 Elections:
Voters
Everything you need to know to vote in Vermont!
Vermont Election Laws
Published June 2008, Office of the Secretary
of State, Deborah L. Markowitz
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 2008 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 (mhodge@sec.state.vt.us)
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
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