 1848. Tabulation of returns, record of amendments

The governor and secretary of state shall, on the second Tuesday of December, of the year in which a vote on ratification of an article of amendment is taken, open and tabulate the returns made under section 1843 of this title; and if it appears therefrom that the article of amendment has been ratified and adopted by a majority of the freemen voting thereon, the amendment shall be enrolled on the parchment and deposited in the office of the secretary of state as a part of the constitution of this state and shall, in all future official revisions of the laws, be published in immediate connection therewith. (Added 1971, No. 211 (Adj. sess.), § 2, eff. April 3, 1972; amended 1981, No. 239 (Adj. Sess.), § 38.)

§ 1849. Proclamation by governor

The governor shall thereupon forthwith issue his proclamation, attested by the secretary of state, reciting the article of amendment and announcing the ratification and adoption of it by the people of this state under this chapter and that the amendment has become a part of the constitution thereof and requiring all magistrates and officers, and all citizens of the state to take notice thereof and govern themselves accordingly; or that the article of amendment has been rejected, as the case may be. (Added 1971, No. 211 (Adj. Sess.), § 2, eff. April 3, 1972.)

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

The secretary of state shall send to the clerk of each city and town a copy of this act. In any year in which a vote on ratification of an article of amendment is taken, the secretary of state shall, within the period prescribed by section 1844 of this title, send to the clerk of each city and town ballots provided for in section 1844 of this title and blank forms for the returns of votes on the article of amendment. (Added 1971, No. 211 (Adj. Sess.), § 2, eff. April 3, 1972.)

CHAPTER 33: APPORTIONMENT OF STATE SENATORS

§ 1881. Number to be elected

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

(1) Addison senatorial district, composed of the towns of Addison, Brandon, Bridport, Bristol, Cornwall, Ferrisburgh, Goshen, Granville, Hancock, Leicester, Lincoln, Middlebury, Monkton, New Haven, Orwell, Panton, Ripton, Salisbury, Shoreham, Starksboro, Vergennes, Waltham, Whiting and Weybridge........ two;

(2) Bennington senatorial district, composed of the towns of Arlington, Bennington, Dorset, Glastenbury, Landgrove, Manchester, Peru, Pownal, Readsboro, Rupert, Sandgate, Searsburg, Shaftsbury, Stamford, Sunderland, Wilmington, Winhall and Woodford........ two;

(3) Caledonia senatorial district, composed of the towns of Barnet, Bradford, Burke, Danville, Fairlee, Groton, Hardwick, Kirby, Lyndon, Newark, Newbury, Orange, Peacham, Ryegate, St. Johnsbury, Sheffield, Stannard, Sutton, Topsham, Walden, Waterford, West Fairlee and Wheelock................ two;

(4) Chittenden senatorial district, composed of the towns of Bolton, Buel's Gore, Burlington, Charlotte, Essex, Hinesburg, Huntington, Jericho, Milton, Richmond, St. George, Shelburne, South Burlington, Underhill, Westford, Williston and Winooski......... six;

(5) Essex-Orleans senatorial district, composed of the towns of Albany, Averill, Avery's Gore, Barton, Bloomfield, Brighton, Brownington, Brunswick, Canaan, Charleston, Concord, Coventry, Craftsbury, Derby, East Haven, Eden, Ferdinand, Glover, Granby, Greensboro, Guildhall, Holland, Irasburg, Jay, Lemington, Lewis, Lowell, Lunenburg, Maidstone, Montgomery, Morgan, Newport City, Newport Town, Norton, Richford, Troy, Victory, Warner's Grant, Warren's Gore, Westfield, Westmore and Wolcott................ two;

(6) Franklin senatorial district, composed of the towns of Alburg, Bakersfield, Berkshire, Enosburg, Fairfax, Fairfield, Fletcher, Franklin, Georgia, Highgate, St. Albans City, St. Albans Town, Sheldon and Swanton................ two;

(7) Grand Isle senatorial district, composed of the towns of Colchester, Grand Isle, Isle La Motte, North Hero and South Hero................ one;

(8) Lamoille senatorial district, composed of the towns of Belvidere, Cambridge, Elmore, Hyde Park, Johnson, Morristown, Stowe and Waterville................ one;

(9) Orange senatorial district, composed of the towns of Braintree, Brookfield, Chelsea, Corinth, Randolph, Strafford, Thetford, Tunbridge, Vershire, Washington and Williamstown................ one;

(10) Rutland senatorial district, composed of the towns of Benson, Castleton, Chittenden, Clarendon, Danby, Fair Haven, Hubbardton, Ira, Killington, Mendon, Middletown Springs, Mt. Holly, Mt. Tabor, Pawlet, Pittsfield, Pittsford, Poultney, Proctor, Rutland City, Rutland Town, Shrewsbury, Sudbury, Tinmouth, Wallingford, Wells, West Haven and West Rutland................ three;

(11) Washington senatorial district, composed of the towns of Barre City, Barre Town, Berlin, Cabot, Calais, Duxbury, East Montpelier, Fayston, Marshfield, Middlesex, Montpelier, Moretown, Northfield, Plainfield, Roxbury, Waitsfield, Warren, Waterbury, Woodbury and Worcester................ three;

(12) Windham senatorial district, composed of the towns of Athens, Brattleboro, Brookline, Dover, Dummerston, Grafton, Guilford, Halifax, Jamaica, Londonderry, Marlboro, Newfane, Putney, Rockingham, Somerset, Stratton, Townshend, Vernon, Wardsboro, Westminster, Whitingham and Windham................ two;

(13) Windsor senatorial district, composed of the towns of Andover, Baltimore, Barnard, Bethel, Bridgewater, Cavendish, Chester, Hartford, Hartland, Ludlow, Norwich, Plymouth, Pomfret, Reading, Rochester, Royalton, Sharon, Springfield, Stockbridge, Weathersfield, Weston, West Windsor, Windsor and Woodstock......... three.

(Amended 1962, No. 5 (Sp. Sess.), § 1, eff. Aug. 9, 1962; 1965, No. 96, § 1; 1971, No. 248 (Adj. Sess.); 1973, No. 80, § 1, eff. June 1, 1973, see note set out below; 1981, No. 131 (Adj. Sess.), § 1, eff. July 1, 1982, see note set out below; 1991, No. 217 (Adj. Sess.), § 1, eff. May 22, 1992; 2001, No. 151 (Adj. Sess.), § 52, eff. June 27, 2002.)

§ 1881a. Senatorial districts; nominations and election

(a) The laws relating to the election of senators in single counties shall apply in senatorial districts except as their application may be inconsistent with this section or the structure of those districts.

(b) In senatorial districts, the senatorial district clerk shall be the county clerk for those towns within the district aggregating the largest population.

(c) Petitions for nominating candidates for senator in the general assembly by primary under chapter 9 of this title or certificates of nomination of candidates for that office by convention, caucus, committee or voters under chapter 11 of this title may be filed in the office of any county clerk in a senatorial district. On the day after the last day for filing those petitions or certificates for that office, the other county clerk shall notify the senatorial district clerk of the facts concerning those petitions or certificates. The senatorial district clerk shall be responsible for determining the names of candidates and other facts required by law to appear on the ballot for the office of senator, and for obtaining and distributing the ballots to the other clerks in the district. In senatorial districts, the ballots for senator in the general assembly shall be separate from those for other county officers.

(d) The clerk of the less populous county in a senatorial district shall report the results of voting in his county immediately after they are determined to the senatorial district clerk, who shall issue the certificates of nomination or election required by law as to the office of senator.

(e) The canvassing of votes in a senatorial district shall be done in each county in the district as in the case of single counties, but the clerk of the less populous county in a senatorial district shall send a copy of the appropriate certificate to the clerk of the senatorial district who shall issue necessary certificates for the senatorial district. (1965, No. 187, § 2; amended 1975, No. 189 (Adj. Sess.), § 15.)

CHAPTER 34: APPORTIONMENT OF STATE REPRESENTATIVES

§ 1891. Statement of policy

The order of the United States district court for the district of Vermont entered August 3, 1964, modified and affirmed by the Supreme Court of the United States, January 12, 1965 (Parsons v. Buckley, 85 S.Ct. 503, 379 U.S. 359, 13 L.Ed.2d 352) requires that both houses of the general assembly of Vermont be apportioned and districted on a basis other than the manner provided for in the constitution of this state. Such order further provides that if reapportionment legislation is not enacted by July 1, 1965, the district court shall reapportion the general assembly so as to comply with the equal protection clause of the fourteenth amendment to the United States constitution. In the light of this order, the general assembly of Vermont declares that apportioning and districting is primarily a responsibility of the legislature at this time to be accomplished by this chapter, and in such a manner as to achieve substantial equality in the choice of members of the general assembly as guaranteed by the constitution of the United States of America. It is further declared to be the policy of the state of Vermont that the constitutional basis of apportionment of the house of representatives can best be measured in this state by population. (1965, No. 98, § 2; amended 1981, No. 30, § 1, eff. April 16, 1981, and shall apply to the 1981-82 reapportionment.)

§ 1891a. Definitions

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

(1) "Initial district" or "district" means a district created by law in the final plan enacted pursuant to section 1906 of this title and listed in section 1893 of this title.

(2) "Representative district" means a district from which one or two representatives are elected. (1965, No. 187, § 3; amended 1973, No. 210 (Adj. Sess.), § 3, eff. date, see note set out below; 1981, No. 30, § 6, eff. April 16, 1981, and shall apply to the 1981-82 reapportionment; 1981, No. 239 (Adj. Sess.), § 7; 1991, No. 116 (Adj. Sess.), § 1, eff. Feb. 13, 1992.)

§ 1892. House of representatives membership

The house of representatives shall consist of 150 members, each of whom shall be elected from a district established by law. No person shall be elected a representative until he has resided in this state two years, the last of which shall be in the district for which he is elected. (1965, No. 98, § 3.)

§ 1893. Initial division

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

District Towns and Cities Representatives

ADDISON-1 Middlebury 2

ADDISON-2 Cornwall, Goshen, Hancock, Leicester, 1

Ripton and Salisbury

ADDISON-3 Addison, Ferrisburgh, Panton, 2

Vergennes and Waltham

ADDISON-4 Bristol Lincoln, Monkton and 2

Starksboro

ADDISON-5 Bridport, New Haven and Weybridge 2

ADDISON-RUTLAND-1 Orwell, Shoreham, Whiting and Benson 1

BENNINGTON-1 Pownal and Woodford 1

BENNINGTON-2 Bennington 4

BENNINGTON-3 Glastenbury and Shaftsbury 1

BENNINGTON-4 Manchester 1

BENNINGTON-5 Arlington, Sandgate, Sunderland, and that 1

part of Rupert encompassed within a

boundary beginning at the intersection of

the New York state line with VT 153; then

northeasterly along the centerline of VT 153

to the intersection with East Street; then

easterly along the centerline of East

Street to the intersection with Kent

Hollow Road; then southerly along the

centerline of Kent Hollow Road to the

Sandgate town line.

BENNINGTON-RUTLAND-1 Dorset, Landgrove, Peru, Danby and 1

Mount Tabor

CALEDONIA-1 Barnet, Ryegate and Waterford 1

CALEDONIA-2 Hardwick, Stannard and Walden 1

CALEDONIA-3 St. Johnsbury 2

CALEDONIA-4 Burke, Lyndon and Sutton 2

CALEDONIA-WASHINGTON-1 Danville, Peacham and Cabot 1

CHITTENDEN-1 Charlotte and Hinesburg 2

CHITTENDEN-2 Williston 2

CHITTENDEN-3 Burlington, South Burlington and 15

Winooski

CHITTENDEN-4 Richmond 1

CHITTENDEN-5 Shelburne and St. George 2

CHITTENDEN-6 Essex and Westford 5

CHITTENDEN-7 Colchester 4

CHITTENDEN-8 Jericho, Underhill and Bolton 2

ESSEX-CALEDONIA Kirby, Bloomfield, Brunswick, 1

Concord, Granby, Guildhall,

Lunenburg, Maidstone and Victory

ESSEX-CALEDONIA-

ORLEANS Newark, Averill, Avery's Gore, 1

Brighton, Canaan, East Haven,

Ferdinand, Lemington, Lewis, Norton,

Warner's Grant, Warren's Gore and

Westmore

FRANKLIN-1 Fairfax and Georgia 2

FRANKLIN-2 Fairfield, Fletcher and St. Albans Town 2

FRANKLIN-3 St. Albans City 2

FRANKLIN-4 Bakersfield and Enosburg 1

FRANKLIN-5 Sheldon and Swanton 2

FRANKLIN-6 Berkshire, Franklin, Highgate and Richford 2

GRAND ISLE-

CHITTENDEN- 1 Alburg, Grand Isle, Isle La Motte, 4

North Hero, South Hero and Milton

LAMOILLE-1 Stowe 1

LAMOILLE-2 Hyde Park and Wolcott 1

LAMOILLE-3 Eden and Johnson 1

LAMOILLE-4 Belvidere, Cambridge and Waterville 1

LAMOILLE-

WASHINGTON-1 Elmore, Morristown, Woodbury and 2

Worcester

ORANGE-1 Chelsea, Corinth, Orange, Vershire, 2

Washington and Williamstown

ORANGE-2 Bradford, Fairlee and West Fairlee 1

ORANGE-

ADDISON-1 Braintree, Brookfield, Randolph and 2

Granville

ORANGE-

CALEDONIA-1 Groton, Newbury and Topsham 1

ORLEANS-1 Brownington, Charleston, Derby, 2

Holland and Morgan

ORLEANS-2 Coventry, Irasburg, Newport City and 2

Newport Town

ORLEANS-

CALEDONIA-1 Sheffield, Wheelock, Albany, Barton, 2

Craftsbury, Glover and Greensboro

ORLEANS-

FRANKLIN-1 Jay, Lowell, Troy, Westfield and 1

Montgomery

RUTLAND-1 Clarendon, Ira, Poultney, Proctor and 3

West Rutland

RUTLAND-2 Castleton, Fair Haven, Hubbardton and 2

West Haven

RUTLAND-3 Shrewsbury, Tinmouth and Wallingford 1

RUTLAND-4 Rutland Town 1

RUTLAND-5 Rutland City 4

RUTLAND-6 Pittsford and Sudbury 1

RUTLAND-7 Brandon 1

RUTLAND-8 Middletown Springs, Pawlet, Wells and 1

that part of Rupert not in BENNINGTON-5

RUTLAND-WINDSOR-1 Chittenden, Killington, Mendon and 1

Bridgewater

WASHINGTON-1 Fayston, Waitsfield and Warren 1

WASHINGTON-2 Moretown, Northfield and Roxbury 2

WASHINGTON-3 Barre City and Berlin 3

WASHINGTON-4 Barre Town 2

WASHINGTON-5 Montpelier 2

WASHINGTON-6 Calais, Marshfield and Plainfield 1

WASHINGTON-7 East Montpelier and Middlesex 1

WASHINGTON-

CHITTENDEN-1 Waterbury, Duxbury, Buel's Gore and 2

Huntington

WINDHAM-1 Guilford and Vernon 1

WINDHAM-2 Halifax, Whitingham and Wilmington 1

WINDHAM-3 Brattleboro 3

WINDHAM-4 Athens, Brookline, Grafton, 2

Rockingham, Windham plus that part of

Westminster encompassed within a boundary

beginning at the intersection of the

Rockingham town line with Interstate 91;

then southeasterly along the centerline of

Interstate 91 to the intersection with the

Saxtons River; then easterly along the

centerline of the Saxtons River until the

intersection with Saxtons River Road (Vt 121);

then southeasterly along the centerline of

Saxtons River Road until the intersection with

Church Avenue; this easterly along the centerline

of Church Avenue until the intersection with

Saxtons River Road; then northerly along

the centerline of Saxtons River Road until the

intersection of Forest Road; then southerly

along the centerline of Forest Road to the

intersection with the Saxtons River; then

northeasterly along the centerline of the

Saxtons River to the intersection with the

Connecticut River.

WINDHAM-5 Dummerston, Putney and that part of 2

Westminster not in WINDHAM-4

WINDHAM-6 Marlboro, Newfane and Townshend 1

WINDHAM-

BENNINGTON-1 Readsboro, Searsburg, Stamford, 1

Dover, Somerset and Wardsboro

WINDHAM-BENNINGTON-

WINDSOR-1 Winhall, Jamaica, Londonderry, 1

Stratton and Weston

WINDSOR-1 Andover, Baltimore, Chester and 3

Springfield

WINDSOR-2 Cavendish and Weathersfield 1

WINDSOR-3 Windsor 1

WINDSOR-4 Hartland and West Windsor 1

WINDSOR-5 Reading and Woodstock 1

WINDSOR-6 Barnard, Hartford and Pomfret 3

WINDSOR-ORANGE-1 Royalton and Tunbridge 1

WINDSOR-ORANGE-2 Sharon, Stratford, Thetford and 2

Norwich

WINDSOR-RUTLAND-1 Mount Holly, Ludlow and Plymouth 1

WINDSOR-RUTLAND-2 Pittsfield, Bethel, Rochester and 1

Stockbridge

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

Vermont Election Laws Published June 2008, Office of the Secretary of State, Deborah L. Markowitz (Revised May 26, 2010) (Updated with the changes from the 2009 Legislative Session that were effective July 1, 2009 and the changes from the 2010 Legislative Session that are in effect now.) FOREWORD

Vermont Election Laws

Published June 2008, Office of the Secretary of State, Deborah L. Markowitz
(Revised May 26, 2010)
(Updated with the changes from the 2009 Legislative Session that were effective July 1, 2009 and the changes from the 2010 Legislative Session that are in effect now.)

FOREWORD