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 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
(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.)
§ 1893a. Subdivision of initial districts
(a) The following initial House districts, created and assigned more than two
members by section 1893 of this title, as amended by No. 85 of the Acts of 2002,
are subdivided into final House districts, as designated and defined below, each
of which shall be entitled to elect the indicated number of representatives:
(1) BENNINGTON-2 is subdivided into the following districts:
BENNINGTON-2-1. That portion of the town of Bennington not included in
BENNINGTON-2-2.
BENNINGTON-2-2. That portion of the town of Bennington encompassed by a border
beginning at the intersection of VT 7 and the Pownal town line, then northerly
on the easterly side of VT 7 to the intersection with Monument Avenue, then
northerly along the easterly side of Monument Avenue to the intersection with
Dewey Street, then northerly along the easterly side of Dewey Street to the
intersection with West Main Street, then southeasterly on the southerly side of
West Main Street to the intersection with North Street, then northerly along the
easterly side of North Street to the intersection with County Street, then
easterly along the southerly side of County Street to the intersection with Park
Street, then northerly along the easterly side of Park Street to the
intersection with Roaring Branch River, then easterly along the southerly side
of the river to the intersection with VT 9, then easterly along VT 9 to the
intersection with the Bennington-Woodford town line, then southerly along the
westerly side of the Bennington-Woodford town line to the intersection with the
Bennington-Pownal town line, then westerly along the northerly side of the
Bennington-Pownal town line to the point of beginning.
(2) CHITTENDEN-3 is subdivided into the following districts:
CHITTENDEN-3-1. Consisting of all that portion of the City of Burlington
encompassed within a boundary beginning where the northerly property line of
Leddy Park intersects the shore of Lake Champlain, then northeasterly along said
property line and said property line extended to North Avenue, then
southeasterly along North Avenue to the southerly boundary of Farrington's
Trailer Park, then northeasterly and northwesterly along the boundary of
Farrington's Trailer Park and the back property lines of property fronting Lopes
Avenue to the northwest corner of the corner lot at the intersection of Lopes
Avenue and Roseade Parkway including all the residences in Farrington's Trailer
Park and on Poirier Place, then northeasterly along the back property lines
between property fronting on Roseade Parkway and Arlington Court including all
the residences on Arlington Court, and turning northwesterly along the back
property lines of property fronting Arlington Court to the intersection of the
back property lines of property fronting Farrington Parkway, then easterly along
the back property lines of property fronting Farrington Parkway to the south,
then easterly along Farrington Parkway to the intersection of Farrington Parkway
and Ethan Allen Parkway, then northerly along Ethan Allen Parkway to a point
where the back property lines of property fronting the north side of Farrington
Parkway intersect Ethan Allen Parkway, then westerly along the back property
lines of property fronting the north side of Farrington Parkway to include all
residences on Farrington Parkway, continuing west across the end of Gosse Court
to the southeast corner of the Lyman C. Hunt School property, then northwesterly
along the property boundary of the Lyman C. Hunt School property to its
northeast corner, then northeasterly along the back property lines of property
fronting on Janet Circle to a point where said back property lines intersect the
back property lines of property fronting on James Avenue, then northwesterly
along the back property lines of property fronting on James Avenue and Sandra
Circle and continuing northeasterly along the back property lines of property
fronting on Sandra Circle to the intersection of the right-of-way of the
Winooski Valley Park Way, then northerly in a straight line to the Winooski
River, then northerly along the Winooski River to its intersection with Lake
Champlain, then southerly along the shore of Lake Champlain back to the point of
beginning.
CHITTENDEN-3-2. Consisting of all that portion of the City of Burlington
encompassed within a boundary beginning where the northerly property line of
Leddy Park intersects the shore of Lake Champlain, then northeasterly along said
property line and said property line extended to North Avenue, then
southeasterly along North Avenue to the southerly boundary of Farrington's
Trailer Park, then northeasterly and northwesterly along the boundary of
Farrington's Trailer Park and the back property lines of property fronting Lopes
Avenue to the northwest corner of the corner lot at the intersection of Lopes
Avenue and Roseade Parkway including all the residences on Lopes Avenue and
Blondin Circle, then northeasterly along the back property lines between
property fronting on Roseade Parkway and Arlington Court including all the
residences on Roseade Parkway, and turning northwesterly along the back property
lines of property fronting Arlington Court to the intersection of the back
property lines of property fronting Farrington Parkway, then easterly along the
back property lines of property fronting Farrington Parkway to the south, then
easterly along Farrington Parkway to the intersection of Farrington Parkway and
Ethan Allen Parkway including all units at 282 Ethan Allen Parkway, then
northerly along Ethan Allen Parkway to a point where the back property lines of
property fronting the north side of Farrington Parkway intersect Ethan Allen
Parkway, then westerly along the back property lines of property fronting the
north side of Farrington Parkway, continuing west across the end of Gosse Court
to the southeast corner of the Lyman C. Hunt School property, then northwesterly
along the property boundary of the Lyman C. Hunt School property to its
northeast, then northeasterly along the back property lines of property fronting
on Janet Circle to a point where said back property lines intersect the back
property lines of property fronting on James Avenue including all residences on
Janet Circle, then northwesterly along the back property lines of property
fronting on James Avenue and Sandra Circle and continuing northeasterly along
the back property lines of property fronting on Sandra Circle to the
intersection of the right-of-way of the Winooski Valley Park Way including all
residences on Sandra Circle, then northerly in a straight line to the Winooski
River, then following the Winooski River easterly to the railroad bridge, then
westerly along the railroad bridge and continuing along the railroad tracks
until it intersects at a point with the straight-line extension of the property
boundary between 603 and 617 Riverside Avenue, then southerly along the
straight-line extension of the property boundary between 603 and 617 Riverside
Avenue, continuing southerly along the property boundary of 603 and 617
Riverside Avenue to its intersection with Riverside Avenue, then westerly along
Riverside Avenue to the intersection of Intervale Avenue, then southwesterly
along Intervale Avenue to the intersection of Archibald Street, then westerly
along Archibald Street to the intersection of Spring Street, then northwesterly
along Spring Street to the intersection of Manhattan Drive, then westerly along
Manhattan Drive to the intersection of Pitkin Street, then southerly along
Pitkin Street to the intersection of Strong Street, then westerly along Strong
Street to the intersection of North Avenue, then northwesterly along North
Avenue to the intersection of Sunset Court, then southwesterly along Sunset
Court to its end to include all residences on the northwesterly side of Sunset
Court, continuing southeasterly in a straight-line extension of Sunset Court to
its intersection with the railroad tracks, then southerly along the railroad
tracks to the intersection of the northern boundary line of the property to the
north of the Moran Plant, then westerly along the boundary line to the
intersection of the shore of Lake Champlain, then northerly along the shore of
Lake Champlain to the point of beginning.
CHITTENDEN-3-3. Consisting of that portion of the City of Burlington encompassed
within a boundary beginning at the intersection of Maple and Willard Streets,
then westerly along Maple Street to the intersection of St. Paul Street, then
southerly along St. Paul Street to the intersection of Kilburn Street, then
westerly along Kilburn Street to the intersection of Pine Street, then southerly
along Pine Street to where the railroad track parallels Pine Street, then
northwesterly along the railroad track to the intersection of Maple Street, then
westerly along Maple Street to the shore of Lake Champlain, then northerly along
the shore of Lake Champlain to the intersection of the northern boundary line of
the property to the north of the Moran Plant, then easterly along the boundary
line to the intersection of the railroad tracks, then northerly along the
railroad tracks to an intersection with a straight-line extension of Sunset
Court, then northeasterly along the straight-line extension of Sunset Court and
continuing along Sunset Court to its intersection with North Avenue to include
all residences on the southeasterly side of Sunset Court, then southeasterly
along North Avenue to the intersection of Strong Street, then easterly along
Strong Street to the intersection of Pitkin Street, then northerly along Pitkin
Street to the intersection of Manhattan Drive, then easterly along Manhattan
Drive to the intersection of Spring Street, then southeasterly along Spring
Street to the intersection of Archibald Street, then easterly along Archibald
Street to the intersection of North Union Street, then southwesterly and
southerly along North Union Street to the intersection of Pearl Street, then
easterly along Pearl Street to the intersection of Willard Street, then
southerly along Willard Street to the point of beginning.
CHITTENDEN-3-4. Consisting of that portion of the City of Burlington encompassed
within a boundary beginning at the intersection of Davis Road and the boundary
between the City of Burlington and the City of South Burlington, then
southwesterly along Davis Road to the intersection of South Prospect Street,
then northerly along South Prospect Street to the intersection of Main Street,
then westerly along Main Street to the intersection of Willard Street, then
northerly along Willard Street to the intersection of Pearl Street, then
westerly along Pearl Street to the intersection of North Union Street, then
northerly along North Union Street to the intersection of North Winooski Avenue,
then northeasterly along North Winooski Avenue to the intersection of Archibald
Street, then westerly along Archibald Street to the intersection of Intervale
Avenue, then northeasterly along Intervale Avenue to the intersection of
Riverside Avenue, then easterly along Riverside Avenue to the intersection of
North Winooski Avenue, then northerly along the property boundary between 603
and 617 Riverside Avenue to the northeastern corner of 617 Riverside Avenue,
then northerly along the straight-line extension of the property boundary
between 603 and 617 Riverside Avenue to the intersection of the railroad tracks,
then easterly along the railroad tracks to the intersection of Intervale Road,
then southerly along Intervale Road, crossing Riverside Avenue, and continuing
southerly along North Prospect Street to the intersection of North Street, then
easterly along North Street to the intersection of Mansfield Avenue, then
southerly along Mansfield Avenue to the intersection of Colchester Avenue, then
northeasterly along Colchester Avenue to the intersection of Chase Street, then
northeasterly along Chase Street to the intersection of Grove Street, then
southeasterly along Grove Street to the intersection of the boundary line
between the City of Burlington and the City of South Burlington, then
southwesterly along the boundary line to the intersection of Main Street, then
northwesterly along Main Street to the intersection with the boundary line, then
southerly along the boundary line to the point of beginning.
CHITTENDEN-3-5. Consisting of that portion of the City of Burlington encompassed
within a boundary beginning from the shore of Lake Champlain and the boundary
line with the City of South Burlington, then easterly along the boundary line
between the City of Burlington and the City of South Burlington to Shelburne
Street, then northerly and then easterly along the boundary line with the City
of South Burlington, then northerly along the boundary line with the City of
South Burlington to the intersection of Davis Road, then southwesterly along
Davis Road to the intersection of South Prospect Street, then northerly along
South Prospect Street to the intersection of Main Street, then westerly along
Main Street to the intersection of Willard Street, then southerly along Willard
Street to the intersection of Maple Street, then westerly along Maple Street to
the intersection of St. Paul Street, then southerly along St. Paul Street to the
intersection of Kilburn Street, then westerly along Kilburn Street to the
intersection of Pine Street, then southerly along Pine Street to where the
railroad track parallels Pine Street, then northwesterly along the railroad
track to the intersection of Maple Street, then westerly along Maple Street to
the intersection of the shore of Lake Champlain, then southerly along the shore
of Lake Champlain to the point of beginning.
CHITTENDEN-3-6. Consisting of all the City of Winooski and that portion of the
City of Burlington encompassed within a boundary beginning at the northern
terminus of the boundary line between the cities of Burlington and South
Burlington located at a point adjacent to the Winooski River west of Interstate
89, then southwesterly along the boundary line to the intersection of the
boundary line and Grove Street, then northwesterly along Grove Street to the
intersection of Chase Street, then southwesterly along Chase Street to the
intersection of Colchester Avenue, then southwesterly along Colchester Avenue to
the intersection of Mansfield Avenue, then northerly along Mansfield Avenue to
the intersection of North Street, then westerly on North Street to the
intersection of North Prospect Street, then northerly along North Prospect
Street, crossing Riverside Avenue, and continuing along Intervale Road to the
intersection of the railroad tracks, then easterly along the railroad tracks to
the Winooski River and the boundary of the City of Burlington and the City of
Winooski.
CHITTENDEN-3-7. That portion of the City of South Burlington starting at a point
on Lake Champlain at the Shelburne-South Burlington boundary and following the
Shelburne-South Burlington boundary easterly to Shelburne Road; then northerly
following Shelburne Road to Allen Road; then easterly following Allen Road to
Spear Street; then northerly on Spear Street to Pheasant Way; then westerly on
Pheasant Way to Deerfield Drive; then northerly on Deerfield Drive; then
easterly on Deerfield Drive to the intersection with Spear Street; then across
Spear Street to Nowland Farm Road to the intersection with Pinnacle Drive; then
northerly on Pinnacle Drive; then easterly on Pinnacle Drive; then northerly on
Pinnacle Drive; then westerly on Pinnacle Drive; then southerly on Pinnacle
Drive to the intersection with Olivia Drive; then westerly along Olivia Drive to
Spear Street; then northerly on Spear Street to Swift Street; then westerly on
Swift Street to Shelburne Road; then westerly along the Burlington-South
Burlington boundary to Lake Champlain; then following the shore of Lake
Champlain southerly to the point of beginning.
CHITTENDEN-3-8. That portion of the City of South Burlington starting at the
junction of Dorset Street and the Shelburne-South Burlington boundary and
proceeding easterly to the junction of the Shelburne-South Burlington-Williston
boundaries; then northerly following the Williston-South Burlington boundary to
Williston Road; then continuing westerly to the intersection of Hinesburg Road/Patchen
Road; then southerly following Hinesburg Road to Woodcrest Street; then westerly
on Woodcrest Street; then northerly on Woodcrest Street; then westerly on
Woodcrest Street; then southerly on Woodcrest Street to Dean Street; then
easterly on Dean Street to Hinesburg Road; then southerly along Hinesburg Road
to Interstate 89; then westerly along Interstate 89 to its intersection with
Dorset Street; then southerly to Swift Street; then westerly following Swift
Street to Spear Street; then southerly along Spear Street to Olivia Drive; then
easterly on Olivia Drive to Pinnacle Drive; then northerly on Pinnacle Drive;
then easterly on Pinnacle Drive; then southerly on Pinnacle drive; then westerly
on Pinnacle Drive; then southerly on Pinnacle Drive to Nowland Farm Road; then
westerly to Spear Street; then across Spear Street to Deerfield Drive; then
westerly on Deerfield Drive; then southerly on Deerfield Drive to Pheasant Way;
then easterly on Pheasant Way to Spear Street; then southerly along Spear Street
to Allen Road; then westerly following Allen Road to the intersection of
Shelburne Road; then southerly on Shelburne Road to the Shelburne-South
Burlington boundary; then easterly on the Shelburne-South Burlington boundary to
the point of beginning at Dorset Street and the Shelburne-South Burlington
boundary.
CHITTENDEN-3-9. That portion of the City of South Burlington starting at the
junction of the Burlington-South Burlington boundary and Williston Road and
following that boundary starting northerly following the city boundary to the
Winooski River, then following the South Burlington-Winooski River boundary to
Muddy Brook, then following the Muddy Brook-South Burlington boundary to
Williston Road, then westerly to Hinesburg Road/Patchen Road, then southerly to
Woodcrest Street, then westerly on Woodcrest Street, then northerly on Woodcrest
Street, then westerly on Woodcrest Street, then southerly on Woodcrest Street to
Dean Street, then easterly on Dean Street to Hinesburg Road, then continuing
southerly on Hinesburg Road to Potash Brook, then westerly following the
centerline of Potash Brook to the intersection with Kennedy Drive, then westerly
on Kennedy Drive to Dorset Street, then northerly on Dorset Street to Williston
Road, then westerly to the point beginning at the junction of the
Burlington-South Burlington boundary and Williston Road.
CHITTENDEN-3-10. That portion of the City of South Burlington not contained in
CHITTENDEN-3-7, 3-8, or 3-9.
(3) CHITTENDEN-6 is subdivided into the following districts:
CHITTENDEN-6-1. That portion of the Town of Essex not included in CHITTENDEN-6-2
or 6-3.
CHITTENDEN-6-2. The Village of Essex Junction.
CHITTENDEN-6-3. The Town of Westford, plus that portion of the Town of Essex
bounded by the centerline of the road from Curve Hill at the Colchester Town
line, then to Lost Nation Road, then northerly on Old Stage Road to Towers Road,
then continuing easterly to Brown's River Road to Weed Road, then easterly on
Jericho Road to the Jericho town line.
(4) CHITTENDEN-7 is subdivided into the following districts:
CHITTENDEN-7-1. That portion of the town of Colchester north of Malletts Creek
and west of Interstate 89 to the Milton town line, plus that portion of the town
of Colchester east of Interstate 89.
CHITTENDEN-7-2. That portion of the town of Colchester not included in
CHITTENDEN-7-1.
(5) GRAND ISLE-CHITTENDEN-1 is subdivided into the following districts:
GRAND ISLE-CHITTENDEN-1-1. The towns of Alburg, Grand Isle, Isle La Motte, North
Hero and South Hero, plus that portion of the town of Milton bounded by a line
beginning at the mouth of the Lamoille River and Lake Champlain, then along the
river upstream to the Interstate 89 bridge crossing the Lamoille River, then
northerly along Interstate 89 to the Georgia town line, then along the Georgia
town line to Lake Champlain, then southerly along the lakeshore to the place of
beginning.
CHITTENDEN-9. That portion of the town of Milton not included in GRAND
ISLE-CHITTENDEN-1.
(6) RUTLAND-1 is subdivided into the following districts:
RUTLAND -1-1. The town of Poultney and that part of the town of Ira encompassed
within a boundary beginning in the southwest at the intersection of the town
boundaries of Ira, Middletown Springs and Poultney, then northerly along the
boundary with Poultney and continuing northerly along the boundary with
Castleton, then easterly along the boundary with Castleton to the boundary with
West Rutland, then southeasterly along the boundary with West Rutland to the
ridge line of the mountain range, then southwesterly along the ridge line of the
mountain range to the boundary with Middletown Springs, then westerly along the
boundary with Middletown Springs to the point of beginning.
RUTLAND-1-2. The towns of Clarendon, Proctor, West Rutland and that part of the
town of Ira not included in RUTLAND-1-1.
(7) RUTLAND-5 is subdivided into the following districts:
RUTLAND-5-1. That portion of the City of Rutland encompassed within a boundary
beginning at the point where the boundary line of Rutland City and Rutland Town
intersects with Lincoln Avenue, then southerly along the east side of the
centerline of Lincoln Avenue to the intersection of West Street, then easterly
along the north side of the centerline of West Street across North Main Street,
then easterly along the north side of Terrill Street to the intersection of
Lafayette Street, then southerly along the east side of the centerline of
Lafayette Street to the intersection of Easterly Avenue, then easterly along the
north side of Easterly Avenue to the intersection of Easterly Avenue and
Piedmont Drive, then easterly along the north side of the centerline of Piedmont
Drive to the intersection of Piedmont Drive and Piedmont Parkway, then easterly
along the centerline of Piedmont Parkway to the intersection of Piedmont Parkway
and Stratton Road, then southerly along the easterly side of the centerline of
Stratton Road to the intersection of Stratton Road and Killington Avenue, then
easterly along the north side of the centerline of Killington Avenue, including
both sides of Grandview Terrace, to the boundary between Rutland City and
Rutland Town, then northerly following the boundary line to its intersection
with Gleason Road, then westerly along the south side of the centerline of
Gleason Road to Woodstock Avenue, then following the boundary line back to the
point of beginning.
RUTLAND-5-2. That portion of the City of Rutland encompassed within a boundary
beginning at the point where the boundary line of Rutland City and Rutland Town
intersects with South Main Street, then northerly along the easterly side of the
centerline of South Main Street to the intersection of South Main Street and
Strongs Avenue, then northwesterly along the east side of the centerline of
Strongs Avenue to the intersection of Strongs Avenue and Prospect Street, then
northerly along the east side of the centerline of Prospect Street to the
intersection of Prospect Street and Washington Street, then easterly along the
south side of the centerline of Washington Street to the intersection of
Washington Street and Court Street, then northerly along the east side of the
centerline of Court Street to the intersection of Court Street and West Street,
then easterly along the south side of the centerline of West Street, to the
intersection of West Street and South Main Street, then east across South Main
Street, to the intersection of South Main Street and Terrill Street, then
easterly along the south side of the centerline of Terrill Street to the
intersection of Terrill Street and Lafayette Street, then southerly along the
west side of the centerline of Lafayette Street to the intersection of Lafayette
Street and Easterly Avenue, then easterly along the south side of the centerline
of Easterly Avenue to the intersection of Easterly Avenue and Piedmont Drive,
then easterly along the south side of the centerline of Piedmont Drive to the
intersection of Piedmont Drive and Piedmont Parkway, then easterly along the
south side of the centerline of Piedmont Parkway to the intersection of Piedmont
Parkway and Stratton Road, then southerly along the west side of the centerline
of Stratton Road to the intersection of Stratton Road and Killington Avenue,
then easterly along the south side of the centerline of Killington Avenue to the
boundary of Rutland City and Rutland Town, then southerly along the city line to
the intersection of the city line and South Main Street to the point of
beginning.
RUTLAND-5-3. That portion of the City of Rutland encompassed within a boundary
beginning at the point where the boundary line of Rutland City and Rutland Town
intersects with South Main Street, then northerly along the west side of the
centerline of South Main Street to the intersection of South Main Street and
Strongs Avenue, then northwesterly along the west side of the centerline of
Strongs Avenue to the intersection of Strongs Avenue and Prospect Street, then
northerly along the west side of the centerline of Prospect Street to the
intersection of Prospect Street and Washington Street, then easterly along the
north side of the centerline of Washington Street to the intersection of
Washington Street and Court Street, then northerly along the west side of the
centerline of Court Street to the intersection of Court Street and West Street,
then easterly along the north side of the centerline of West Street to the
intersection of West Street and Lincoln Avenue, then northerly along the west
side of the centerline of Lincoln Avenue to the intersection of Lincoln Avenue
and Williams Street, then west along the south side of the centerline of
Williams Street to the intersection of Williams Street and Grove Street, then
north along the west side of the centerline of Grove Street to the intersection
of Grove Street and Maple Street, then west along the south side of the
centerline of Maple Street to the intersection of Maple Street and Pine Street,
then south along the east side of the centerline of Pine Street to the
intersection of Pine Street and Robbins Street, then west along the south side
of the centerline of Robbins Street to the intersection of Robbins Street and
Baxter Street, then south along the east side of the centerline of Baxter Street
to the intersection of Baxter Street and State Street, then west along the south
side of the centerline of State Street to the intersection of State Street and
Cramton Avenue, then south along the east side of the centerline of Cramton
Avenue to the intersection of Cramton Avenue and West Street, then westerly
along the south side of the centerline of West Street to the intersection of
Ripley Road, then southerly along the Rutland City-Rutland Town line to the
intersection of the city line and South Main Street, the point of beginning.
RUTLAND-5-4. That portion of the City of Rutland not located within the
boundaries of RUTLAND-5-1, 5-2 or 5-3.
(8) WASHINGTON-3 is subdivided into the following districts:
WASHINGTON-3-1. That portion of the City of Barre bounded on the north, east and
south by Barre Town, and bounded on the west by a line running along the center
of Hall Street to the intersection of Elm Street, then along the center of Elm
Street to the intersection of North Main Street, then along the center of North
Main Street to the intersection of Prospect Street, then along the center of
Prospect Street to the intersection of Allen Street, then along the western back
lot line of Allen Street to the Barre Town boundary.
WASHINGTON-3-2. That portion of the City of Barre bound on the north and south
by the Barre Town line, on the east by the boundary with WASHINGTON-3-1, and on
the west by the boundary with WASHINGTON-3-3.
WASHINGTON-3-3. The town of Berlin and that portion of the City of Barre bound
on the west by the Berlin town line, on the north and south by the Barre Town
line, and on the east by a boundary running from the Barre Town northern
boundary along the center of Beckley Street, then along the center of Third
Street to North Main Street, then along the center of North Main Street to the
intersection of Berlin Street, then along the center of Berlin Street to
Prospect Street, then along the center of Prospect Street to the Barre Town
line.
(9) WINDHAM-3 is subdivided into the following districts:
WINDHAM-3-1. That portion of the Town of Brattleboro to the west of a boundary
beginning at Upper Dummerston Road at the Dummerston town line, then
southeasterly along the centerline of Upper Dummerston Road to Interstate 91,
then southerly along the median of Interstate 91 to Williams Street, then
easterly along the centerline of Williams Street to where the Whetstone Brook
crosses, then southwesterly along the western bank of the Whetstone Brook to
Lamson Street and southerly along the centerline of Lamson Street to Chestnut
Street, then westerly along the centerline of Chestnut Street to Interstate 91,
then southerly along the median of Interstate 91 to the Guilford town line.
WINDHAM-3-2. That portion of the Town of Brattleboro to the south of a boundary
beginning at the Connecticut River at the Whetstone Brook, westerly along the
southern bank of the Whetstone Brook to Elm Street, then northerly along the
centerline of Frost Street to Williams Street and following the centerline of
Williams Street to West Street, then westerly along the centerline of West
Street to Williams Street and westerly along the centerline of Williams Street
to where the Whetstone Brook crosses, then southwesterly along the eastern bank
of the Whetstone Brook to Lamson Street and southerly along the centerline of
Lamson Street to Chestnut Street, then westerly along the centerline of Chestnut
Street to Interstate 91, and east of Interstate 91 to the Guilford town line.
WINDHAM-3-3. That portion of the Town of Brattleboro not located in WINDHAM-3-1
or 3-2.
(10) WINDSOR-1 is subdivided into the following districts:
WINDSOR-1-1. The towns of Andover, Baltimore, Chester and that portion of the
town of Springfield encompassed within a boundary beginning at the
Chester-Springfield town lines at Northfield Drive, then easterly along the
centerline of Northfield Drive to the intersection with Fairbanks Road, then
northerly along the centerline of Fairbanks Road to the intersection with Main
Street, North Springfield, then easterly along the centerline of Main Street,
North Springfield to the intersection with the County Road, then northeasterly
along the centerline of the County Road to the intersection with VT 106, then
northwesterly along the centerline of VT 106 to the intersection with the
Baltimore Road, then northwesterly along the centerline of the Baltimore Road to
the Chester boundary line, then southerly along the Chester boundary line to the
point of the beginning.
WINDSOR-1-2. That portion of the town of Springfield not part of WINDSOR-1-1.
(11) WINDSOR-6 is subdivided into the following districts:
WINDSOR-6-1. The towns of Barnard and Pomfret and that portion of the town of
Hartford lying westerly and northerly of a boundary beginning on the
Norwich-Hartford town line at the centerline of Newton Lane, then southerly
along the centerline of Newton Lane to its intersection with Jericho Street,
then westerly along the centerline of Jericho Street to its intersection with
Dothan Road, then southerly along the centerline of Dothan Road to VT 14, then
westerly along the centerline of VT 14 to the intersection of the centerline of
Runnels Road and VT 14, then at a right angle to a utility pole marked 137T/6
ET&T/3>/136/GMP Corp/156/40030 on the south edge of VT 14, then southerly in a
straight line across the White River to the junction of Old River Road and the
beginning of Costello Road, then southerly and easterly along the center of
Costello Road to its end on U.S. Route 4, then westerly along the centerline of
U.S. Route 4 to the intersection of Waterman Hill Road, then northerly along the
centerline of Waterman Hill Road to the northerly low watermark of the
Ottauquechee River, then westerly and southerly along the northerly and westerly
low watermark of the Ottauquechee River to the Hartford-Hartland town line, then
westerly along the town line to the northerly low watermark of the Ottauquechee
River, then along the northerly low watermark of the Ottauquechee River to the
Hartford-Pomfret town line.
WINDSOR-6-2. That portion of the town of Hartford not located in WINDSOR-6-1.
(b) The following initial House districts, created and assigned two members by
section 1893 of this title, as amended by No. 85 of the Acts of 2002, are
subdivided as recommended by their respective boards of civil authority into
final House districts, as designated and defined below, each of which shall be
entitled to elect one representative:
(1) CHITTENDEN-1 is subdivided into the following districts:
CHITTENDEN-1-1. The town of Hinesburg, except two portions: the first being that
portion of the town of Hinesburg in the southwest corner of the town bounded by
a line beginning at the intersection of the Monkton town line and Baldwin Road,
then northerly along Baldwin Road to its intersection with Drinkwater Road, then
westerly along the centerline of Drinkwater Road to the Charlotte town line, and
the second being that portion of the town of Hinesburg in the northwest corner
of the town bounded by a line beginning at the junction of VT 116 and the St.
George town line, then southerly along the centerline of VT 116 to its
intersection with Falls Road, then westerly along the centerline of Falls Road
to its intersection with O'Neill Road, then westerly along the centerline of
O'Neill Road to the Charlotte town border.
CHITTENDEN-1-2. The town of Charlotte, plus the two portions of the town of
Hinesburg not included in CHITTENDEN-1-1.
(2) CHITTENDEN-5 is subdivided into the following districts:
CHITTENDEN-5-1. That portion of the town of Shelburne bounded by a line
beginning on the southwest corner of the Shelburne-Charlotte town line, then
following the shore of Lake Champlain to the mouth of Munroe Brook, including
all of the Lake that is part of the town of Shelburne, then upstream along the
center of Munroe Brook to the intersection with Spear Street, then south along
the centerline of Spear Street to the Shelburne-Charlotte town line, then west
along the Shelburne-Charlotte town line to the place of beginning.
CHITTENDEN-5-2. The town of St. George, plus that portion of Shelburne which is
not in CHITTENDEN-5-1.
(Added 2001, No. 151 (Adj. Sess.), § 53, eff. June 27, 2002.) § 1896. Repealed.
1991, No. 147 (Adj. Sess.), § 6, eff. April 25, 1992. §§ 1894, 1895. Repealed.
1991, No. 116 (Adj. Sess.), § 13, eff. Feb. 13, 1992.
CHAPTER 34A: PERIODIC REAPPORTIONMENT
§ 1901. Purpose
The supreme court of the United States has ruled that the equal protection
clause of the fourteenth amendment to the United States constitution requires
all state legislative bodies to be apportioned in such manner as to achieve
substantially equal weighting of the votes of all voters in the choice of
legislators. To comply with such requirement it will be necessary to reapportion
the house of representatives at periodic intervals, so that changes may be
recognized in legislative apportionment. It is the purpose of this chapter to
achieve such reapportionment in an orderly and impartial manner. (1965, No. 97,
§ 1.)
§ 1902. Definitions
As used in this chapter:
(1) "Apportionment standard for the house of representatives" means the number
obtained by dividing the total population in the state by the number of members
of the house of representatives of the general assembly.
(2) "Apportionment standard for the senate" means the number obtained by
dividing the total population in the state by the number of members of the
senate.
(3) "Board" means the legislative apportionment board.
(4) "Population" means the most recent census taken under the authority of
Congress or a special census ordered to be taken by the legislature. (1965, No.
97, § 2; amended 1981, No. 30, § 2, eff. April 16, 1981, and shall apply to the
1981-82 reapportionment; 1991, No. 116 (Adj. Sess.), § 4, eff. Feb. 13, 1992.)
§ 1903. Periodic reapportionment; standards
(a) The house of representatives and the senate shall be reapportioned and
redistricted on the basis of population during the biennial session after the
taking of each decennial census of the United States, or after a census taken
for the purpose of such reapportionment under the authority of this state.
(b) The standard for creating districts for the election of representatives to
the general assembly shall be to form representative districts with minimum
percentages of deviation from the apportionment standard for the house of
representatives. The standard for creating districts for the election of
senators on a county basis to the general assembly shall be to form senatorial
districts with minimum percentages of deviation from the apportionment standard
for the senate. The representative and senatorial districts shall be formed
consistent with the following policies insofar as practicable:
(1) preservation of existing political subdivision lines;
(2) recognition and maintenance of patterns of geography, social interaction,
trade, political ties and common interests;
(3) use of compact and contiguous territory. (1965, No. 97, § 3; amended 1973,
No. 210 (Adj. Sess.), § 7, eff. April 3, 1974; 1981, No. 30, §§ 3, 7, eff. April
16, 1981, and shall apply to the 1981-82 reapportionment; 1991, No. 116 (Adj.
Sess.), § 5, eff. Feb. 13, 1992.)
§ 1904. Legislative apportionment board
(a) There is hereby created the legislative apportionment board, consisting of: a special master designated by the
chief justice of the supreme court; one resident of the state of Vermont for five years immediately preceding the
appointment, appointed by the governor from each political party that has had more than three members serve as
members of the general assembly, who are not all from the same county, for at least three of the five biennial legislative
sessions since the taking of the previous decennial census of the United States; and one resident of the state of
Vermont for the five years immediately preceding the appointment, elected by the state committee of each of those
political parties, a quorum of each committee being present and voting. No member of the board shall serve as a member
or employee of the general assembly, or of either house thereof. The special master so designated shall be chair
of the board, and shall call such meetings as may be necessary for the accomplishment of the duties of the board
hereafter set forth. The secretary of state of Vermont shall be secretary of the board, but shall have no vote.
For the purpose of determining representation of a political party under this section, if a candidate for election to
the general assembly accepted a nomination from more than one political party, that candidate’s party affiliation
shall be only that political party to which he or she filed a petition for nomination. (Amended 2009, No. 18 (Adj. Sess.), § 1.)
(b) Members of the board shall first be selected on or before July 1, 1990, and
thereafter members shall be selected decennially before July 1 and shall serve
until their successors are selected. The appointing or electing authority shall
fill vacancies.
(c) For administrative purposes, the board shall be part of the office of the
secretary of state, and funds for the board's operation shall be appropriated
for the secretary of state, provided, however, that expenditures of such
appropriation shall be directed by the board.
(d) Members of the board not receiving a salary from the state shall receive per
diem compensation and expenses as provided in section 1010 of Title 32.
(e) The board may employ or contract for such expert assistants or services, or
both, as may be necessary to carry out its duties. (1965, No. 97, § 4; amended
1989, No. 200 (Adj. Sess.), §§ 6a, 6b; 1991, No. 116 (Adj. Sess.), § 6, eff.
Feb. 13, 1992.)
§ 1905. House apportionment-Tentative proposal
On or before July 1 of the year following each decennial census under the
authority of Congress, the board shall prepare a tentative proposal for the
reapportionment of the house of representatives. Whenever, in the tentative
proposal, it appears that one town or city should be divided into two or more
initial districts, or that part of one town or city should be combined with part
or all of another town or city to form an initial district, the board shall
immediately notify the board of civil authority of each town and city thus
affected. The boards of civil authority may, on or before August 1, recommend to
the legislative apportionment board the manner in which initial district lines
within those towns and cities should be drawn, always having regard for the
standards of apportionment set forth in section 1903 of this title. Upon request
of any board of civil authority, the legislative apportionment board shall
designate one of its members, or a person designated in section 1908 of this
title, to call and preside without vote over a joint meeting of two or more
boards of civil authority for the purpose of making joint recommendations.
(1965, No. 97, § 5; amended 1973, No. 210 (Adj. Sess.), § 8, eff. April 3, 1974;
1981, No. 30, § 4, eff. April 16, 1981, and shall apply to the 1981-82
reapportionment; 1989, No. 200 (Adj. Sess.), § 6c; 1991, No. 116 (Adj. Sess.), §
7, eff. Feb. 13, 1992; 1999, No. 68 (Adj. Sess.), § 1; 2001, No. 36, § 1.)
§ 1906. -Initial districts; final proposal; final
plan
Upon receiving recommendations made under section 1905 of this title, the board
shall consider the same, and shall, not later than August 15, prepare a final
proposal for dividing the state into initial districts for the election of 150
representatives. The chair of the board shall, on or before August 15, transmit
such proposal to the clerk of the house, and the proposal shall then be referred
to the appropriate committee. The general assembly shall then accept the
proposal and enact it into law or substitute another plan for reapportionment;
provided, however, that
(1) The plan for initial districts finally approved shall be in conformity with
the provisions of this chapter; and
(2) Be duly enacted during the said biennial legislative session. (1965, No. 97,
§ 6; amended 1973, No. 210 (Adj. Sess.), § 9, eff. April 3, 1974; 1981, No. 129
(Adj. Sess.), § 2, eff. March 23, 1982; 1989, No. 200 (Adj. Sess.), § 6d; 1991
No. 116 (Adj. Sess.), § 8, eff. Feb. 13, 1992; 1999, No. 68 (Adj. Sess.), § 2;
2001, No. 36, § 2.)
§ 1906a. Final division into representative
districts
(a) Each initial district listed in section 1893 of this title which is entitled
to one representative shall constitute a representative district and may elect
one representative at elections for representatives until the next
reapportionment.
(b) Each initial district listed in section 1893 of this title which is entitled
to elect two representatives shall constitute a representative district and may
elect two representatives at elections for representatives until the next
reapportionment, unless such district is divided into two single-member
representative districts as provided in section 1906b of this title, in which
case the resulting single-member representative districts shall each be entitled
to elect one representative at elections for representatives until the next
reapportionment.
(c) Each initial district listed in section 1893 of this title which is entitled
to elect three or more representatives shall be further divided into single- or
two-member representative districts or a combination of single- and two-member
representative districts, as provided in section 1906c of this title, each of
which shall be entitled to elect the appropriate number of representatives at
elections for representatives until the next reapportionment.
(d) A copy of the final plan for initial districts, and approved plans for
dividing multi-member districts into representative districts, shall be filed
with the secretary of state and shall be available for public inspection. In
addition, a copy of the plan for dividing a multi-member initial district into
representative districts shall be filed with the town clerk of each town in the
district so divided. (Added 1991, No. 116 (Adj. Sess.), § 9, eff. Feb. 13,
1992.)
§ 1906b. Division of two-member representative
districts
(a) An initial district entitled to two representatives under section 1893 of
this title may be divided into single-member representative districts as
provided in this section.
(b) As soon as practical after enactment of a final plan for initial districts
under section 1906 of this title, the boards of civil authority of the town or
towns which constitute 25 percent or more of the population of the initial
district may call a meeting of the boards of civil authority of the town or
towns of the initial district for the purpose of preparing a proposal for
division of the district. Each board shall have one vote, provided that the
proposal shall not provide for a representative district line to be drawn
through a town if the board of civil authority of that town objects.
(c) In making a proposal under this section, the boards of civil authority shall
consider
(1) preservation of existing political subdivision lines;
(2) recognition and maintenance of patterns of geography, social interaction,
trade, political ties and common interests;
(3) use of compact and contiguous territory;
(4) incumbencies.
(d) In no initial district divided under this section shall the percentage of
deviation result in a representative district which extends the limits of the
overall range of the percentage of deviation in the initial district plan for
reapportionment enacted by the general assembly under section 1906 of this
title.
(e) On or before April 1 of the year of the general election next after
enactment of the final plan under section 1906 of this title, the boards of
civil authority of the town or towns within each initial district proposing
division under this section shall present a proposal for division to the clerk
of the house, and the proposal shall be referred to the appropriate committee.
If the boards of civil authority desire to divide the initial district but are
unable to obtain a majority vote on a proposed division, they may notify the
clerk of the house on or before April 1 of their failure to agree on a proposal
and request that the general assembly divide the initial district, and the
general assembly may divide the initial district into single-member
representative districts.
(f) Representative districts proposed under this section shall become effective
when approved by the general assembly before adjournment sine die. The general
assembly shall approve representative districts proposed by the boards of civil
authority if they are consistent with the standards set forth in this section.
(Added 1991, No. 116 (Adj. Sess.), § 10, eff. Feb. 13, 1992.)
§ 1906c. Division of districts having three or more
representatives
(a) An initial district entitled to three or more representatives under section
1893 of this title shall be divided into single- and two-member representative
districts as provided in this section.
(b) As soon as practical after enactment of a final plan for initial districts
under section 1906 of this title, the boards of civil authority of the town or
towns within an initial district having three or more representatives shall meet
and prepare a proposal for division of the district. Each board shall have one
vote, provided that the proposal shall not provide for a representative district
line to be drawn through a town if the board of civil authority of that town
objects.
(c) In making a proposal under this section, the boards of civil authority shall
consider
(1) preservation of existing political subdivision lines;
(2) recognition and maintenance of patterns of geography, social interaction,
trade, political ties and common interests;
(3) use of compact and contiguous territory;
(4) incumbencies.
(d) In no initial district divided under this section shall the percentage of
deviation result in a representative district which extends the limits of the
overall range of the percentage of deviation in the initial district plan for
reapportionment enacted by the general assembly under section 1906 of this
title.
(e) On or before April 1 of the year of the general election next after
enactment of the final plan under section 1906 of this title, the boards of
civil authority of the town or towns within each initial district subject to
this section shall present a proposal for division to the clerk of the house,
and the proposal shall be referred to the appropriate committee. If the boards
of civil authority are unable to obtain a majority vote on a proposed division,
they shall notify the clerk of the house, on or before April 1, of their failure
to agree on a proposal, and the general assembly shall divide the initial
district into representative districts.
(f) Representative districts proposed under this section shall become effective
when approved by the general assembly before adjournment sine die. The general
assembly shall approve representative districts proposed by the boards of civil
authority if they are consistent with the standards set forth in this section.
(Added 1991, No. 116 (Adj. Sess.), § 11, eff. Feb. 13, 1992.)
§ 1907. Senate apportionment
On or before July 1 of each year following the taking of a decennial census
under the authority of congress, the board shall prepare a proposal for
reapportionment of the senate, apportioning the 30 senatorial seats among the
counties or combinations of counties, in such manner as to achieve substantial
equality in the choice of members as guaranteed by the equal protection clause
of the fourteenth amendment to the United States Constitution. The chair of the
board shall transmit such proposal to the secretary of the senate and it shall
be referred to the appropriate committee. The general assembly shall then accept
the proposal and enact it into law or substitute another plan for
reapportionment of the senate. (1965, No. 97, § 7; amended 1989, No. 200 (Adj.
Sess.), § 6e; 1991, No. 217 (Adj. Sess.), § 2, eff. May 22, 1992; 1999, No. 68
(Adj. Sess.), § 3; 2001, No. 36, § 3.)
§ 1908. Powers of board
The legislative apportionment board shall have the following powers:
(1) To call for, and receive, the assistance of any state, county or municipal
official or employee in obtaining information regarding the population in any
county, town, city, village, ward, precinct, or water, fire or school district;
(2) To hold public hearings in any town or city for the purpose of obtaining
information relevant to reapportionment of the general assembly;
(3) To delegate, under regulations adopted by it, any of the foregoing powers to
one or more of its members, or to investigators or hearing examiners in its
employ. (1965, No. 97, § 8; amended 1981, No. 30, § 5, eff. April 16, 1981, and
shall apply to the 1981-82 reapportionment.)
§ 1909. Review
(a) Within 30 days of the effective date of any apportionment bill enacted
pursuant to sections 1906b, 1906c or 1907 of this title, any five or more
freemen of the state aggrieved by the plan or act may petition the supreme court
of Vermont for review of same.
(b) The sole grounds of review to be considered by the supreme court shall be
that the apportionment plan, or any part of it, is unconstitutional or violates
section 1903 of this title.
(c) The supreme court may consolidate two or more appeals, as the interests of
justice may require, with due regard for expediting decision in all appeals.
(d) The supreme court may designate one or more justices, one or more superior
judges, or one or more masters, to take testimony and make findings of fact in
any appeal or consolidated appeals under this section.
(e) In the event the supreme court allows any appeal upon one or both grounds
set forth in subsection (b) of this section, it shall forward its opinion and
decision to the general assembly which shall forthwith revise and correct the
apportionment law in light of the supreme court's decision, to conform to the
requirements of law. The supreme court shall retain jurisdiction until the
general assembly has produced a plan conforming to all constitutional and
statutory requirements, which plan shall thereupon become law.
(f) The review provided in this section shall be the original and exclusive
review of legislative apportionment in the courts of this state. (1965, No. 97,
§ 9; amended 1991, No. 116 (Adj. Sess.), § 12, eff. Feb. 13, 1992.)
§§ 1910, 1911. Repealed. 1973, No. 210 (Adj. Sess.),
§ 10, eff. April 3, 1974.
Chapter 35: OFFENSES AGAINST THE PURITY OF ELECTIONS
Subchapter I. Penalties Upon Officers
§ 1931. Presiding officer receiving illegal vote
A presiding officer in a town, village or school district meeting or in a
primary or general election who knowingly receives and counts a vote from a
person not a qualified voter or knowingly receives from a voter, at any one
balloting for the same office, more than one vote, shall be fined not more than
$100.00 if the offense is committed in a town, village or school district
meeting, and not more than $500.00 if in a primary or general election.
§ 1932. Counting and turning ballot boxes before
proper time
A presiding officer at a general election, who allows the ballots for
representative to the General Assembly, state, county or congressional officers
to be counted or the ballot box containing the same to be turned before the hour
set by the legislative branch for closing the polls shall be fined not more than
$100.00 nor less than $20.00. (Amended 1961, No. 198, § 4, eff. July 5, 1961.)
§ 1933. Nonperformance of duty by public officer
A public officer upon whom a duty is imposed by the provisions of this title,
who wilfully neglects to perform such duty or who wilfully performs it in such a
way as to hinder the object of the provisions of this title, shall be fined not
more than $500.00; but the provisions of this section shall not apply to a
public officer upon whom a duty is imposed by the provisions of chapter 9,
section 571 of chapter 11, and chapter 13 of this title, the nonperformance of
which is an offense under either of such chapters.
Subchapter II. Penalties Upon Voters
§ 1971. Casting more than one ballot
A legal voter who knowingly casts more than one ballot at any one time of
balloting for the same office shall be fined not more than $1,000.00, if the
offense is committed at a general election, and not more than $100.00, if
committed in town meeting. (Amended 2001, No. 5, § 10.)
§ 1972. Showing ballot; interference with voter
A voter who, except in cases of assistance as provided in this title, allows his
ballot to be seen by another person with an apparent intention of letting it be
known how he or she is about to vote or makes a false statement to the presiding
officer at an election as to his or her inability to mark his or her ballot or
places a distinguishing mark on his or her ballot, or a person who interferes
with a voter when inside the guard rail or who, within the building in which the
voting is proceeding, endeavors to induce a voter to vote for a particular
candidate, shall be fined $1,000.00. It shall be the duty of the election
officers to see that the offender is duly prosecuted. (Amended 2001, No. 5, §
11.)
§ 1973. Voting in more than one place
A person who, on the same day, votes in more than one town, district, or ward
for the same office shall be fined not more than $1,000.00. (Amended 2001, No.
5, § 12.)
§ 1974. Voter omitted from list, voting in another
town
A person resident and entitled to vote in a town in which a check list of voters
has been made previous to an election, whose name, through his neglect, is not
entered thereon, who votes in another town at such election, shall be fined not
more than $200.00.
Subchapter III. Miscellaneous
§ 2011. Perjury before board making check list
A person who knowingly swears falsely to a fact or matter which may be the
subject of inquiry by the board of civil authority in revising the check list as
provided in this title shall be guilty of perjury and imprisoned not more than
fifteen years and fined not more than $1,000.00, or both. (Amended 1971, No. 199
(Adj. Sess.), § 17; 1981, No. 223 (Adj. Sess.), § 23.)
§ 2012. Procuring change in list wrongfully
A person who, directly or indirectly, procures or causes to be procured or aids
in procuring the name of a person to be inserted on a check list of voters,
knowing such person not to be a voter in the town for which such list is made
or, directly or indirectly, procures or causes to be procured or aids in
procuring the name of a person to be erased from such list, knowing him to be a
legal voter in such town, shall be fined not more than $100.00.
§ 2013. False answer as to right to vote
A person who knowingly gives a false answer or information to the presiding
officer at a general election or to the authority present to decide upon the
qualifications of voters, touching a person's right to vote at such election,
shall be fined not more than $100.00.
§ 2014. Unqualified person voting
A person, knowing that he is not a qualified voter, who votes at a town, village
or school district meeting or a general election for an officer to be elected at
such meeting or election shall be fined not more than $100.00.
§ 2015. Fraudulent voting
A person who personates another, living or dead and gives or offers to give a
vote in the name of such other person or gives or offers to give a vote under a
fictitious name at a town, village or school district meeting or a general
election, for an officer to be elected at such meeting or election, shall be
imprisoned not more than one year or fined not more than $100.00, or both.
(Amended 1981, No. 223 (Adj. Sess.), § 23.)
§ 2016. Aiding unqualified voter to vote
A person who wilfully aids or abets a person who is not a duly qualified voter
in voting or attempting to vote at a general election shall be fined not more
than $100.00.
§ 2017. Undue influence
A person who attempts by bribery, threats or any undue influence to dictate,
control or alter the vote of a freeman about to be given at a general election
shall be fined not more than $200.00.
§ 2018. Using intoxicating liquor to influence votes
A person who, directly or indirectly, gives intoxicating liquor to a freeman
with intent to influence his vote at an election specified in section 2017 of
this title or as a reward for voting as previously directed, shall be fined not
more than $200.00.
§ 2019. Destroying lists; hindering voting
A person who, prior to an election, wilfully defaces or destroys any list of
candidates posted in accordance with law or, during an election, wilfully
defaces, tears down, removes or destroys any card posted for the instruction of
voters or, during an election, wilfully removes or destroys any of the supplies
or conveniences furnished to enable a voter to prepare his ballot or wilfully
hinders the voting of others, shall be fined $50.00.
§ 2020. Offenses applying to primary elections
The provisions of sections 1972-1974 and 2011-2019 of this title shall apply to
primary elections held under the provisions of chapter 9 of this title and the
word "officer" or "officers," when used in any of such sections to designate a
person or persons to be voted for at an election, shall include a candidate or
candidates for nomination by primary election.
§ 2021. Destroying certificates of nomination
A person who falsely makes or wilfully defaces or destroys a primary petition,
certificate of nomination or nomination paper or any part thereof, or any letter
of assent or of withdrawal, or who files a primary petition, a certificate of
nomination, nomination paper, letter of assent or letter of withdrawal, knowing
the same or any part thereof to be falsely made, or who suppresses a primary
petition, certificate of nomination, nomination paper, letter of assent or
letter of withdrawal or any part thereof, which has been filed, or forges or
falsely makes the official indorsement upon a ballot to be used at a primary or
at an election or wilfully destroys or defaces such a ballot or wilfully delays
the delivery of such ballots, shall be fined $100.00.
§ 2022. Repealed. 1997, No. 64, § 21.
CHAPTER 41: PURPOSES
§ 2101. Purposes
This act is intended to carry out the mandate contained in Article 8 of the
Constitution of the state of Vermont. In this pursuit, the specific purposes of
this act are:
-to provide equal opportunity for all citizens of voting age to participate in
political processes;
-to assure that political campaigns are fairly and honestly conducted and
financed;
-to define unacceptable conduct among political candidates and public servants;
-to insure that public service will be in the public interest, rather than the
special interest of groups or individuals, and
-to encourage citizens to become more actively involved in the political
processes which affect the quality of life;
-to provide uniform practices and procedures in the conduct of elections
throughout the state. (Added 1977, No. 269 (Adj. Sess.), § 1.)
§ 2102. Short title
This title may be referred to and cited as the "Vermont Election Laws". (Added
1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 1.)
§ 2103. Definitions
As used in this title, unless the context or a specific definition requires a
different reading:
(1) "Early or absentee voter" means any voter of the state who has requested an
early voter absentee ballot as provided in subchapter 6 of chapter 51 of this
title.
(2) "Accept" means to solicit, receive or agree to receive.
(3) "Anything of value" means, without limitation, tangible or intangible
property, money, commercial interests, or governmental employment. A promise to
pay or deliver such property is a thing of value even if the promise is
unenforceable or impossible to perform.
(4) "Australian ballot system" means the technique of having the polls open for
voting on specified and warned matters during a warned, extended period which
may be during or after a municipal meeting, or both. An "Australian ballot"
means a uniformly printed ballot, typically confined to the secret vote election
of specified offices as previously warned to be voted upon by the Australian
ballot system. The term "Australian ballot" includes any voting machines
approved for use in any election so conducted in the state.
(5) "Board of civil authority" means, unless otherwise provided by municipal
charter, in the case of a town, the selectmen and town clerk and the justices
residing therein; in the case of a city, the mayor, aldermen, city clerk and
justices residing therein; in the case of a village, the trustees, village clerk
and the justices residing therein; and, in any case, such suitable member or
members of unrepresented or insufficiently represented political parties as may
be appointed members of the board of civil authority under the provisions of
section 2143 of this title. Except as otherwise provided in this title, those
members of the board of civil authority present and voting shall constitute a
quorum, provided that official action may not be taken without the concurrence
of at least three members of the board.
(6) "Campaign" means any organized or coordinated activity undertaken by two or
more persons, any part of which is designed to influence the nomination,
election or defeat of any candidate or the passage, defeat or modification of
any public question.
(7) "Candidate" means an individual who has taken any affirmative action to
become a candidate for public office. A person takes affirmative action by:
(A) accepting a contribution or making an expenditure directly or indirectly;
(B) filing the requisite petition for one of the named positions or being
nominated by primary or otherwise; or
(C) publicly announcing that he seeks such a position.
(8) [Deleted.]
(9) "Contribution" means a payment, distribution, advance, deposit, loan or gift
of anything of value, paid or promised to be paid (whether or not the promise is
legally enforceable) to a person or political committee for the purpose of
supporting or opposing one or more campaigns, but shall not include services
provided without compensation by individuals volunteering their time on behalf
of a candidate or political committee, nor bona fide commercial loans.
"Contribution" includes any transfer between committees or candidates. A
contribution is deemed to be made on the date when any promise or pledge is made
or when liability for anything of value is assumed.
(10) "County officer" means judge of probate, assistant judge of the superior
court, state's attorney, sheriff, high bailiff, and justice of the peace.
(11) "Election" means the procedure whereby the voters of this state, or any of
its political subdivisions, select persons to fill public offices or act on
public questions.
(12) "Expenditure" means a payment, disbursement, distribution, advance,
deposit, loan, or gift of anything of value, paid or promised to be paid
(whether or not the promise is legally enforceable) for the purpose of
supporting or opposing any campaign.
(13) "File" or "filed" means deposited in the regularly maintained office of the
official with whom the filing is to be made. A document is not "filed" until
received at the official's office. If the last day for filing petitions, consent
forms, or other documents or reports falls on a Saturday, Sunday or legal
holiday, then the deadline shall be extended to 5:00 p.m. on the next day which
is not a Saturday, Sunday or legal holiday.
(14) "Voter's oath" means the oath prescribed in chapter II section 42 of the
Constitution of Vermont.
(15) "General election" means the election held on the first Tuesday after the
first Monday in November, in even numbered years.
(16) "Give" means to offer, present, confer, pay, or deliver; also to agree or
promise to do any of the foregoing. But it shall not include a promise openly
made in the course of a campaign to support or oppose some named governmental
action.
(17) "Legislative body" means the selectboard in the case of a town, the city
council, mayor, and alderboard in the case of a city, the trustees or bailiffs
in the case of a village, the school board in the case of a school district, and
the prudential committee in the case of a fire district.
(18) "Local election" means any election which deals with the selection of
persons to fill public office or the settling of public questions solely within
a single municipality. "Local election" also means an election to settle a
public question in several municipalities, in which the municipalities must
unanimously concur if the question is to be approved. The election of a
representative to the general assembly is not a "local election".
(19) "Military service" means active service by any person, as a member of any
branch or department of the United States Army, Navy, Air Force, Coast Guard or
Marine Corps or as a reservist absent from his place of residence and undergoing
training under Army, Navy, Air Force, Coast Guard or Marine Corps direction, at
a place other than the person's residence.
(20) "Military service early or absentee voter" means a person who is unable to
attend at his regular polling place and who comes within one of the following
categories:
(A) Persons in the military service and their spouses and dependents;
(B) A patient in a veterans' hospital located in any place other than his place
of residence; or
(C) Civilians attached to or serving with the Armed Forces of the United States
outside this state and their spouses and dependents when residing with or
accompanying them.
(21) "Person" means any individual, business entity, labor organization, public
interest group, or other organization, incorporated or unincorporated.
(22) "Political committee" means two or more persons, including political parties and the constituent parts or subdivisions of political parties,
which make any expenditure of a value of $200.00 or more in any year or accept any contribution in any year, for the purpose of
supporting or opposing any campaign. (Repealed 2009, No. 40 (Adj. Sess.), § 5.)
(23) "Political party" is any group of individuals which has organized and filed
its certificate of organization with the secretary of state, pursuant to chapter
45 of this title. A "major political party" is a political party whose candidate
for any state office in the most recent general election polled at least five
percent of the vote cast for that office. A "minor political party" is any
political party which is not a major political party.
(24) "Political subdivision" means any county, municipality (including cities,
towns and villages), school district, fire district, water, sewer or utility
district, ward and any consolidation of the foregoing entities authorized under
the laws of this state.
(25) "Primary" means any election which precedes a general or special election,
for the purpose of permitting political parties to nominate, from among all of
the candidates for any office, only that number of candidates equal to the
number of persons to be elected to that office at the succeeding general or
special election.
(26) "Public office" means any office in the United States government or any
office in the government of this state or any of its political subdivisions
which is filled by vote of the voters of the state or subdivision.
(27) "Public question" means any question, issue, proposition, or referendum
(whether binding or advisory) submitted or required by law to be submitted to
the voters of the state or any political subdivision of the state, for a
decision.
(28) "Public servant" means the holder of any public office, as well as any
employee of the state not in the classified service.
(29) "Representative district clerk" means, in each representative district, the
clerk of that town or part of a town having the largest population in the
district. However, when part of one town is joined with all of another town to
form a representative district, the clerk of the latter town shall be
representative district clerk.
(30) "Resident" means a natural person who is domiciled in this state as
evidenced by an intent to maintain a principal dwelling place in the state
indefinitely and to return there if temporarily absent, coupled with an act or
acts consistent with that intent. A married person may have a domicile
independent of the domicile of his spouse.
(31) "Senatorial district clerk" means the county clerk for those towns within a
senatorial district aggregating the largest population.
(32) "Special election" means an election which is not provided for by law to be
held at stated intervals.
(33) "State office" means the office of governor, lieutenant governor, state
treasurer, secretary of state, auditor of accounts, and attorney general.
State officer" is the holder of a state office.
(34) "Town" includes "city".
(35) "Town clerk" means a town officer elected pursuant to section 712(2) of
Title 24 and performing those duties prescribed by chapter 35 of Title 24.
(36) "Voter" means an individual who is qualified to vote in an election in this
state or a political subdivision of this state, and whose name is registered on
the checklist of a political subdivision of the state.
(37) "Year" means a calendar year.
(38) "State institution" means the Vermont State Hospital, correctional
facilities, and other similar public institutions, established or funded, or
both, by public funds within the state of Vermont, not including educational
institutions.
(39) "Motor vehicle driver's license" means any personal identification document
issued by the department of motor vehicles under Title 23.
(40) "Secretary" means the secretary of state. The secretary of state shall be
the chief state election official for purposes of the National Voter
Registration Act of 1993.
(41) "Voter registration agency" or "agency" means all state offices that
provide public assistance, all state offices that provide state-funded programs
primarily engaged in providing services to persons with disabilities, any
federal and nongovernmental offices that have agreed to be designated by the
secretary as a voter registration agency and any state or local agency
designated by the secretary as a voter registration agency. State and local
agencies designated by the secretary may include: the departments of taxes and
unemployment compensation, and offices that provide services to persons with
disabilities other than those that provide state-funded programs primarily
engaged in providing services to persons with disabilities.
(42) "Voter registration application forms," "application forms," or "forms"
mean the voter registration application forms or the voter registration
application portion of a motor vehicle driver's license application approved by
the secretary of state under sections 2145 and 2145a of this title. (Added 1977,
No. 269 (Adj. Sess.), § 1; amended 1979, No. 198 (Adj. Sess.), § 2; No. 200
(Adj. Sess.),§§ 2-6; 1981, No. 30, § 8, eff. April 16, 1981, and shall apply to
the 1981-82 reapportionment; 1985, No. 196 (Adj. Sess.), § 2; No. 198 (Adj. Sess.),
§§ 4, 5; 1997, No. 47, §§ 1, 11; 2001, No. 5, § 1; No. 6, §§ 1, 12(b), eff.
April 10, 2001.)
CHAPTER 43: QUALIFICATION AND REGISTRATION OF VOTERS
§ 2121. Eligibility of voters
Any person who, on election day:
(1) is a citizen of the United States;
(2) is a resident of the state of Vermont;
(3) has taken the voter's oath; and
(4) is 18 years of age or more may register to vote in the town of his residence
in any election held in a political subdivision of this state in which he
resides. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1997, No. 47, § 11.)
§ 2122. Residence; special cases; checklist
(a) A person shall not gain or lose a residence solely by reason of presence or
absence while in the service of the state or of the United States; nor while
engaged in the navigation of the waters of the state or of the United States or
on the high seas; nor while in a hospital, nursing home, or other health care
facility; nor while confined in a prison or correctional institution; nor while
a member of a veterans' home; nor while a student at any educational
institution; nor while living outside the United States.
(b) A person may have his or her name on the checklist only in the town of which
the person is a resident. For the purpose of this chapter, "resident" shall mean
a person who is domiciled in the town as evidenced by an intent to maintain a
principal dwelling place in the town indefinitely and to return there if
temporarily absent, coupled with an act or acts consistent with that intent. If
a person removes to another town with the intention of remaining there
indefinitely, that person shall be considered to have lost residence in the town
in which the person originally resided even though the person intends to return
at some future time. However, a person shall retain the ability to vote in a
town of former residence for a period of 17 days after becoming a resident of a
new town. A person may have only one residence at a given time. (Added 1977, No.
269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 120; 1981, No. 239
(Adj. Sess.), § 8; 1983, No. 90, § 4, eff. April 29, 1983; 1985, No. 198 (Adj.
Sess.), § 6; 1999, No. 134 (Adj. Sess.), § 6, eff. Jan. 1, 2001; 2001, No. 5, §
2.)
§ 2123. Residents of unorganized towns and gores
A resident of an unorganized town, grant or gore may have his name placed upon
the checklist in any town which is both in the probate district and in the
representative district in which he resides, and he shall be entitled to vote in
all elections in such town except local elections. (Added 1977, No. 269 (Adj.
Sess.), § 1.)
§ 2124. Voter's oathor affirmation; how administered
(a) The voter's oath may be administered by;
(1) a person authorized by the law of this state to administer oaths and affirmations;
(2) a member of a board of civil authority;
(3) a commissioned officer of the military service;
(4) any other person qualified to administer oaths and affirmations, within or outside the United States, by the laws of the place in which
the oath or affirmation is administered;
(5) any other person over the age of 18; or
(6) an applicant for addition to the checklist who attests to having taken the oath or affirmation under the penalty of perjury.
(b) A person who administers the voter's oath or affirmation to another shall forthwith sign the appropriate place on the application or sign some
other written notification giving the person's name and the date the oath or affirmation was administered.
(c) The town clerk shall keep the completed applications for addition to the checklist. If the written notification that a person has taken the oath or
affirmation is submitted separately from the application, it shall be filed along with the application. The town clerk shall verify, upon request, that a
voter has been given the oath or affirmation. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 7; 1989,
No. 200 (Adj. Sess.), § 1; 1997, No. 47, § 10; 2001, No. 6, § 12(b), eff. April 10, 2001; amended 2008, No. 113 § 1.)
§ 2125. Intermittent residence
A person, having taken the voter's oath, who moves from Vermont and obtains
voting residence outside the state shall not vote in any election in this state
until he has once again qualified to vote under this title, except that he need
not take the voters's oath again. (Added 1977, No. 269 (Adj. Sess.), § 1;
amended 1979, No. 200 (Adj. Sess.), § 8; 1997, No. 47, § 11.)
§ 2126. Village checklist
A village clerk shall automatically include on the village checklist the names
of all persons living within the village who are on the checklist of the town in
which the village is located, except as provided in section 2122 of this title.
No separate application or other action on the part of the voter shall be
required. (Added 1979, No. 200 (Adj. Sess.), § 9; 1999, No. 134 (Adj. Sess.), §
7, eff. Jan. 1, 2001.)
§ 2141. Posting of checklist
At least 30 days before any election the town clerk shall cause copies of the
most recent checklist of the persons qualified to vote to be posted in two or
more public places in the town in addition to being posted at the town clerk's
office; however, in a town having a population of less than 5,000 qualified
voters, only one checklist in addition to the one posted in the town clerk's
office need be posted. Upon the checklist shall be stated against the name of
each voter, if possible, the street and number of each voter's residence, and
otherwise the mailing address of each voter's residence. The town clerk shall
make available a copy of the list, together with lists of corrections and
additions when made, to the chair of each political party in the town, upon
request, free of charge. Additions or amendments to the checklist may be
attached to the checklist by means of a separate list. Copies of the list shall
be made available to other persons at cost, and to officers with whom primary
petitions are filed under section 2357 of this title free of charge. (Added
1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 10; 2001,
No. 5, § 3.)
§ 2142. Revision of checklist
The town clerk shall call such meetings of the board of civil authority as may
be necessary before an election or at other times for revision of the checklist.
At least one meeting shall take place after the deadline for filing applications
and before the day of an election, unless no applications have been filed which
could take effect before that election. Notice of a meeting, along with a copy
of the most recent checklist and a separate list of names which have been
challenged and may be removed, shall be posted in two or more public places
within each voting district and lodged in the town clerk's office. A quorum of
the board of civil authority shall be as provided in subdivision (5) of section
2103 of this title, and written notice shall be provided to each member as
established in section 801 of Title 24. (Added 1977, No. 269 (Adj. Sess.), § 1;
amended 1979, No. 200 (Adj. Sess.), § 11.)
§ 2143. Political representation on board of civil
authority
(a) If the board of civil authority of any political subdivision does not
contain at least three members of each major political party, and the party
committee or at least three voters request increased representation for an
underrepresented major political party, by filing a written request with the
clerk of the political subdivision, the legislative body shall appoint from a
list of names submitted to it by the underrepresented party a sufficient number
of voters to the board of civil authority to bring the underrepresented major
party's membership on the board to three. A person's name shall not be submitted
unless he or she consents to serve if appointed.
(b) The persons so appointed shall have the same duties and authority with
respect to elections as have other members of the board; they shall have no
authority with respect to functions of the board of civil authority which are
not related to elections. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979,
No. 200 (Adj. Sess.), § 12; 2001, No. 5, § 13.)
§ 2144. Deadline for applications
(a) The town clerk shall not accept applications for persons' names to be placed on the checklist after 5:00 p.m. on the Wednesday
preceding the day of the election. The town clerk's office shall be kept open on the Wednesday preceding the day of the election from no
later than 3:00 p.m. until 5:00 p.m., for the purpose of receiving applications for addition to the checklist. For purposes of this subsection, a mail
application or an application submitted to the department of motor vehicles in connection with a motor vehicle driver's license or an application
accepted by a voter registration agency shall be considered to have met the filing deadline established by this subsection if the application is
postmarked, submitted or accepted by 5:00 p.m. of the Wednesday preceding the day of the election. (Amended 2007, No. 72 (Adj.Sess.), §1)
(b) If a person is not eligible to register prior to the voter registration deadline,
but expects to be eligible on or before election day, he or she may file with the town clerk a
written notice of intention to apply for addition of his or her name to the checklist. The notice shall be filed prior to the
voter registration deadline, and the town clerk shall then accept the person's application at any time before the close of the polls on
election day, and act upon the application forthwith. (Amended 2007, No. 72 (Adj.Sess.), §1)
(c) If a person is not eligible to register prior to the voter registration deadline, and has submitted a written notice of intent to apply in accord with subsection (b)
of this section, the clerk shall, upon application, allow the applicant to vote absentee. If the application is approved and the name added to the checklist prior to the close
of the polls on election day, the early or absentee ballots cast by that voter shall be treated as other valid early or absentee ballots. (Amended 2007, No. 72 (Adj.Sess.), §1)
(d) In the case of annual meetings and towns that start their annual meetings on
any day preceding the first Tuesday in March as authorized in section 2640(b) of
this title, the "day of election" shall be the first Tuesday in March. (Added
1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 13; 1981,
No. 239 (Adj. Sess.), § 9; 1985, No. 198 (Adj. Sess.), § 7; 1991, No. 118 (Adj.
Sess.), § 2, eff. Feb. 26, 1992; 1995, No. 4, § 1; 1997, No. 47, § 2; 2001, No.
6, § 12(a), eff. April 10, 2001; 2003, No. 59, § 2.)
§ 2144a. Registration
A person who desires to register to vote may apply in any of the following ways:
(1) Simultaneously with his or her application for, or renewal of, a motor
vehicle driver's license as provided in section 2145a of this title.
(2) By completing a voter registration application at a voter registration
agency.
(3) By delivering, during regular hours, or mailing a completed application form
to the office of the clerk of the town in which the applicant claims to be a
resident. (Added 1997, No. 47, § 3.)
§ 2144b. Additions to checklist by town clerk
(a) A town clerk shall review all applications to the voter checklist and shall
approve those applications that meet the requirements of this chapter and
section 2103 of this title. Once approved, application information shall be
added to the statewide voter checklist on an expedited basis. If an applicant
has failed upon the date of the election to provide any information required
upon the application form pursuant to section 2145 of this title, the town clerk
shall notify the applicant that the form was incomplete and the applicant may
provide the information on or before the date of the election.
(b) [Deleted.]
(c) If the town clerk does not determine that an applicant meets the
requirements of section 2121 of this title, the clerk shall immediately forward
the application to the board of civil authority, which shall meet in a timely
manner after the receipt of the application and proceed under section 2146 of
this title to determine whether the applicant meets the requirements of section
2121. For purposes of adding applicants to the checklist, a quorum shall consist
of three members of the board of civil authority.
(d) Periodically, or at least five days prior to each election, the town clerk
shall forward to the board of civil authority a list of additions to the
checklist. (Added 2001, No. 7, § 3, eff. April 10, 2001; amended 2003, No. 59, §
3.)
§ 2145. Application forms
(a) The voter registration application shall be in the form approved by the
federal election commission or by the secretary of state. The application form
approved by the secretary shall include:
(1) A statement informing the applicant of the requirements for voter
eligibility set forth in section 2121 of this title and space for the applicant
to provide the information necessary for the board of civil authority to
determine eligibility, including the applicant's town of residence, street
address and, if the applicant's mailing address is different from his or her
street address, the mailing address.
(2) An attestation by the applicant that he or she satisfies all the voter
eligibility requirements. The attestation shall be signed by the applicant under
penalty of perjury.
(3) The voter's oath and a space for a person administering the voter's oath to
another to execute the written notification required by section 2124 of this
title.
(4) Space for documentation of the board of civil authority's action on the
application.
(5) The following statements:
If you were provided with this form when you applied for, or renewed, a motor
vehicle driver's license or were provided with this application form by a voter
registration agency, you may decline to register. If you decline to register,
your failure to register will remain confidential and will be used only for
voter registration purposes."
If you are submitting this application in connection with a motor vehicle
driver's license application, or renewal, or through a voter registration
agency, the office through which you submitted this application will remain
confidential and will be used only for voter registration purposes."
(6) A statement informing the applicant: "Keep a copy of this application form.
Contact your town clerk to make sure your application has been received. Bring
the copy to the polls when you go to vote. This is your proof you have submitted
an application to the checklist before the deadline for registration."
(b) Except for forms included as part of a department of motor vehicles license
application, the registration application form shall be in four copies. One copy
shall be retained by the applicant; three copies shall be forwarded to the town
clerk. In the case of applications received at voter registration agencies,
three copies shall be forwarded to the secretary of state who shall forward the
copies to the town clerk of the applicant's town of residence. In the case of
forms included as part of a department of motor vehicles license application,
the form shall be in two copies. One copy shall be retained by the applicant;
one copy shall be forwarded to the secretary of state who shall forward the form
to the town clerk of the applicant's town of residence.
(c) A board of civil authority or town clerk may not require a person to
complete any form other than that approved under subsection (a) of this section
or section 2145a of this title; nor may the board of civil authority require all
applicants or any particular class or group of applicants to appear personally
before a meeting of the board or routinely or as a matter of policy require
applicants to submit additional information to verify or otherwise support the
information contained in the application form.
(d) When the board of civil authority acts on an application to add a name to
the checklist, it shall notify the applicant by returning one copy of the
completed application to the applicant and shall send one copy of the completed
application to the town in which the applicant was last registered to vote,
whether within or without the state of Vermont, before adding the applicant's
name and mailing address to the checklist. The original application shall be
filed in the office of the town clerk.
(e) The secretary of state shall provide each town clerk and voter registration
agency with a sufficient number of forms at state expense.
(f) A person who makes a false statement in completing a voter registration
application form or the voter registration portion of an application for a motor
vehicle driver's license knowing the statement to be false shall be subject to
the penalties of perjury as provided in 13 V.S.A. § 2901.
(g) A voter who moves from one address in a town in which that voter is
registered to another address in the same town, or whose name has been changed,
shall not be required to reapply as provided in this section, but shall notify
the town clerk of his or her new name or address, unless such information has
been provided to the department of motor vehicles or a voter registration
agency, so that the voter's name may be changed or transferred, if necessary, to
the proper subdivision of the checklist. The voter registration application form
may be used to notify the clerk or the board that the voter has changed his or
her name or address. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1981, No.
239 (Adj. Sess.), § 10; 1997, No. 47, § 4; 2001, No. 7, § 1, eff. Jan. 1, 2002.)
§ 2145a. Registrations at the department of motor
vehicles
(a) An application for, or renewal of, a motor vehicle driver's license shall
serve as a simultaneous application to register to vote unless the applicant
declines to sign the voter registration portion of the application.
(b) The voter registration portion of the motor vehicle driver's license
application shall provide and request the information required to be provided
under section 2145 of this title and shall be in the form approved by the
secretary of state.
(c) An application for voter registration under this section shall update any
previous voter registration by the applicant. Any change of address form
submitted to the department of motor vehicles in connection with an application
for a motor vehicle driver's license shall serve to update voter registration
information previously provided by the voter, unless the voter states on the
form that the change of address is not for voter registration purposes.
(d) The department of motor vehicles shall transmit voter registration
applications received under this section to the secretary of state not later
than 10 days after the date the application was accepted by the department. In
the case of a voter registration application accepted within five days before
the checklist is closed under section 2144 of this title for a primary or
general election, the application shall be transmitted to the secretary of state
not later than five days after the date of acceptance.
(e) The secretary shall promptly transmit applications received under this
section to the clerks of the appropriate municipalities. (Added 1997, No. 47, §
5.)
§ 2145b. Voter registration agencies
(a) Each voter registration agency shall:
(1) Distribute voter registration application forms approved under section 2145
of this title.
(2) Assist applicants in completing voter registration application forms, unless
the applicant refuses such assistance.
(3) Accept completed voter registration applications and transmit completed
applications to the secretary of state not later than 10 days after the date of
acceptance. In the case of an application accepted within five days before the
checklist is closed under section 2144 of this title for a primary or general
election, the application shall be transmitted to the secretary of state not
later than five days after the date of acceptance.
(b) The secretary shall promptly transmit applications received under this
section to the clerks of the appropriate municipalities.
(c) A voter registration agency shall provide each applicant who does not
decline to register to vote the same degree of assistance with regard to the
completion of the voter registration application that the office provides with
regard to the completion of its own forms, unless the applicant refuses such
assistance. If an agency provides services to a person with a disability at the
person's home, the agency shall provide the services described in subsection (a)
of this section at the person's home.
(d) A voter registration agency that provides services or assistance in addition
to conducting voter registration shall distribute a voter registration
application with each application for the services or assistance provided by the
agency, and with each recertification, renewal or change of address form
relating to those services or assistance. In addition to the voter registration
application form, the agency shall distribute a separate form that includes the
following:
(1) The question, "If you are not registered to vote where you live now, would
you like to apply to register to vote here today?"
(2) In the case of an agency that provides public assistance, the statement,
"Applying to register or declining to register to vote will not affect the
amount of assistance that you will be provided by this agency."
(3) Boxes for the applicant to check to indicate whether the applicant would
like to register or declines to register to vote, together with the statement,
IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO
REGISTER TO VOTE AT THIS TIME."
(4) The statement, "If you would like help in filling out the voter registration
application form, we will help you. The decision whether to seek or accept help
is yours. You may fill out the application form in private."
(5) The statement, "If you believe that someone has interfered with your right
to register or to decline to register to vote, you may file a complaint with the
secretary of state (secretary of state's office address and telephone number)."
(Added 1997, No. 47, § 6.)
§ 2146. Action of board of civil authority
(a) At a meeting to revise the checklist, the board shall determine whether any
person who has applied to be registered to vote meets the requirements of
section 2121 of this title. On demand of a majority of the board present,
applicants may be examined under oath concerning the facts stated in the
application. The board may make such investigation as it deems proper to verify
any statement made under oath by an applicant.
(b) As soon as possible, after receipt of an application, the board shall inform
an applicant of its action as provided in subsection (d) of section 2145 of this
title. If the board rejects an applicant, it shall also notify him forthwith, in
person or by first class mail directed to the address given in the application,
of its reasons. The notice shall be in substantially the following form:
REJECTION OF APPLICATION FOR ADDITION TO CHECKLIST
The Board of Civil Authority of
_________________________________________________,
(Town/City)
having met on ________________, 20___ to consider applications for addition to
the checklist, have found
probable cause, as stated below, to reject the application of
_______________________________
Cause for rejection:
(a) AGE:
(b) CITIZENSHIP:
(c) VOTER'S OATH:
(d) RESIDENCE:
The Board of Civil Authority will meet on the ______________ day of____________,
20___, at ________ o'clock at the following location: ________________________
to reconsider your application and give you an opportunity to appear before the
Board. You may present any information or witnesses you wish at that time, or
you may appeal directly to any superior or district judge in this county or
district. _____________________________________________
Town Clerk or Chairman of Board of Civil Authority
(c) If the notice required under subsection (b) of this section is returned
undelivered, the board of civil authority shall proceed to remove the person's
name from the checklist in the manner set forth in section 2150 of this title.
(Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), §
14; 1981, No. 239 (Adj. Sess.), § 11; 1997, No. 47, §§ 7, 11.)
§ 2147. Alteration of checklist
(a) Pursuant to section 2150 of this title, the board shall add to the checklist
posted in the town clerk's office the names of the voters added and the names
omitted by mistake, and shall strike the names of persons not entitled to vote.
The list so corrected shall not be altered except by:
(1) adding the names of persons as directed by any superior or district judge on
appeal;
(2) adding the names of persons who are legal voters at the election but whose
names are further discovered to be omitted from the completed checklist solely
through inadvertence or error;
(3) adding the names of persons who present a copy of a valid application for
addition to the checklist of that town that was submitted before the deadline
for applications and who otherwise are qualified to be added to the checklist;
(4) adding, at the polling place, the names of persons who sign a sworn
affidavit prepared by the secretary of state that they completed and submitted a
valid application for addition to the checklist of that town before the deadline
for applications and who otherwise are qualified to be added to the checklist;
(5) subdividing the checklist as provided in section 2501 of this title,
including the transfer of names of voters who have moved within a town in which
they are already registered from one voting district within that town to
another; or
(6) adding the names of persons who submitted an incomplete application before
the deadline for application, and who provide that information on or before
election day.
(b) Any correction or transfer may be accomplished at any time until the closing
of the polls on election day. Each voter has primary responsibility to ascertain
that his or her name is properly added to and retained on the checklist. (Added
1977, No. 269 (Adj. Sess.), § 1; amended 2001, No. 7, § 2, eff. April 10, 2001;
2003, No. 59, § 5.)
§ 2148. Appeal from board of civil authority
(a) Any person whose application to vote has been rejected or whose name has
been removed from the checklist may appeal to any superior or district judge in
the county or district in which the applicant claims residence. If there is no
judge available in the county or district, the appeal may be taken to any
superior or district judge. When an appeal is initiated after the Thursday
immediately preceding the day of an election, it shall be conducted at once by
the judge. In all instances, the appeal shall be conducted with sufficient
speed, in order to resolve, when possible, all issues on appeal in sufficient
time to permit a successful appellant to vote at the pending election. Neither
formal pleadings nor filing fee shall be required and an appellant may represent
himself.
(b) An appeal is commenced by presenting an informal but written notice of
appeal to the judge to whom the appeal is taken. The notice need only be
sufficient to identify the appellant and the town in which he has been denied
eligibility to vote. The judge shall forthwith schedule a hearing and notify the
appellant and the town clerk, personally or by certified mail. The appellant and
any other person may present evidence at the hearing, which shall be conducted
informally so as to do substantial justice to all parties.
(c) Upon conclusion of the hearing the judge shall issue a written order, either
affirming the decision of the board of civil authority, or ordering that the
appellant's name be added to the checklist. The applicant shall not be permitted
to vote unless and until the town clerk receives a written order from the court
ordering that the applicant be permitted to vote. (Added 1977, No. 269 (Adj.
Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 15; 1985, No. 198 (Adj. Sess.),
§ 8.)
§ 2149. Conclusiveness of list
(a) A person shall not vote at an election unless his or her name is on the
checklist applicable to the municipality, but the checklist may be amended and
corrected for such election as provided in this title. The eligibility of a
person to vote shall not be challenged on the day of election if the person's
name is on the checklist, except as provided in section 2564 of this title.
(b) Notwithstanding the provisions of subsection (a) of this section:
(1) If the voter registration records indicate that a voter has moved from an
address in the area covered by the polling place, the voter shall be permitted
to vote at that polling place if the voter makes an oral or written affirmation
that he or she continues to reside in the area covered by that polling place.
The affirmation authorized by this subdivision shall be made at the polling
place before an election official.
(2) If a voter who failed to return notice sent pursuant to section 2150 of this
title has moved from an address in the area covered by one polling place to an
address in an area covered by a different polling place within the same
municipality, the voter shall upon oral or written confirmation, be permitted to
correct the voting records and vote in the current election at the appropriate
polling place. The affirmation authorized by this subdivision shall be made at
the appropriate polling place before an election official. (Added 1977, No. 269
(Adj. Sess.), § 1; amended 1997, No. 47, § 8.)
§ 2150. Removing names from checklist
(a) When a voter from one town becomes a resident of another town and is placed
on the checklist there, the clerk shall send one copy of the voter registration
application form or other official notice to the clerk of the town where the
voter was formerly a resident, and that clerk shall strike the voter's name from
the checklist of that town. Likewise, when a town clerk receives a copy of the
death certificate of a voter, public notice of the death of a voter, or official
notice from the department of motor vehicles that a voter has authorized his or
her address to be changed for voting purposes, the clerk shall strike the
voter's name from the checklist. A town clerk shall also strike from the
checklist the name of any voter who files a written request that his or her name
be stricken.
(b) The board of civil authority at any time may consider the eligibility of
persons on the checklist whom the board believes may be deceased, may have moved
from the municipality or may be registered in another place and may remove names
of persons no longer qualified to vote. However, the board shall not remove any
name from the checklist except in accordance with the procedures in subsection
(d) of this section and any systematic program for removing names from the
checklist shall be completed at least 90 days before an election.
(c) In addition to any actions it takes under subsections (a) and (b) of this
section, by September 15 of each odd-numbered year the board of civil authority
shall review the most recent checklist name by name and consider, for each
person whose name appears on the checklist, whether that person is still
qualified to vote. In every case where the board of civil authority is unable to
determine under subdivisions (1) and (2) of subsection (d) of this section that
a person is still qualified to vote, the board of civil authority shall send a
written notice to the person and take appropriate action as provided in
subdivisions (3) through (5) of subsection (d) of this section. The intent is
that when this process is completed there will have been some confirmation or
indication of continued eligibility for each person whose name remains on the
updated checklist.
(d) Except as provided in subsection (a) of this section, a board of civil
authority shall only remove a name from the checklist in accordance with the
following procedure:
(1) If the board of civil authority is satisfied that a voter whose eligibility
is being considered is still qualified to vote in the municipality, the voter's
name shall remain on the checklist, and no further action shall be taken.
(2) If the board of civil authority does not immediately know that the voter is
still qualified to vote in the municipality, the board shall attempt to
determine with certainty what the true status of the voter's eligibility is. The
board of civil authority may consider and rely upon official and unofficial
public records and documents, including but not limited to, telephone
directories, city directories, newspapers, death certificates, obituary (or
other public notice of death), tax records, any checklist or checklists showing
persons who voted in any election within the last four years. The board of civil
authority may also designate one or more persons to attempt to contact the voter
personally. Any voter whom the board of civil authority finds through such
inquiry to be eligible to remain on the checklist shall be retained without
further action being taken. The name of any voter proven to be deceased shall be
removed from the checklist.
(3) If after conducting its inquiry the board of civil authority is unable to
locate a voter whose name is on the checklist, or if the inquiry reveals facts
indicating that the voter may no longer be eligible to vote in the municipality,
the board of civil authority shall send a written notice to the voter. The
notice shall be sent by first class mail to the most recent known address of the
voter asking the voter to verify his or her current eligibility to vote in the
municipality. The notice shall be sent with the required United States Postal
Service language for requesting change of address information. Enclosed with the
notice shall be a postage paid pre-addressed return form on which the voter may
reply swearing or affirming the voter's current place of residence as the
municipality in question or alternatively consenting to the removal of the
voter's name. The notice required by this subsection shall also include the
following:
(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 form to
the town clerk's office on or before the date upon which the checklist is closed
under section 2144 of this title. The statement shall also inform the voter that
if he or she fails to return the form as provided in this subdivision, written
affirmation of the voter's address shall be required before the voter is
permitted to vote.
(B) Information concerning how the voter can register to vote in another state
or another municipality within this state.
(4) If the voter confirms in writing that the voter has changed his or her
residence to a place outside the area covered by the checklist, the board of
civil authority shall remove the voter's name from the checklist.
(5) In the case of voters who failed to respond to the notice sent pursuant to
subdivision (3) of this subsection, the board of civil authority shall remove
the voter's name from the checklist on the day after the second general election
following the date of such notice, if the voter has not voted or appeared to
vote in an election since the notice was sent or has not otherwise demonstrated
his or her eligibility to remain on the checklist.
(6) Notwithstanding the provisions of subdivision (5) of this subsection, if at
any time subsequent to removal of a person's name from the checklist, the board
determines that the person was still qualified to vote and that the voter's name
should not have been removed, the board shall add the person's name to the
checklist as provided in section 2147 of this title. The provisions of this
chapter shall be liberally construed, so that if there is any reasonable doubt
whether a person's name should have been removed from the checklist the person
shall have the right to have the person's name immediately returned to the
checklist.
(7) The board of civil authority shall keep detailed records of its proceedings
under this subchapter for at least two years. These records, except records
relating to a person's decision not to register to vote or to the identity of
the voter registration agency through which any particular voter registered,
shall be public records and shall be available for inspection and copying at
actual cost. The records shall include:
(A) in the case of each name removed from the checklist, a clear statement of
the reason or reasons for which the name was removed,
(B) in the case of the updating of the checklist required by subsection (c) of
this section, the working copy or copies of the checklist used in the name by
name review conducted to ascertain continued eligibility to vote,
(C) the total number of new registrations occurring during the period between
general elections,
(D) the total number of persons removed from the checklist during the period
between general elections, and
(E) lists of the names and addresses of all persons to whom notices were sent
under this subsection, and information concerning whether or not each person to
whom a notice was sent responded to the notice as of the date that inspection of
the records is made. A letter certifying compliance with this section shall be
filed with the secretary of state by September 20 of each odd-numbered year.
Upon request of any superior or district judge or upon request of the secretary
of state the town clerk shall forward a certified copy of the records of
checklist maintenance. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No.
200 (Adj. Sess.), § 16; 1981, No. 239 (Adj. Sess.), § 12, eff. July 1, 1982; §
40, eff. Jan. 1, 1983; 1983, No. 90, §§ 5, 6, eff. April 29, 1983; 1985, No. 45;
1997, No. 47, § 9; 2001, No. 5, § 9; 2003, No. 59, § 6.)
§ 2151. Federal district court
Within 10 days after the date of a presidential election, the town clerk shall
send an unmarked checklist, which was up to date as of election day, to the
clerk of the federal district court for the district of Vermont, and shall
receive the normal fee for such documents. (Added 1981, No. 20.)
§ 2152. Division of checklist
A town clerk may divide the checklist into active and inactive sections. The
active section shall include all the qualified voters of the town, except for
those voters included in the inactive section, pursuant to this provision. The
inactive section shall include only those voters who have failed to respond to
the notice sent pursuant to subdivision 2150(d)(3) of this title. The active and
inactive designations are for recordkeeping purposes only, and shall have no
bearing on voting eligibility. (Added 2001, No. 7, § 4, eff. April 10, 2001.)
§ 2153. Birthday registration drive
The secretary of state may develop and implement a statewide voter registration
program for the purpose of encouraging persons to register to vote on their 18th
birthday. (Added 2001, No. 7, § 5, eff. April 10, 2001.)
§ 2154. Statewide voter checklist
(a) The secretary of state shall establish a uniform and nondiscriminatory,
statewide computerized voter registration checklist. This checklist shall serve
as the official voter registration list for all elections in the state. In
establishing the statewide checklist, the secretary shall:
(1) limit the town clerk to adding, modifying, or deleting applicant and voter
information on the portion of the checklist for that clerk's municipality;
(2) limit access to the statewide voter checklist for a local elections official
to verifying if the applicant is registered in another municipality in the state
by a search for the individual voter;
(3) notify a local elections official when a voter registered in that official's
district registers in another voting district so that the voter may be removed
from that district's checklist;
(4) provide adequate security to prevent unauthorized access to the checklist;
(5) ensure the compatibility and comparability of information on the checklist
with information contained in the department of motor vehicles' computer
systems.
(b) A registered voter's month and day of birth, driver's license number, the
last four digits of the applicant's Social Security number, and street address
if different from the applicant's mailing address shall not be considered a
public record as defined in subsection 317(b) of Title 1. Any person wishing to
obtain a copy of all of the statewide voter checklist must swear or affirm,
under penalty of perjury pursuant to chapter 65 of Title 13, that the person
will not use the checklist for commercial purposes. The affirmation shall be
filed with the secretary of state.
(c) No elections official may access the portion of the statewide voter
checklist that is exempt from public inspection pursuant to subdivision
317(c)(31) of Title 1, except for elections purposes. (Added 2003, No. 59, § 7.)
CHAPTER 45: POLITICAL PARTIES
§ 2301. Organization of major political parties
A major political party shall organize biennially as provided in this chapter.
No person acting on behalf of a major political party shall accept any
contribution or make any expenditure (except for the purpose of organizing under
this chapter) unless the party has a current certificate of organization on file
with the secretary of state. (Added 1979, No. 198 (Adj. Sess.), § 1.)
§ 2302. State chairman to call caucus
The chairman of the state committee of a party shall set a date for members of
the party to meet in caucus in their respective towns, which date shall be
between September 10 and September 30, inclusive, in each odd numbered year. At
least 14 days before the date set for the caucuses, the state chairman shall
mail a notice of the date and purpose of the caucuses to each town clerk and to
each town chairman of the party, and shall cause the notice to be published in
at least two newspapers having general circulation within the state. (Added
1979, No. 198 (Adj. Sess.), § 1.)
§ 2303. Town chairman to give notice
The town chairman or, if unavailable, or if the records of the secretary of
state show there is no chairman, any three voters of the town, shall arrange to
hold a caucus on the day designated by the state chairman, in some public place
within the town, and shall set the hour of the caucus. At least five days before
the day of the caucus the chairman shall post a notice of the date, purpose,
time and place of the caucus in the town clerk's office and in at least one
other public place in town. In towns of one thousand or more population, he
shall also publish the notice in a newspaper having general circulation in the
town. If three voters arrange to call the caucus, the voters shall designate one
of their number to perform the duties prescribed above for the town chairman.
(Added 1979, No. 198 (Adj. Sess.), § 1; amended 1981, No. 239 (Adj. Sess.), §
13.)
§ 2304. Town caucus
(a) At the time and place set for the town caucus, the voters of the party
residing in the town shall meet in caucus and proceed to elect a town committee,
consisting of such number of voters of the town as the caucus deems necessary,
to serve during the following two years or until their successors are elected or
appointed. Additional members of a town committee may be elected by the town
committee at any meeting, and may be eligible to vote on matters before the town
committee at that meeting or at the next meeting, as determined by the members
of the committee before the election.
(b) The voter checklist used by the caucus shall be the most recent checklist
approved by the board of civil authority. (Added 1979, No. 198 (Adj. Sess.), §
1.)
§ 2305. First meeting of town committee
The first meeting of the town committee shall be held immediately following
adjournment of the caucus. At this meeting, members of the town committee shall
elect committee officers and delegates to the county committee. All officers and
other members of the town committee and all delegates to the county committee
shall be voters of the town. (Added 1979, No. 198 (Adj. Sess.), § 1.)
§ 2306. Procedure upon failure to hold caucus
If the voters of the party residing in any town fail to hold a caucus on the day
designated by the state chairman, any three or more voters of the party residing
in the town may call and hold a caucus at any time thereafter, in the manner
provided above. Those voters calling the caucus shall designate one of their
number to perform the duties prescribed above for the town chairman. (Added
1979, No. 198 (Adj. Sess.), § 1.)
§ 2307. Certification of officers and county
committee delegates
Within 72 hours after the caucus, the chairman and secretary of the town
committee shall mail to the secretary of state, the chairmen of the state and
county committees, and the town clerk a copy of the notice calling the meeting
and a certified list of the names and mailing addresses of the officers and
members of the town committee and of the delegates to the county committee. A
committee is not considered organized until it has filed the material required
by this section. The secretary of state shall furnish forms for this purpose to
the chairman of the state committee of a political party. (Added 1979, No. 198
(Adj. Sess.), § 1.)
§ 2308. Composition of county committee
The number of delegates to the county committee which each town caucus is
entitled to elect shall be apportioned by the state committee, based upon the
number of votes cast for the party's candidate for governor in the last
election, provided that each town caucus shall be entitled to elect at least two
delegates. Delegates to the county committee shall be voters of the town, but
need not be members of the town committee; they shall serve during the following
two years or until their successors are elected or appointed. (Added 1979, No.
198 (Adj. Sess.), § 1.)
§ 2309. First meeting of county committee
The chairman of the state committee shall set a date, not more than 30 days
after the date of the party's caucuses, for the first meeting of each county
committee. The state chairman shall notify the chairmen of the county committees
of the date of the meeting and shall publish notice in at least two newspapers
with general circulation within the state. The chairman of the county committee
shall set the hour and place of the meeting and shall notify all delegates-elect
by mail not less than 10 days prior to the meeting. At the time and place set
for the meeting, the delegates shall proceed to elect their officers and perfect
an organization for the ensuing two years. All officers and other members of the
county committee and all delegates to the state committee shall be voters of the
county. (Added 1979, No. 198 (Adj. Sess.), § 1.)
§ 2310. Election of state committee
The chair of the county committee, the national committee man, and the national committee woman shall be members of the state committee.
Each county committee shall be entitled to elect at least two additional members of the state committee, one male and one female. These delegates
need not be members of the county committee. If the rules or bylaws of a state committee provide for apportionment of additional members of the
state committee to come from the county, the county committee also shall elect those additional members. All county committee members and
officers and all persons elected to the state committee shall be voters in the county from which they are elected. County committee members and
delegates to the state committee shall serve for the following two years or until their successors are elected or appointed. (Added 1979, No. 198 (Adj.
Sess.), § 1; amended 2008, No. 85 § 1.)
§ 2311. Certification of county officers and state
committee members
Within 72 hours of the first meeting of the county committee, its chairman and
secretary shall mail to the secretary of state, the county clerk, and the
chairman of the state committee a copy of the notice calling the meeting and a
certified list of the names and mailing addresses of the officers of the county
committee and of the members elected by the county committee to the state
committee. A committee is not considered organized until it has filed the
material required by this section. The secretary of state shall prescribe and
furnish forms for this purpose. (Added 1979, No. 198 (Adj. Sess.), § 1; amended
1985, No. 198 (Adj. Sess.), § 9.)
§ 2312. First meeting of the state committee
The chairman of the state committee shall name an hour and place of meeting on a
day not less than 15 nor more than 30 days after the day set for the first
meeting of the county committee of the party, at which time the members-elect of
the state committee shall meet and perfect an organization for the ensuing two
years. The chairman of the state committee shall notify all members-elect of the
state committee in writing, at least seven days before the day set for the
meeting. (Added 1979, No. 198 (Adj. Sess.), § 1.)
§ 2313. Filing of certificate of organization
Within ten days after the first meeting of the state committee of a party, the
chair and secretary shall file in the office of the secretary of state a
certificate stating that the party has completed its organization for the
ensuing two years and has substantially complied with the provisions of this
chapter. However, no state committee shall be eligible to file a certificate of
organization unless it has town committees organized in at least 15 towns in
this state by January 1 of the year of the general election. The certificate of
organization shall set forth the names and mailing addresses of the officers and
members of the state committee, together with the counties which they represent.
It shall also designate, in not more than three words, the name by which the
party shall be identified on any Australian ballot and shall be accompanied by a
copy of the notice calling the meeting. The secretary of state shall prescribe
and furnish the form to be used for this purpose. Upon receipt of a certificate
of organization, the secretary of state promptly shall notify all persons who
have registered with the secretary of state asking to be notified of such
filings. Within ten days, the secretary of state shall accept a certificate of
organization if it appears to be valid on its face or reject it if it is not.
The secretary of state may reject a certificate of organization if the political
or other name is not substantially different from the name of any organized
political party. When a certificate is rejected, the secretary of state promptly
shall notify the chair and secretary of the committee to inform them in writing
of the reasons for rejection. A committee is not considered organized until the
material required by this section has been filed and accepted. (Added 1979, No.
198 (Adj. Sess.), § 1; amended 1983, No. 90, § 3, eff. April 29, 1983; 2001, No.
5, § 16.)
§ 2314. Officers required
Every committee of a political party is required to elect a chairman, a vice
chairman, a secretary, treasurer and an assistant treasurer, who need not be
members of the committee at the time of their election, but who become members,
with full voting rights, upon their election. A committee may also elect from
among its members such other officers as it deems appropriate to its work.
(Added 1979, No. 198 (Adj. Sess.), § 1.)
§ 2315. Adoption of rules and bylaws
Every committee of a political party is authorized to adopt rules and bylaws
consistent with law. Every rule or bylaw may be amended by simple majority vote
of those present and voting at any meeting of the committee, provided written
notice of the proposed amendment is given to all committee members at least
seven days prior to the meeting. All rules, bylaws, and amendments thereto shall
be filed with the secretary of state, and the copies filed shall be the official
copies. (Added 1979, No. 198 (Adj. Sess.), § 1.)
§ 2316. Secret ballot
At every caucus or meeting of a political committee, if there is a contest for
nomination, recommendation, or election to any office or position, the vote
shall be taken by secret written ballot. (Added 1979, No. 198 (Adj. Sess.), §
1.)
§ 2317. Voters not to participate in more than one
party
No voter shall vote in the biennial town caucus of more than one party in the
same year, nor shall any voter simultaneously hold membership on the committees
of more than one political party. (Added 1979, No. 198 (Adj. Sess.), § 1.)
§ 2318. Organization of minor political parties
A minor political party may organize in the manner set forth in this subchapter
or in another manner which its members deem appropriate. Minor political parties
shall comply with the filing requirements of sections 2307, 2311 to the extent
applicable, and 2313 of this title, except that they need not be organized in 15
towns. They shall also comply with the procedural requirements of sections 2303
through 2306 and 2313 of this title, but need not comply with other procedural
requirements in sections 2301, 2302, 2308 through 2310, and 2312 of this title.
Minor political parties shall also comply with sections 2314 through 2317 of
this title. (Added 1979, No. 198 (Adj. Sess.), § 1.)
§ 2319. Party conventions for platforms and
presidential elections
On or before the fourth Tuesday in September in each even numbered year, upon
the call of the chairman of the state committee of the party, a party platform
convention of each organized political party shall be held to make and adopt the
platform of the party. In presidential years the convention shall be the same
convention held to nominate presidential electors. (Added 1979, No. 198 (Adj.
Sess.), § 1.)
§ 2320. Delegates to state platform convention
Delegates to the state platform convention shall be the members of the national
committee, the state committee and the county committees of the party, the
chairmen of the town committees of the party, the nominees of the party for
state officers, state senators, county officers and representatives to the
general assembly and certain other members of the party, not to exceed twelve,
if selected by the state committee of the party. Upon application of the
chairman of the state committee of a party, the secretary of state shall deliver
to him a duly certified roll of the nominees of that party for the several
offices named in this section. The secretary of the state committee of the party
shall make and certify a roll of the convention, made in accordance with this
section, and none but certified delegates shall take part in the convention.
(Added 1979, No. 198 (Adj. Sess.), § 1.)
CHAPTER 47: PARTY ORGANIZATION
§ 2321. Representative district committee
The "representative district committee" of a party shall consist of those
members of the town committee residing in a representative district, as finally
established by the legislative apportionment board. A representative district
committee may encompass less than an entire town or may extend across town
lines. Such a committee shall elect its own officers when called upon to meet,
but it need not meet unless required to perform some function under this title.
Any three members may call the first meeting by giving at least five days
written notice to all other members; thereafter, the committee shall meet at the
call of the chair. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 2003, No. 59,
§ 8.)
§ 2322. Senatorial district committee
The "senatorial district committee" of a party shall consist of those members of
the county committee residing in a senatorial district. A senatorial district
committee may encompass less than an entire county or may extend across county
lines. Such a committee shall elect its own officers when called upon to meet,
but it need not meet unless required to perform some function under this title.
Any three members may call the first meeting by giving at least five days
written notice to all other members; thereafter, the committee shall meet at the
call of the chair. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 2003, No. 59,
§ 9.)
§ 2323. Probate district committee
The "probate district committee" of a party shall consist of those members of
the county committee residing in a probate district. Such a committee shall
elect its own officers when called upon to meet, but it need not meet unless
required to perform some function under this title. The chair of the county
committee may call the first meeting by giving at least five days written notice
to all other members; thereafter the committee shall meet at the call of the
probate district chair. (Added 1981, No. 239 (Adj. Sess.), § 21; amended 2003,
No. 59, § 10.)
CHAPTER 49: NOMINATIONS
Subchapter I. Primary Elections
§ 2351. Primary election
A primary election shall be held on the fourth Tuesday in August in each even numbered year for the nomination of
candidates of major political parties for all offices to be voted for at the succeeding general election, except candidates for
president and vice-president of the United States, their electors, and justices of the peace. (Added 1977, No. 269
(Adj. Sess.), § 1; amended 2010, No. 73 § 1.)
§ 2352. Nomination of candidates prior to special
election
When the governor or any court, pursuant to law, orders a special election to be held for any of the offices covered by section 2351 of this title,
a special primary election shall be held on the Tuesday which falls not less than 60 days nor more than 66 days prior to the date set for the
special election. The nomination of candidates prior to a special election, including nomination both by primary and by other means, shall be
governed by the rules applicable to nomination of candidates prior to the general election, except as may be specifically provided in this chapter.
The term "general election", as used in this chapter, shall be deemed to include a special election, unless the context requires a different
interpretation. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 2010, No. 73 § 1.)
§ 2353. Petitions to place names on ballot
(a) The name of any person shall be printed upon the primary ballot as a
candidate for nomination by any major political party for any office indicated,
if petitions containing the requisite number of signatures made by legal voters,
in substantially the following form, are filed with the proper official,
together with the person's written consent to having his name printed on the
ballot:
I join in a petition to place on the primary ballot of the _________________
party the name of ________________________, whose residence is in the (city),
(town) of ______________________ in the county of _________________________ ,
for the office of ______________________ to be voted for on Tuesday, the
______________________ day of August, 20 _______; and I certify that I am at
the present time a registered voter and am qualified to vote for a candidate for
this office.
(b) A person's name shall not be listed as a candidate on the primary ballot of
more than one party in the same election. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979,
No. 200 (Adj. Sess.), § 17; amended 2008, No. 121 § 6; amended 2010, No. 73 § 1.)
§ 2354. Signing petitions
Any number of voters may sign the same petition. A voter's signature shall not
be valid unless at the time he signs the voter is registered and qualified to
vote for the candidate whose petition he signs. Each voter shall indicate his
town of residence next to his signature. The signature of a voter on a
candidate's petition does not necessarily indicate that the voter supports the
candidate. A voter shall not sign more than one petition for the same office,
unless more than one nomination is to be made, in which case he may sign as many
petitions as there are nominations to be made for the same office. A petition
shall contain the name of only one candidate. (Added 1977, No. 269 (Adj. Sess.),
§ 1; amended 1979, No. 200 (Adj. Sess.), § 18.)
§ 2355. Number of signatures required
The number of signatures on primary petitions shall be not less than:
(1) For state and congressional officers, five hundred;
(2) For county officers or state senator, one hundred;
(3) For representative to the general assembly, fifty. (Added 1977, No. 269
(Adj. Sess.), § 1.)
§ 2356. Time for filing petitions
Primary petitions and statements of nomination from minor party candidates and independent candidates
shall be filed no sooner than the second Monday in May and not later than 5:00 p.m. on the second Thursday
after the first Monday in June preceding the primary election prescribed by section 2351 of this title, and not later
than 5:00 p.m. of the 62nd day prior to the day of a special primary election. (Added 1977, No. 269
(Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 19; 2003, No. 59, § 11; amended 2010, No. 73 § 1.)
§ 2357. Place of filing petition
(a) Primary petitions and consent forms shall be filed as follows:
(1) For state and congressional officers, with the secretary of state;
(2) For county officers with the county clerk;
(3) For state senator, with the senatorial district clerk;
(4) For representative to the general assembly, with the representative district clerk.
(Added 1977, No. 269 (Adj. Sess.), § 1; amended 2007, No. 54 (Adj. Sess.), § 1)
(b) The public official designated to accept a petition shall not accept a nominating petition unless a
completed and signed consent form is filed at the same time. (Amended 2007, No. 54 (Adj. Sess.), § 1)
§ 2358. Examining petitions, supplementary petitions
(a) The officer with whom primary petitions are filed shall examine them and
ascertain whether they contain a sufficient number of legible signatures. The
officer shall not attempt to ascertain whether there are a sufficient number of
signatures of actual voters, however, unless the officer has reason to believe
that the petitions are defective in this respect.
(b) If found not to conform, he shall state in writing on a particular petition
why it cannot be accepted, and within seventy-two hours from receipt he shall
return it to the candidate in whose behalf it was filed. In such case,
supplementary petitions may be filed not later than ten days after the date for
filing petitions. However, supplementary petitions shall not be accepted if
petitions with signatures of different persons totaling at least the required
number were not received by the filing deadline.
(c) A signature shall not count for the purpose of meeting the requirements of
section 2355 of this title if the officer with whom primary petitions are filed:
(1) cannot identify the name of the person who signed, or
(2) if necessary, determines that the person is not on the checklist of the town
which the person indicates as his town of residence.
(d) An officer with whom primary petitions may be filed may obtain from the
appropriate town clerks certified copies of current checklists as needed to
verify the adequacy of primary petitions; town clerks who are asked by a filing
officer to furnish certified copies of checklists for this purpose shall furnish
the copies promptly and without charge. (Added 1977, No. 269 (Adj. Sess.), § 1;
amended 1979, No. 200 (Adj. Sess.), § 20; 1985, No. 197 (Adj. Sess.), § 5.)
§ 2359. Notification to secretary of state
Within three days after the last day for filing petitions, all town and county
clerks who have received petitions shall notify the secretary of state of the
names of all candidates, the offices for which they have filed, and whether each
has submitted a sufficient number of valid signatures to comply with the
requirements of section 2355 of this title. Town and county clerks shall also
notify the secretary of state of any petitions found not to conform to the
requirements of this chapter and returned to a candidate under section 2358 of
this title, and shall notify the secretary of state of the status of such
petition not later than two days after the last day for filing supplementary
petitions. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj.
Sess.), § 21.)
§ 2360. Preservation of petitions
The secretary of state and county and town clerks shall retain the primary
petitions filed with them until 30 days following the general election for which
they were used, at which time they may be destroyed. (Added 1977, No. 269 (Adj.
Sess.), § 1.)
§ 2361. Consent of candidate
A candidate for whom petitions containing sufficient valid signatures have been
filed shall file with the official with whom the petitions were filed a consent
to the printing of the candidate's name on the ballot. The secretary of state
shall prepare and furnish forms for this purpose. The consent shall set forth
the name of the candidate, as the candidate wishes to have it printed on the
ballot, the candidate's town of residence and correct mailing address. The
consent shall be filed on or before the day petitions are due. Unless a consent
is filed, the candidate's name shall not be printed on the primary ballot.
(Added 1977, No. 269 (Adj. Sess.), § 1; amended 1985, No. 137 (Adj. Sess.), § 2;
2001, No. 83 (Adj. Sess.), § 1; 2003, No. 59, § 12.)
§ 2362. Primary ballots
(a) The ballots shall be prepared and furnished to the towns by the secretary of state and shall contain the names of all
candidates for nomination at the primary. A separate ballot for each major political party in the same format as is used for optical
scan tabulator ballots shall be printed in substantially the following form:
OFFICIAL VERMONT PRIMARY ELECTION BALLOT
VOTE ON ONE PARTY BALLOT ONLY AND PLACE IN BALLOT BOX OR VOTE TABULATOR
ALL OTHER PARTY BALLOTS MUST BE PLACED IN UNVOTED BALLOT BOX
[MAJOR POLITICAL PARTY NAME]
Instructions to voters: To vote for a candidate whose name is printed on the ballot, mark a cross (X) or fill in the oval at the right of that
person's name and party designation.
To vote for a candidate whose name is not printed on the ballot, write the person's name on the blank
line in the appropriate block.
When there are two or more persons to be elected to one office, you may vote for any number of
candidates up to and including the maximum number. (Amended 2007, No. 54 (Adj. Sess.), § 2)
(b) Following the names of candidates printed on the ballot after the name of each office to be filled, shall be
as many blank lines for write-in candidates as there are persons to be elected to that office. If no primary petition is
filed for an office or for a candidate belonging to a party, the ballot shall contain the name of the office and blank lines for write-in candidates.
(Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), §22; amended 2007, No. 54 (Adj. Sess.), § 2)
§ 2363. Separate party ballots
(a) The names of all candidates of a party shall be printed upon one ballot.
Each section shall bear in print larger than any other print on the ballot the
words VOTE IN ONE PARTY ONLY OR YOUR BALLOT WILL BE VOID in a prominent place on
the ballot. The voter shall vote for the candidates of one party only. A person
voting at the primary shall not be required to indicate his party choice to any
election official.
(b) All voting machines used in primary elections shall be so equipped that the
voter can cast his vote for candidates within one party only, and without
disclosing the party for whose candidates he is casting his vote. (Added 1977,
No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 23.)
§ 2368. Canvassing committee meetings
After the primary election is conducted, the canvassing committee for state and
national offices and statewide public questions shall meet at 10 a.m. one week
after the day of the election. The canvassing committee for county offices and
countywide public questions and state senator shall meet at 10 a.m. on the third
day following the election. The canvassing committees for local offices and
local public questions, including state representative, shall meet at 10 a.m. on
the day after the election, except that in the case of canvassing committees for
state representative in multi-town representative districts, the committees
shall meet at 10 a.m. on the third day after the election. (Added 1977, No. 269
(Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 24; amended 1985, No.
197 (Adj. Sess.), § 6.)
§ 2369. Determining winner; tie votes
Persons who receive a plurality of all the votes cast by a party in a primary shall be candidates of that party
for the office designated on the ballot. If two or more candidates of the same party are tied for the same office,
the choice among those tied shall be determined:
(1) Upon five days' notice and not later than 10 days following the primary election, the state committee of a party,
for a state or congressional office; the senatorial district committee for state senate; the county committee for county office;
or the representative district committee for a representative to the general assembly shall meet to nominate a candidate from
among the tied candidates. (Amended 2010, No. 73 § 1.)
(2) The committee chair shall certify the candidate nomination for the general election to the secretary of state within
48 hours of the nomination. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 2010, No. 73 § 1.)
§ 2370. Write-in candidates
A write-in candidate shall not qualify as a primary winner unless he receives at
least one-half the number of votes required for his office on a primary
petition, except that if a write-in candidate receives more votes than a
candidate whose name is printed on the ballot, he may qualify as a primary
winner. The write-in candidate who qualifies as a primary winner under this
section must still be determined a winner under section 2369 of this title
before he becomes the party's candidate in the general election. (Added 1977,
No. 269 (Adj. Sess.), § 1.)
§ 2371. Nominees; notice to nominees
(a) The canvassing committee shall prepare and sign certificates of nomination
and mail or deliver in person to each candidate nominated a notice of his or her
nomination within two days after their meeting. On each certificate the
canvassing committee shall indicate the name, town of residence, party
affiliation and mailing address of the candidate nominated. At the same time
that they mail or deliver the certificates of nomination, the canvassing
committees shall also file with the office of the secretary of state a list
showing the vote for each candidate of each party for each office.
(b) Unless a person who is notified of being nominated withdraws the candidacy,
the person's name, residence, and party affiliation shall be printed upon the
general election ballot in the same manner as they appear in the notice of
nomination; provided, however, that within five days of the date of mailing or
personal delivery a candidate may request that an error in the candidate's name,
residence, or party affiliation be corrected or that the candidate's preference
as to the candidate's own name be used on the ballot. The candidate shall also
have the right to make the choice as set forth in section 2474 of this title.
(Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), §
25; amended 1985, No. 197 (Adj. Sess.) § 1.)
Subchapter II. Nomination by Party Committee
§ 2381. Applicability of subchapter
(a) A candidate may also be nominated and have the candidate's name printed on
the general election ballot in accordance with the provisions set forth in this
subchapter, in the following instances:
(1) In case of a vacancy on the general election ballot occasioned by death,
removal, or withdrawal of a candidate, or the failure of a major political party
to nominate a candidate by primary;
(2) In case a minor political party desires to nominate a candidate for any
office for which major political parties nominate candidates by primary or for
the offices of president and vice-president of the United States;
(3) In case of nomination for the office of justice of the peace, in the event
that such nomination has not already been made by caucus as provided in section
2413 of this title.
(b) In no event may any committee nominate a candidate or candidates for
statewide office under this subchapter unless the political party has town
committees organized in at least 10 towns in this state in accordance with
procedures in chapter 45 of this title. (Added 1977, No. 269 (Adj. Sess.), § 1;
amended 1979, No. 198 (Adj. Sess.), § 3; No. 200 (Adj. Sess.), § 26; amended
1985, No. 196 (Adj. Sess.), § 24.)
§ 2382. Which committee to nominate
Nominations of party candidates pursuant to this subchapter shall be made by the
following political committee of the party:
(1) By the state committee in the case of state or congressional officers;
(2) By the county committee in the case of county officers;
(3) By the senatorial district committee in the case of the office of state
senator;
(4) By the representative district committee in the case of the office of
representative to the general assembly;
(5) By the town committee in the case of the office of justice of the peace.
(Added 1977, No. 269 (Adj. Sess.), § 1.)
§ 2383. Notice of meetings
The chairman of the appropriate committee, or if the chairman has not called a
meeting then any three members of the committee, may set a date, time, and place
for a committee meeting for the nomination of candidates pursuant to this
subchapter and shall give not less than five days' notice in writing to all
members of the committee. The notice shall specifically state the offices for
which nominations may be made. (Added 1977, No. 269 (Adj. Sess.), § 1.)
§ 2384. Procedure upon meeting
At the time and place set for the meeting, the committee shall proceed to
nominate such candidates as it may desire pursuant to this subchapter.
Nomination shall require a majority of those present and voting, and if no
candidate shall have received a majority after two ballots, the candidate with
the lowest number of votes in the second and in each succeeding ballot shall be
eliminated until a candidate receives a majority. (Added 1977, No. 269 (Adj.
Sess.), § 1.)
§ 2385. Statement by committee officers; consent of
candidate
(a) When a nomination is made under the provisions of this subchapter, the
chairman and the secretary of the committee making the nomination shall file a
statement of nomination in substantially the following form:
The ____________________________ (name of committee)
met on _______________________________ and nominated the (date)
following person (or persons) to be a candidate (or candidates) of the
____________________________
(Name of political party)
for the office (or offices) indicated
___________________________________________________________
(Name of candidate) (residence) (office for which nominated)
Notice of the meeting was properly given in compliance with all requirements of
section 2383 of Title 17 and the procedures required by section 2384 of Title 17
were followed. A copy of the notice of the meeting is attached.
"We swear under oath that we understand the above provisions of law and that the
statements we have made in this document are true. Sworn to before me
______________________________________________ Notary Public Signature of
Chairman
______________________________________________ Date Signature of Secretary
(b) The statement of nomination shall be signed by the chairman or acting
chairman and secretary or acting secretary of the committee making the
nomination. They shall swear in their statement of nomination that the notice
requirements of section 2383 of this title and procedural requirements of
section 2384 of this title were complied with and that the persons listed as
candidates were nominated at the meeting.
(c) A copy of the notice that was sent to all committee members pursuant to
section of this title shall be filed along with the statement of nomination.
(d) Except in the case of nominations for justice of the peace, the candidate
named in the statement shall file a consent to having the candidate's name
printed on the ballot, similar in form to the consent required in section 2361
of this title before the last day for filing statements of nomination. It shall
be sufficient for meeting this requirement if the candidate signs the statement
of nomination with a statement in substantially the following form:
I consent to having my name printed on the general election ballot for the
office of
____________________________________________.
(office for which nomination was made)
My name (as I wish it to appear on the ballot), town or city of residence and
party are as follows:
______________ __________________________ ________________________
Name (please print) Town of residence (please print) Party (please print)
________ ______________________________________________________
Date Signature of Candidate
_____________________________________________________
Mailing Address
(e) In the case of nominations by town committee or caucus for the office of
justice of the peace, before filing the statement of nomination the chairman,
acting chairman, secretary or acting secretary shall check with each nominee and
confirm that he consents to have his name printed on the ballot as a candidate
for that position and to serve if elected. (Added 1977, No. 269 (Adj. Sess.), §
1; amended 1979, No. 200 (Adj. Sess.), § 27; amended 1985, No. 137 (Adj. Sess.),
§ 1; 2001, No. 83 (Adj. Sess.), § 2.)
§ 2386. Time for filing statements
(a) Statements pursuant to this subchapter, except for vacancies created by the death or withdrawal of a
candidate after the primary, shall be filed as set forth in section 2356 of this title. (Amended 2010, No. 98, § 1.)
(b) In the case of the death or withdrawal of a candidate after the primary election, the party committee shall have
seven days from the date of the withdrawal to nominate a candidate. In no event, shall a statement be filed later than
60 days prior to the election. (Amended 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 28;
1985, No. 197 (Adj. Sess.), § 7; 2001, No. 83 (Adj. Sess.), § 3; 2003, No. 59, § 13; amended 2010, No. 73, § 1.)
§ 2387. Place for filing statements
Statements for the office of justice of the peace shall be filed with the town
clerk. All other statements and consents shall be filed with the secretary of
state. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.),
§ 29.)
Subchapter III. Independent Candidates
§ 2401. Applicability of subchapter
A person may be nominated and have his or her name printed on the general
election ballot for any office by filing a consent similar in form to the
consent prescribed by section 2361 of this title and a statement of nomination
with the secretary of state. In the case of a nomination for justice of the
peace, the consent form and statement of nomination shall be filed with the town
clerk. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1985, No. 196 (Adj. Sess.),
§ 8; 1995, No. 95 (Adj. Sess.), § 1.)
§ 2402. Requisites of statement
(a) A statement of nomination shall contain:
(1) The name of the office for which the nomination is made;
(2) The candidate's name and residence;
(3) If desired, a name, or other identification (in not more than three words)
to be printed on the ballot following the candidate's name;
(4) In the case of nomination for president or vice-president of the United States, the name and state of residence of each candidate for such
office, together with the name, town of residence, and correct mailing address of each nominee for the office of elector. The statement of
nomination shall include certification by the town clerk of each town where the signers appear to be voters that the persons whose names appear
as signers of the statement are registered voters in the town and of the total number of valid signers from the town. Only the number of signers
certified by each town clerk shall count toward the required number of signatures. The statement shall also be accompanied by a consent form
from each nominee for elector. The consent form shall be similar to the consent form prescribed in section 2361 of this title. (Amended 2008,
No. 121 § 7.)
(b) To constitute a valid nomination, a statement shall contain signatures of
voters qualified to vote in an election for the office in question, equal in
number to at least:
(1) For presidential and vice-presidential offices, 1,000;
(2) For state and congressional offices, 500;
(3) For county officers or state senators, 100;
(4) For representative to the general assembly, 50;
(5) For justice of the peace, 30 or one percent of the legal voters of the
municipality, whichever is less.
Signatures need not all be contained on one paper.
(c) A statement shall state that each signer is qualified to vote in an election for the office in question and that the voter's residence is as set forth
next to the voter’s name.
(d) A statement of nomination and a completed and signed consent form shall be filed as set forth in section 2356 of this title.
No public official receiving nominations shall accept a petition unless a completed and signed consent form is filed at the same time.
(Amended 2010, No. 98, § 1.)
(e) The secretary of state shall prescribe and furnish forms for a statement of
nomination. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj.
Sess.), §§ 30-32; 1985, No. 196 (Adj. Sess.), § 9; 1995, No. 95 (Adj. Sess.), §
2; 2001, No. 83 (Adj. Sess.), § 4; amended 2007, No. 54 (Adj. Sess.); amended 2008, No. 121 § 7.)
§ 2403. Number of candidates; party names
A statement of nomination shall contain the name of only one candidate, except
in the case of presidential and vice-presidential candidates, who may be
nominated by means of the same statement of nomination. A person shall not sign
more than one statement of nomination for the same office. The political or
other name on a statement of nomination shall be substantially different from
the name of any organized political party. It shall also be substantially
different from the political or other name already appearing on any other
statement of nomination for the same office then on file with the same officer
for the same election; if the secretary of state determines that it is not
substantially different, the candidate named on the statement shall select a
different political or other name, otherwise the secretary may reject the
statement of nomination. Except in the case of presidential and
vice-presidential candidates, the word "independent" may not be used as part of
a party name; if no party is indicated, the word "Independent" shall be printed
on the ballot, and no candidate appearing on the ballot as a candidate of a
political party shall also appear on the ballot as an "Independent." (Added
1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 33; 1985,
No. 196 (Adj. Sess.), § 10; 2001, No. 5, § 15.)
§ 2404. Preservation of statements
The secretary of state shall preserve all statements until three months after
the general election, after which they may be destroyed. (Added 1977, No. 269
(Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 34; 1985, No. 196 (Adj.
Sess.), § 11.)
Subchapter IV. Miscellaneous Provisions
§ 2411. Applicability of other law
Except as specifically provided in this chapter, all other provisions of this
title shall govern the several procedures specified in this chapter for the
making of nominations. (Added 1977, No. 269 (Adj. Sess.), § 1.)
§ 2412. Withdrawal of candidacy
A candidate who has been validly nominated by one of the methods prescribed in
this chapter shall have a right to withdraw his or her candidacy up until 5:00
p.m. on the third day following the primary by filing a written notice of
withdrawal with the town clerk in case of a candidate for justice of the peace,
and with the secretary of state in case of all other offices. The name of a
candidate who has withdrawn shall not be printed on the ballot. After that date,
if the candidate has filed a written notice of withdrawal, the town clerk or
secretary of state may still remove the candidate's name from the ballot up
until the printing deadline. (Added 1977, No. 269 (Adj. Sess.), § 1; amended
1979, No. 200 (Adj. Sess.), § 35; 2003, No. 59, § 14.)
§ 2413. Nomination of justices of the peace
(a) The party members in each town, on or before the first Tuesday of August in each even numbered year, upon the call of the
town committee, may meet in caucus and nominate candidates for justice of the peace. The committee shall give notice of the caucus as
provided in subsection (d) of this section and the chairman and secretary shall file the statements required in section 2385 of this title not
later than 5:00 p.m. on the third day following the primary election. (Amended 2010, No. 98, § 1.)
(b) If it does not hold a caucus as provided in subsection (a) of this section, the town committee shall meet and nominate candidates for
justices of the peace as provided in sections 2381 through 2385 of this title. (Amended 2010, No. 98, § 1.)
(c) In any town in which a political party has not formally organized, any three members of the party who are voters in the town may call a
caucus to nominate candidates for justice of the peace by giving notice as required in subsection (d) of this section. Upon meeting, the
caucus shall first elect a chairman and a secretary. Thereafter the caucus shall nominate its candidates for justice of the peace, and
cause its chairman and secretary to file the statements required in section 2385 of this title not later than 5:00 p.m. on the third day
following the primary election. (Amended 2010, No. 98, § 1.)
(d) of this section. Upon meeting, the caucus shall first elect a chairman and a
secretary. Thereafter the caucus shall nominate its candidates for justice of
the peace, and cause its chairman and secretary to file the statements required
in sections 2385 through 2387 of this title.
(d) When a caucus is held to nominate candidates for justice of the peace, the
town committee or other persons calling the caucus shall post the notice of
caucus in at least three public places in the town, not less than seven days
before the date of the caucus; in towns having a population of more than 1,000,
they shall also publish the notice of caucus in a newspaper having general
circulation in the town, not less than three days before the date of the caucus.
(Added 1979, No. 200 (Adj. Sess.), § 36.)
Subchapter V. Presidential Nominations
§ 2420. Repealed. 1985, No. 198 (Adj. Sess.), § 10.
§§ 2364-2367. Repealed. 1979, No. 200 (Adj. Sess.), §
120.
CHAPTER 51: CONDUCT OF ELECTIONS
§ 2451. Board of civil authority
The board of civil authority shall have charge of the conduct of elections
within the political subdivision for which it is elected. At any time before an
election, the board of civil authority may issue guidance for elections
officials that assists officials in conducting elections within the political
subdivision. Guidance issued by the board shall not conflict with federal or
state elections laws. A quorum of the board of civil authority shall be
available at all times when the polls are open, and those members of the board
of civil authority present at a polling place shall constitute a quorum for the
transaction of business relating to the conduct of the election and the
qualification and registration of voters at this polling place. (Added 1977, No.
269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 38; 2003, No. 59, §
16.)
§ 2452. Presiding officer
(a) The town clerk shall be the presiding officer unless the town by vote at an
annual meeting or by charter shall provide otherwise. If the regular presiding
officer is unavailable or unable to preside at any given election, then the
board of civil authority shall promptly appoint a voter of the town to serve as
the presiding officer at that election.
(b) If more than one polling place is used, the board shall appoint a presiding
officer for each additional polling place. These presiding officers for
additional polling places shall be appointed for no more than two year terms,
but may be reappointed and may have their appointments revoked. (Added 1977, No.
269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 39.)
§ 2453. Duties of presiding officer
The presiding officer shall be responsible for preparation of polling places and
voting equipment, opening and closing the polls, scheduling the working hours of
all election officials, counting votes and certifying the results of the count,
securing all ballots, maintaining order at the polls, and in all things assuring
that the election is conducted according to law. If it is necessary for the
presiding officer to be absent from the polling place during any part of the
election, he shall designate another to act in his stead until he returns. The
presiding officer shall make every reasonable effort to assure that at least one
election official from each major party is present at the polling place at all
times. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.),
§ 40.)
§ 2454. Assistant election officers
(a) Prior to the day of the election, the board of civil authority shall appoint a sufficient number of voters
from each municipality to serve as assistant election officers. As far as possible, the board shall attempt to appoint an
equal number of persons from each major political party. Each assistant election officer shall be sworn prior to entering
on the performance of his or her duties. An assistant town clerk may serve as an assistant elections officer, regardless of
his or her residence.
(b) The board of civil authority may appoint residents of a municipality who are 16 or 17 years old to serve as
assistant elections officers in their respective polling places. Youth assistant elections officers shall have the same
duties as adult assistant elections officers but shall work under the direct supervision of adult elections officials.
(Added 1977, No. 269 (Adj. Sess.), § 1; amended 2003, No. 4, § 1; amended 2003, No. 59, § 17; amended 2009, No. 40 (Adj. Sess.), § 1.)
§ 2455. Duties of election officials
The assistant election officers, together with the presiding officer and the
board of civil authority, shall constitute the election officials. Except as may
be specifically provided in this title, the presiding officer shall notify each
election official of the hours when he shall be present to work at the polls and
the duties assigned to each election official. (Added 1977, No. 269 (Adj. Sess.),
§ 1.)
§ 2456. Disqualifications
Notwithstanding the preceding sections of this subchapter, no person shall serve as an election official in any election in which his or her name
appears on a ballot of the Australian ballot system as a candidate for any office unless he or she is the only candidate for that office, or unless
the office for which he or she is a candidate is that of moderator, justice of the peace, town clerk, treasurer, ward clerk, or inspector of elections.
When an Australian ballot is not used, a person shall not serve as an election official during the election to fill any office for which he or she is a
nominee. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1981, No. 239 (Adj. Sess.), § 14; 2001, No. 5, § 4; amended 2008, No. 121 § 8.)
§ 2457. Workshops and information for election
officials
(a) The secretary of state shall organize regional workshops for election
officials, provide them with informational materials about the conduct of
elections and recounts and otherwise help them run elections in conformance with
state and federal law.
(b) The regular presiding officer of each town or an assistant designated by the
board of civil authority shall attend, at the town's expense, at least one of
these election workshops every two years.
(c) The town clerk of each town shall provide the secretary of state with the
names and addresses of all members of the board of civil authority and shall
promptly notify him of any changes in the list. The secretary of state shall
invite all members of the boards of civil authority to the workshops and provide
them with informational materials. (Added 1979, No. 200 (Adj. Sess.), § 41;
amended 1985, No. 148 (Adj. Sess.), § 1; 2003, No. 59, § 15.)
§ 2458. Complaint procedure
The secretary of state shall adopt rules to establish a uniform and
nondiscriminatory complaint procedure to be used by any person who believes that
a violation of this title or any other provision of Title III of United States
Public Law 107-252 has occurred, is occurring, or is about to occur. For
purposes of this section, "complaint" shall mean a statement in writing made by
a voter stating, with particularity, the violation, notarized, and sworn or
affirmed under penalty of perjury. The secretary's rules shall provide for an
informal proceeding to hear complaints for all complainants unless a formal
hearing is requested. Formal complaints held pursuant to this section shall be
in conformance with the rules adopted by the secretary. Any decision of the
secretary may be appealed to the superior court in the county where the
individual resides. (Added 2003, No. 59, § 18.)
§ 2471. General election ballot
(a) A consolidated ballot shall be used at a general election, which shall list the several candidates for the offices to be voted upon.
The offices of president and vice-president of the United States, United States senator, United States representative, governor,
lieutenant governor, state treasurer, secretary of state, auditor of accounts, attorney general, state senator,
representative to the general assembly, judge of probate, assistant judge, state's attorney, sheriff, and high bailiff shall be listed in that order.
Any statewide public question shall also be listed on the ballot, before the listing of all offices to be filled. The ballot shall be prepared at
state expense under the direction of the secretary of state. The color of the ballot shall be determined by the secretary of state.
The printing shall be black. (Amended 2007, No. 54 (Adj. Sess.), § 4)
(b) Ballots for justices shall be prepared at town expense, under the direction of the town clerk, in the town in which they are to be used.
The printing shall be black and shall conform as nearly as possible to the format of the general election ballot.
(Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 42;
amended 1985, No. 196 (Adj. Sess.), § 7; 1993, No. 138 (Adj. Sess.), § 1; amended 2007, No. 54 (Adj. Sess.), § 4)
§ 2472. Contents
(a) The ballot shall be titled "OFFICIAL VERMONT GENERAL ELECTION BALLOT", followed by the date of the election.
Immediately below, the following instructions shall be printed: "Instruction to Voters To vote for a candidate whose name is printed on the ballot,
mark a cross (X) or fill in the oval at the right of that person's name and party designation. To vote for a candidate whose name is not printed on the ballot,
write the person's name on the blank line in the appropriate block. When there are two or more candidates to be elected to one office,
you may vote for any number of candidates up to and including the maximum number." The name of the town or towns and legislative district in
which the ballot is to be used shall be listed in the upper left hand corner. (Amended 2007, No. 54 (Adj. Sess.), § 5)
(b) Each office to be voted upon shall be separately indicated and preceded by the word "For", as:
"For United States Senator". Beneath the office to be voted upon shall appear the instructions:
"Vote for not more than (the number of candidates to be elected)". The names of the candidates for each office shall be listed in
alphabetical order by surname followed by the candidate's town of residence and the party or parties by which the candidate has been
nominated, or in the case of independent candidates who have not chosen some other name or identification, by the word "Independent".
To the right of the party designation shall be an oval in which the voter may indicate his or her choice by making a cross (X) or filling in the
oval if tabulators are being used. No candidate's name shall appear on the ballot more than once for any one office. (Amended 2007, No. 54 (Adj. Sess.), § 5)
(c) Following the names of candidates for each office, there shall be as many blank write-in lines as there are persons to be elected to that office.
To the right of each such line shall be the words "Write-In" and an oval identical to the ovals which follow the candidates' names.
Lines provided for writing in names for president and vice-president shall be separately designated by the words "President" and "Vice-President."
(Amended 2007, No. 54 (Adj. Sess.), § 5)
(d) The ballot shall be printed in the same format as required for optical scan tabulators. The font shall be at least 10 points for
candidate names unless a name exceeds 24 characters, in which case the candidate may change his or her consent form name to
24 characters or less, or the font may be reduced as needed to fit the candidate name space. (Amended 2007, No. 54 (Adj. Sess.), § 5)
[Subsection (e) was struck and removed from the statute. (Amended 2007, No. 54 (Adj. Sess.), § 5)]
§ 2473. Provisions relative to presidential election
(a) When the president and vice-president are to be elected, the ballot shall
contain the names of all candidates for these offices, arranged in alphabetical
order according to the surname of the presidential candidate of each party. The
names of the electors shall not be printed on the ballot. A vote for the
presidential and vice-presidential nominees of a party shall constitute a vote
for the electors nominated by that party.
(b) The name and state of residence of the presidential and vice-presidential candidate of each party shall be listed on
separate lines joined together by a bracket, followed by the party designations and a single square for that pair of candidates.
In lieu of the instructions: "Vote for not more than (the number of candidates to be elected)," the following instructions shall appear:
"Mark ONE oval only." (Amended 2007, No. 54 (Adj. Sess.), § 6)
(c) If a candidate whose name is not printed on the ballot receives the greatest
number of votes for president, the secretary of state shall notify him of that
fact, and within two weeks thereafter, the candidate shall file with the
secretary of state, a list of freemen equal to the number of electors which the
state is entitled to elect. The list shall be signed by the candidate
personally. The persons so named shall be electors, having the duties prescribed
in this title. (Added 1977, No. 269 (Adj. Sess.), § 1.)
§ 2474. Choice of party
(a) A person nominated by any means for the same office by more than one
political party, not later than the second Friday following the primary election
may elect the party or parties in which the nominee will be a candidate. The
nominee shall notify in writing the secretary of state or town clerk, as the
case may be, of such choice, and only the party or parties which the nominee so
elects shall be printed next to the nominee's name on the ballot.
(b) A candidate for state or congressional office who is the nominee of two or
more political parties shall file with the secretary of state, not later than
the second Friday following the primary election, a statement designating for
which party the votes cast for him or her shall be counted for the purposes of
determining whether his or her designated party shall be a major political
party. The party so designated shall be the first party to be printed
immediately after the candidate's name on the ballot. If a candidate does not
file the statement before the second Friday following the primary, the secretary
of state shall designate by lot the party to be printed immediately after the
candidate's name. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1989, No. 200
(Adj. Sess.), § 2; 2003, No. 59, § 19.)
§ 2475. Death or withdrawal of candidate
When a candidate dies or withdraws and the vacancy is filled as provided in
chapter 49 of this title, the name supplied for the vacancy shall be inserted
instead of the original nomination. If the ballots have already been printed,
the officer who furnished them shall prepare and furnish new ballots. The town
clerk in each town shall, upon delivery of the new ballots, immediately destroy
all original ballots except those already supplied to or used by early or
absentee voters. Such early or absentee voter ballots shall be acceptable and
counted with the other ballots. (Added 1977, No. 269 (Adj. Sess.), § 1; amended
1979, No. 200 (Adj. Sess.), § 46; 2001, No. 6, § 12(b), eff. April 10, 2001.)
§ 2476. Repealed. 1985, No. 197 (Adj. Sess.), § 2.
§ 2478. Number of paper ballots to be printed and
furnished
(a) For primary elections, the secretary of state shall furnish each town with a
sufficient number of ballots based on the history of voter turnout in the town
and in consultation with the town clerk.
(b) For general elections, the secretary of state shall furnish each town with a
number of ballots approximately equal to 100 percent of the number of voters on
the checklist for the primary election.
(c) In the case of a town that uses voting machines, the number of paper ballots
shall be ten percent of the number of voters on the checklist for the primary
election.
(d) If necessary due to unusual growth of the checklist, a town clerk may
request additional ballots from the secretary of state at least 40 days before
the election.
(e) No voting shall occur in any general election which does not use printed ballots. (Added 1977, No. 269
(Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 48; 1981, No. 239 (Adj. Sess.), § 15;
amended 1985, No. 109 (Adj. Sess.); 1991, No. 127 (Adj. Sess.); amended 2004, No. 94, §1.)
§ 2479. Manner of distribution
Not later than 45 days before the election, the secretary of state shall furnish the prepared ballots to the clerk of each town.
Ballots shall be sent in securely fastened packages by mail or in some other safe manner, with marks on the outside clearly
designating the polling place for which they are intended and the number of ballots enclosed. The town clerk shall store the ballots,
except for ballots used as early or absentee voter or sample ballots, in a secure place until the day of the election, at which time the
town clerk shall deliver them in sufficient quantities to the presiding officer in each polling place, together with any ballots prepared by
the town clerk. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1985, No. 197 (Adj. Sess.), § 3; 2001, No. 6, § 12(b), eff.
April 10, 2001; 2001, No. 83 (Adj. Sess.), § 5; amended 2007, No. 54 (Adj. Sess.), § 7; amended 2010, No. 73 § 1.)
§ 2480. Substitute ballots
If the ballots to be furnished to a polling place are not duly delivered or if,
after delivery, they are destroyed or stolen or if the number proves
insufficient, the presiding officer shall cause other ballots to be prepared
substantially in the form of those so wanting. Upon delivery of such ballots at
the polling place by him, accompanied by his statement under oath, which shall
be recorded by the town clerk, that the same have been so prepared and furnished
by him and that he failed to receive the original ballots or that the same have
been destroyed or stolen or that the number has proved insufficient, the ballot
clerks shall cause such substituted ballots to be used in place of those
wanting. (Added 1977, No. 269 (Adj. Sess.), § 1.)
§ 2491. Political subdivision may use voting machines
A town may vote at any annual or special meeting to employ electronic devices
("voting machines") for the registering and counting of votes in subsequent
elections. Voting machines may be used in combination with the paper ballots
described in the preceding subchapter, so that each voter may choose whether to
use a paper ballot or a voting machine to cast his or her vote, if the town so
votes. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.),
§ 49; 2003, No. 59, § 20.)
§ 2492. Legislative branch to obtain voting machines
If a town votes to use voting machines at least six months prior to the next
primary or general election, the legislative body shall rent or purchase voting
machines approved by the secretary of state. The town shall be responsible for
all expenses attendant upon the purchase or rental of voting machines and the
secretary of state shall furnish the ballots. Other election materials which are
not particular to voting machines shall be prepared at state expense, under the
direction of the secretary of state, except for local elections, which shall be
governed by section 2682 of this title. (Added 1977, No. 269 (Adj. Sess.), § 1;
amended 1979, No. 200 (Adj. Sess.), § 50; amended 1985, No. 203 (Adj. Sess.), §
1; 1993, No. 206 (Adj. Sess.), § 2, eff. June 14, 1994; 2003, No. 59, § 21.)
§ 2493. Rules for use of voting machines
(a) The secretary of state shall adopt rules governing the use and the selection
of any voting machine in the state. These rules shall include requirements that:
(1) All municipalities that have voted to use a voting machine shall use a
uniform voting machine approved by the secretary of state.
(2) The secretary of state shall provide for the security of voting machines at all times. Voting machines, not including the ballot box portion,
shall be locked in a vault or a secure location at all times when not in use. The secretary of state may conduct a random post election
audit of any polling place election results for a primary or general election within 30 days of the election. If the secretary determines that a
random audit shall be conducted of the election results in a town or city, the town clerk shall direct two members of the board of civil authority to
transport the ballot bags to the office of the secretary of state not later than 10:00 a.m. on the morning when the secretary has scheduled the audit.
The secretary shall open the ballot bags and conduct the audit in the same manner as ballots are counted under sections 2581 through 2588 of this title.
The secretary of state shall publicly announce the results of the audit as well as the results from the original return of the vote. If the secretary finds that the
audit indicates that there was possible fraud in the count or return of votes, the secretary shall refer the results to the attorney general for possible prosecution.
(Amended 2007, No. 54 (Adj. Sess.), § 8)
(3) All voting machines shall be set to reject a ballot that contains an overvote and provide the voter
the opportunity to correct the overvote, have the ballot declared spoiled, and obtain another ballot. If an
early voter absentee ballot contains an overvote, the elections official shall override the voting machine and
count all races except any race that contains an overvote.
(4) All voting machines shall be set not to reject undervotes.
(5) Establish a process for municipalities using voting machines, whereby markings on ballots that are unreadable by a machine may be
transferred by a pair of election officials, who are not members of the same political party, to ballots that are readable by the machine.
(Added 2007, No. 54 (Adj. Sess.), § 8)
(b) Each voting machine shall be tested using official ballots that are marked clearly as "test ballots" at least
ten days prior to an election. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.),
§ 51; 2001, No. 5, § 5; 2003, No. 59, § 22; amended 2004, No. 94, §2.)
§ 2494. Construction with other laws
Except as this subchapter affects the method of registering votes and ascertaining the result, the laws of this state pertaining to elections shall be
applicable. The laws pertaining to early or absentee voters shall in no way be affected by this subchapter, and votes cast by early or absentee voters
shall be counted with votes registered on voting machines. In towns using voting machines, the board of civil authority may vote to open polling places
at 5:00 a.m., provided that at least three elections officials are present, two of whom are from different parties. If all early voter absentee ballots
have not been deposited into the voting machines before the closing of the polls at 7:00 p.m., the elections officials shall continue to deposit ballots
using the same procedure as provided in subsection 2561(b) of this title, treating each ballot as a voter waiting to cast his or her ballot at the close
of the polls. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 2001, No. 6, § 2, eff. April 10, 2001; 2003, No. 59, § 23; amended 2008,
No. 121 § 9.)
§ 2495. Form of ballot
(a) In any town which uses voting machines at its elections, it shall be
unnecessary for a question submitted to the voters to be shown in full upon the
voting machine or the ballot. It shall be sufficient if the article in the
warning for the meeting or election at which the question is submitted is
referred to by number and title. However, the complete warning shall be posted
in a conspicuous place within the voting booth.
(b) Notwithstanding section 2472 of this title, ballots to be counted by means
of electronic or electromechanical devices may be of such size or composition as
is suitable for the type of device used. (Added 1977, No. 269 (Adj. Sess.), § 1;
amended 1985, No. 203 (Adj. Sess.), § 2.)
§ 2496. Repealed. 1999, No. 2, § 2.
§ 2499. Miscellaneous requirements for voting
machines
(a) The presiding officer with the assistance of at least two election officials
may transfer voted ballots from the box attached to the voting machine to
another secure ballot box or secured ballot bag whenever necessary during
election day in order to allow the machine to continue to function properly.
(b) [Deleted.] (Added 1979, No. 200 (Adj. Sess.), § 55; amended 1985, No. 203
(Adj. Sess.), § 3; 2001, No. 5, § 7; No. 6, § 12(a), eff. April 10, 2001; 2003,
No. 59, § 24.)
§ 2501. Determining districts
(a) The board of civil authority shall designate one or more polling places
within a town; however, the voters at a regular or special meeting warned for
that purpose may designate different polling places. If the questions and
candidates to be voted upon are not identical for all voters in the town, so
that different ballots will be used depending on where a voter lives, the board
of civil authority shall suitably divide the master checklist for the whole town
into separate checklists according to geographical boundaries, at least 40 days
before the election. The master checklist shall be divided in a way that ensures
that all voters on a particular checklist will be voting on the same questions
and candidates and will be given identical ballots. Each of the separate
checklists shall be organized alphabetically, and for each checklist the board
of civil authority shall designate the location of a separate polling place.
Except as provided in subsection (e) of this section or section 2147 of this
title, each voter shall vote at the polling place designated for the separate
checklist on which his name appears.
(b) The board of civil authority may also divide the master checklist into
separate checklists for the convenient conduct of the election even if the
questions and candidates to be voted upon are identical for all voters in the
town. In such case, the board shall follow the procedures of this section.
(c) In preparing the separate checklists, the board of civil authority shall be
responsible for accurately determining the geographical location of the last
known place of residence of each voter in order to place the voter on the proper
separate checklist. If at any time except on election day the board determines
that a voter should be on a different checklist from the one on which his name
appears, the board shall remove the voter's name from the wrong checklist and
place it on the proper checklist in accordance with section 2147 of this title.
(d) The board shall post prominent notices in and around the polling places
urging voters to check whether they have been placed on the proper geographical
checklist. The notice shall also explain the procedures by which a voter who is
on the wrong checklist for his geographical area can be added to the proper
checklist and vote at the proper polling place.
(e) If more than one polling place is located within the same building, each
shall be located so that it is separate and distinct from the others, and each
shall be run separately from the others with regard to the process of voting.
Each polling place shall have its own entrance and exit tables, guardrails,
voting booths and ballot boxes, and it shall have its own election officials
handling the entrance and exit checklists, furnishing ballots, supervising the
deposit of ballots, otherwise conducting the voting part of the elections and
tallying the checklists after the polls have closed. However, in the case of a
town that uses vote tabulators designed to tabulate ballots from multiple
districts by means of a single tabulator, nothing in this section shall prohibit
such a town from using a single voting area and a single vote tabulator for two
or more districts, as long as voters are checked in through separate entrance
checklists and checked out through separate exit checklists if exit checklists
are employed. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200
(Adj. Sess.), § 56; 1981, No. 239 (Adj. Sess.), § 42; 1985, No. 198 (Adj. Sess.),
§ 2; 1991, No. 147 (Adj. Sess.), § 3, eff. April 25, 1992.)
§ 2502. Location of polling places
(a) Each polling place shall be located in a public place within the town.
(b) The board of civil authority shall take such measures as are necessary to assure that elderly and
handicapped voters may conveniently and secretly cast their votes. Measures which may be taken shall
include, but are not limited to: location of polling places on the ground floor of a building; providing ramps,
elevators, or other facilities for access to the polling place; providing a stencil overlay for ballots; providing a
separate polling place with direct communication to the main polling place; and permitting election officials to
carry a ballot to a handicapped or elderly person in order to permit that person to mark his ballot while in a
motor vehicle adjacent to the polling place. For purposes of this subsection, the board of civil authority shall
have full jurisdiction on the day of an election over the premises at which a polling place is located. (Added
1977, No. 269 (Adj. Sess.), § 1; amended 1985, No. 11; 1991, No. 147 (Adj. Sess.), § 4, eff. April 25,
1992; amended 2004, No. 94, §3.)
§ 2503. Repealed. 1979, No. 200 (Adj. Sess.), § 120.
§ 2504. Voting booths
At each polling place, there shall be a sufficient number, as determined by the
board of civil authority, of voting booths. Each booth shall be of sturdy
construction and shall allow a voter to mark his ballot conveniently without
having his choices observed by any other person. (Added 1977, No. 269 (Adj. Sess.),
§ 1; amended 1981, No. 239 (Adj. Sess.), § 17.)
§ 2505. Guardrail
A guardrail shall be so constructed that only persons inside the rail can
approach within six feet of the ballot boxes and voting booths. Neither the
ballot boxes nor the voting booths shall be hidden from those outside the
guardrail. (Added 1977, No. 269 (Adj. Sess.), § 1.)
§ 2506. Ballot boxes; signs for depositing ballots
All ballot boxes shall be rigid wood or metal containers. Ballot boxes shall be
furnished at the expense of the town where they are to be used. When not in use,
ballot boxes shall be in the custody of the town clerk. During voting hours
there shall be signs, provided by the secretary of state, placed on or near
ballot boxes telling voters to deposit their own ballots in the ballot boxes.
This requirement shall not apply to the ballot boxes used during primary
elections for the collection of unvoted ballots, in which instance unvoted
ballots are inserted by election officials. (Added 1977, No. 269 (Adj. Sess.), §
1; amended 1979, No. 200 (Adj. Sess.), § 57.)
§ 2507. Distribution of checklists
The town clerk shall furnish the presiding officer of each polling place with
two certified copies of the checklist applicable to that polling place. One copy
shall be used to check voters before they enter within the guardrail, and,
unless the board of civil authority votes not to use an exit checklist, the
other copy shall be used to check voters as they leave. (Added 1977, No. 269
(Adj. Sess.), § 1; amended 1999, No. 2, § 1.)
§ 2508. Campaigning during polling hours; voter
access
(a) The presiding officer shall insure during polling hours that:
(1) Within the building containing a polling place, no campaign literature,
stickers, buttons, name stamps, information on write-in candidates or other
political materials are displayed, placed, handed out or allowed to remain; and
(2) Within the building containing a polling place, no candidate, election
official or other person distributes election materials, solicits voters, or
otherwise campaigns; and
(3) On the walks and driveways leading to a building in which a polling place is
located, no candidate or other person may physically interfere with the progress
of a voter to and from the polling place.
(b) During polling hours, the presiding officer shall control the placement of
signs on the property of the polling place in a fair manner.
(c) The provisions of this section shall be posted in the notice required by
section 2521 of this title. (Amended 1989, No. 211 (Adj. Sess.), § 3; 2001, No.
5, § 14.)
§ 2509. Repealed. 1981, No. 239 (Adj. Sess.), § 45,
eff. July 1, 1982.
§ 2521. Warnings and notices
(a) Not less than 30 days before the election, the town clerk shall cause a
warning and notice to be posted informing the voters of the town about the
election. The warning shall include the date and time of the election, location
of the polling place or places, nature of the election and offices or questions
to be voted upon. The notice shall contain information on voter registration and
early or absentee voting, on how to obtain ballots, mark them, get help marking
them and obtain new ballots in place of those accidentally spoiled; information
about offenses relating to elections; how to get help if there is a problem on
election day; instructions for registrants by mail; instructions for first-time
voters; instructions on who may cast a provisional ballot; instructions on how
to cast a provisional ballot; information on federal and state laws prohibiting
fraud and misrepresentation; instructions on how to contact the appropriate
official if a person believes any of his or her rights to vote have been
violated; and other appropriate information. The warning and notice shall be
posted in at least two public places within each town and in or near the town
clerk's office. If a town has more than one polling place, the warning and
notice shall be posted in at least two public places within each voting district
and in or near the town clerk's office. The checklist shall also be posted as
required in section 2141 of this title.
(b) The secretary of state shall prepare forms for the warning and notice and
shall furnish each town clerk with at least five copies of the forms for each
polling place in the town at least five days before they must be posted.
Information required in the warnings and notices which varies from town to town
shall be left blank by the secretary of state and filled in by the town clerk.
(Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), §
61; 1985, No. 196 (Adj. Sess.), § 23; 1989, No. 211 (Adj. Sess.), § 4; 2001, No.
6, § 12(c), eff. April 10, 2001; 2003, No. 59, § 25.)
§ 2522. Sample ballots
(a) As soon as ballots are received by the town clerk, but not later than 20
days prior to any primary or general election or 10 days prior to any municipal
election, the town clerk shall post sample ballots in at least two public places
within the town and in or near the town clerk's office. If a town has more than
one polling place and the polling places are not all in the same building, the
sample ballot shall be posted in at least two public places within each voting
district and in or near the town clerk's office.
(b) The town clerk shall prepare the sample ballots by marking the words SAMPLE
BALLOT prominently at the top of official election ballots.
(c) [Repealed.]
(d) Upon the request of any high school or other educational institution in the
town, the town clerk shall deliver a sample ballot to the high school or
educational institution. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979,
No. 200 (Adj. Sess.), § 62; 1985, No. 196 (Adj. Sess.), § 25; 2003, No. 59, §
26.)
§ 2523. Posting at polling place on election day
(a) Before the polls open on election day, the presiding officer shall post
copies of the warning and notice, and the sample ballots conspicuously in and
about the polling place so that voters can reasonably be expected to see them
before voting.
(b) The presiding officer shall ensure that signs are placed on or near the
ballot boxes informing voters of procedures for depositing ballots. The
secretary of state shall supply the signs. (Added 1977, No. 269 (Adj. Sess.), §
1; amended 1979, No. 200 (Adj. Sess.), § 63; 2003, No. 59, § 27.)
§ 2531. Application for early voter absentee ballot
(a) A voter who expects to be an early or absentee voter, or an authorized
person on behalf of such voter, may apply for an early voter absentee ballot
until 5:00 p.m. or the closing of the town clerk's office on the day preceding
the election.
(b) All applications shall be filed with the town clerk of the town in which the
early or absentee voter is registered to vote. The town clerk shall file written
applications and memoranda of verbal applications in his or her office, and
shall retain the applications and memoranda for 90 days following the election,
at which time they may be destroyed.
(c) Voting by early voter absentee ballot shall be allowed only in elections
using the Australian ballot system. (Added 1977, No. 269 (Adj. Sess.), § 1;
amended 1979, No. 200 (Adj. Sess.), § 64; 1993, No. 79, § 1; 2001, No. 6, § 3,
eff. April 10, 2001.)
§ 2532. Applications; form
(a) An early or absentee voter, or an authorized family member or health care
provider acting in the voter's behalf, may apply for an early voter absentee
ballot by telephone, in person, or in writing. "Family member" here means a
person's spouse, children, brothers, sisters, parents, spouse's parents,
grandparents, and spouse's grandparents. Any other authorized person may apply
in writing or in person. The application shall be in substantially the following
form:
REQUEST FOR EARLY VOTER ABSENTEE BALLOT
Name of early or absentee voter:______________________________________________
Current address: __________________________________________________________
Residence (if different): ____________________________________________________
If applicant is other than early or absentee voter:
Name of applicant: _______________________________________________________
Address of applicant: _____________________________________________________
Relationship to early or absentee voter: _______________________________________
Date: ______________ Signature: __________________________________________
If the application is made by telephone or in writing, the information supplied
must be in substantial conformance with the information requested on this form.
(b) A person temporarily residing in a foreign country who is eligible to register to vote in this state, or a military service
absentee voter who is eligible to register to vote in this state, may apply for early voter absentee ballots in the same manner and
within the same time limits that apply for other early or absentee voters. An official federal postcard application shall suffice as a
simultaneous request for an application for addition to the checklist and for an early voter absentee ballot, when properly submitted.
Any other person also may make a simultaneous request for an application for addition to the checklist and for an early voter absentee ballot.
(Amended 2007, No. 72 (Adj. Sess.), §2)
(c) If the request is received by the town clerk prior to the voter registration deadline set forth in subsection 2144(a) of this title,
the town clerk shall mail a blank application for addition to the checklist, together with a full set of early voter absentee ballots, to the
person who has applied for early voter absentee ballots. All such applications for addition to the checklist which are returned to the town
clerk before the close of the polls on election day shall be considered and acted upon by the board of civil authority before the ballots are
counted. If the application is approved and the name added to the checklist, the early voter absentee ballots cast by that voter shall be
treated as other valid early voter absentee ballots. (Amended 2007, No. 72 (Adj. Sess.), §2)
(d) An application for an early voter absentee ballot shall be valid for only
one election, unless specific request is made by an early or absentee voter that
the application be valid for both a primary election, excluding a presidential
primary, and the general election next following, as long as both ballots are to
be mailed to the same address.
(e) A person residing in a state institution may apply for early voter absentee
ballots in the same manner and within the same time limits that apply for other
early or absentee voters.
(f) The town clerk may, upon application, issue a duplicate early voter absentee
ballot if the original ballot is not received by the voter within a reasonable
period of time after mailing. The application may be made by a person entitled
to apply for an early voter absentee ballot under subsection (a) of this section
and shall be accompanied by a sworn statement affirming that the voter has not
received the original ballot. If a duplicate early voter absentee ballot is
issued and both the duplicate and original early voter absentee ballots are
received before the close of the polls on election day, the ballot with the
earlier postmark shall be counted. (Added 1977, No. 269 (Adj. Sess.), § 1;
amended 1979, No. 200 (Adj. Sess.), § 65; 1981, No. 239 (Adj. Sess.), § 31;
1985, No. 197 (Adj. Sess.), § 4; No. 198 (Adj. Sess.), §§ 3, 11, 12; 1989, No.
200 (Adj. Sess.), § 3; 1993, No. 80, § 1; 2001, No. 6, § 4, eff. April 10, 2001;
2001, No. 83 (Adj. Sess.), § 6.)
§ 2532a. Mobile polling stations
Notwithstanding any other provision of this chapter to the contrary, the secretary of state may authorize a town clerk to establish a mobile polling
station at which two or more election officials who are not all members of the same political party shall make absentee ballots available. The town clerk
shall notify the public of the mobile polling station three days prior to operation by posting at the town clerk’s office and at the mobile polling station
site the date and hours that the mobile polling station will operate. The secretary of state shall establish procedures that ensure that:
(1) prior to distributing a ballot, the election officials shall verify that the voter’s name is on the town checklist or will register the individual to vote if he
or she is not registered and is qualified to vote in the town. The election officials shall make a list of the names of each voter who has voted at the
mobile polling site;
(2) each voter shall place his or her ballot in an early absentee ballot envelope, seal and sign the certificate, and return the ballot envelope to the
election officials;
(3) upon the closure of the mobile polling place, the election officials shall immediately return the ballot envelopes, list of names, and any unvoted
ballots to the town clerk who shall add the voter’s name to the list of early or absentee voters and commingle the envelopes with other returned
early absentee ballot envelopes in the vault. Ballots that are returned along with a new voter registration form shall be kept in a secure place in the
vault until the registration process has been completed and then processed as in this subdivision. (Added 2008, No. 111 § 1; amended 2009, No. 40
(Adj. Sess.), § 5.)
§ 2533. Notification of invalid application
If the town clerk finds an application for an early or absentee voter ballot
which has been submitted to him to be invalid or incomplete, he shall
immediately notify the person making the application, either personally or by
mail, stating the ground on which the same is found to be invalid. The
application may be corrected but shall not be valid unless it is returned
corrected to the clerk within the time allowed for submitting an original
application. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 2001, No. 6, §
12(b), eff. April 10, 2001.)
§ 2534. List of early or absentee voters
Upon receipt of the valid applications the town clerk shall make a list of the
early or absentee voters. The list shall include each voter's name and address.
A copy of the list shall be available upon request at the town clerk's office
and, on election day, in each polling place in the town. (Added 1977, No. 269
(Adj. Sess.), § 1; amended 1985, No. 196 (Adj. Sess.), § 22; 1993, No. 79, § 2;
2001, No. 6, § 5, eff. April 10, 2001.)
§ 2535. Form of early voter absentee ballots and
envelopes
(a) Early voter absentee ballots shall be the same as the official ballots to be
used at the election.
(b) If necessary, special ballots may be prepared of such different weight of
paper, or overall size and shape as shall be prescribed by the secretary of
state, to conform with minimum postal, military, naval, air force or other
federal or military regulations and orders covering the transportation of such
ballots, provided that the text is identical in substance, except as to type
size, with that appearing on the official ballots.
(c) Envelopes, including return envelopes, containing early voter absentee
ballots may, as circumstances require, be particularly imprinted, stamped or
superscribed with approved identification words or symbols designating the same
as "Vermont Official Early or Absentee Voter Ballot" and with such additional
words or devices as are necessary to comply with any censorship regulations or
rules which may be in effect at the time of mailing. (Added 1977, No. 269 (Adj.
Sess.), § 1; amended 2001, No. 6, § 12(a), (b), eff. April 10, 2001.)
§ 2536. Furnishing early voter absentee ballot
envelopes
Upon request, the secretary of state shall furnish the envelopes prescribed in
sections 2535 and 2542 of this title to town clerks in such numbers as they
request. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj.
Sess.), § 66; 2001, No. 6, § 6, eff. April 10, 2001.)
§ 2537. Early or absentee voting in the town clerk's
office
A voter may, if he or she chooses, apply in person to the town clerk for the
early voter absentee ballots and envelopes rather than having them mailed as
required by section 2539 of this title. In this case, the clerk shall furnish
the early voter absentee ballots and envelopes when a valid application has been
made. The voter may mark his or her ballots, seal them in the envelope, sign the
certificate, and return the ballots in the sealed envelope to the town clerk or
an assistant town clerk, without leaving the office of the town clerk, or the
voter may take the ballots and return them to the town clerk in the same manner
as if the ballots had been received by mail. No person, except justices of the
peace as provided in section 2538 of this title, may take any ballot from the
town clerk on behalf of any other person. (Added 1977, No. 269 (Adj. Sess.), §
1; amended 1979, No. 200 (Adj. Sess.), § 67; 1993, No. 80, § 2; 2001, No. 6, §
7, eff. April 10, 2001.)
§ 2538. Delivery of ballots by justices of the peace
(a) In the case of persons who are early or absentee voters due to illness or
physical disability, ballots shall be delivered in the following manner unless
the early or absentee voter has requested pursuant to section 2539 of this title
that the early voter absentee ballots be mailed. Not later than three days prior
to the election, the board of civil authority shall designate in pairs justices
of the peace in numbers sufficient to deliver early voter absentee ballots to
the applicants for early voter absentee ballots who have stated in their
applications that they are unable to vote in person at the polling place due to
illness or physical disability but who have not requested in their applications
that early voter absentee ballots be mailed to them. No pair shall consist of
two justices from the same political party. If there shall not be available a
sufficient number of justices to make up the required number of pairs, a member
of each remaining pair shall be designated by the board, to be selected from
lists of registered voters submitted by the chairs of the town committees of
political parties, and from among registered voters who in written application
to the board state that they are not affiliated with any political party. No
candidate or spouse, parent, or child of a candidate, shall be eligible to
perform the duties prescribed by this section unless the candidate involved is
not disqualified by section 2456 of this title from serving as an election
official. This shall not prevent a candidate for district office from serving as
a justice in another district. The compensation of justices and voters
designated under this subsection shall be fixed by the board of civil authority
and shall be paid by the town.
(b) The town clerk shall divide the list of ill or physically disabled
applicants into approximately as many equal parts as there are pairs of justices
so designated, having regard to the several parts of the town in which the
applicants may be found. During the eight days immediately preceding election
day and on election day, the clerk shall deliver to each pair of justices one
part of the list, together with early or absentee voter ballots and envelopes
for each applicant. When justices receive ballots and envelopes prior to
election day, they shall receive only the ballots and envelopes they are
assigned to deliver on that day.
(c) Each pair of justices on the days they are assigned to deliver the ballots
and envelopes, shall call upon each of the early or absentee voters whose name
appears on the part of the list furnished to them and shall deliver early voter
absentee ballots and envelopes to each early or absentee voter. The early or
absentee voter shall then proceed to mark the ballots alone or in the presence
of the justices, but without exhibiting them to the justices or to any other
person, except that when the early or absentee voter is blind or physically
unable to mark his ballot, they may be marked by one of the justices in full
view of the other. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200
(Adj. Sess.), § 68; 1995, No. 95 (Adj. Sess.), § 3; 1997, No. 17, § 1; 2001, No.
6, § 12(a), (b), eff. April 10, 2001.)
§ 2539. Mailing of early voter absentee ballots;
permanently disabled voters
(a) Unless the early or absentee voter votes in the town clerk's office, or
unless the justices are to deliver the early voter absentee ballots to the early
or absentee voter, the town clerk shall provide to the early or absentee voter
who comes to the town clerk's office a complete set of early voter absentee
ballots or mail a complete set of early voter absentee ballots to each early or
absentee voter for whom a valid application has been filed. The early voter
absentee ballots shall be mailed forthwith upon the filing of a valid
application, or upon the town clerk's receipt of the necessary ballots,
whichever is later. Early voter absentee ballots to persons having addresses
outside the 50 states and the District of Columbia shall be sent air mail, first
class, postpaid when such service is available.
(b) In the case of persons who are early or absentee voters due to illness or
physical disability, if the voter or authorized person requests in his or her
application or otherwise that early voter absentee ballots be mailed rather than
delivered by justices of the peace, the town clerk shall mail the ballots;
otherwise the ballots shall be delivered to such voters by justices of the
peace. In the case of all other early or absentee voters, the town clerk shall
mail the early voter absentee ballots, unless the voter chooses to apply and
vote in person at the town clerk's office. (Added 1977, No. 269 (Adj. Sess.), §
1; amended 1979, No. 200 (Adj. Sess.), § 69; 2001, No. 6, § 8, eff. April 10,
2001.)
§ 2540. Instructions to be sent with ballots
(a) The town clerk shall send with all early voter absentee ballots and
envelopes printed instructions, which may be included on the envelope, in
substantially the following form:
INSTRUCTIONS FOR EARLY OR ABSENTEE VOTERS
1. Mark the ballots.
2. Seal them in this envelope.
3. Fill out and sign the certificate on the envelope.
4. Mail or deliver the sealed envelope containing the ballots to the town clerk
of the town where you are a registered voter in time to arrive no later than
election day.
Note: If these ballots have been brought to you personally by two justices of
the peace because of your illness or physical disability, just return them to
the justices after you have sealed and signed the envelope.
YOU HAVE THE RIGHT TO MARK YOUR BALLOTS IN PRIVATE - but if you ask for help in
filling out the ballots, they will give it to you.
BE SURE TO FILL OUT AND SIGN THE CERTIFICATE ON THIS ENVELOPE OR YOUR VOTE WILL
NOT COUNT!
(b) In the case of early absentee voting in a primary, the instructions shall
also include appropriate instructions prepared by the secretary of state for
separating and depositing unvoted ballots in a separate envelope provided and
clearly marked for that purpose.
(Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), §
70; 2001, No. 6, §§ 12(a)-12(c), eff. April 10, 2001.)
§ 2541. Marking of ballots
(a) An early or absentee voter to whom ballots, envelopes, and instructions are
mailed shall mark the ballots in accordance with the instructions.
(b) When an early or absentee voter is blind or is physically unable to go to
the polls to vote in person or to mark his or her ballots, they may be marked by
one of the officers who delivers the ballots, in the presence of the other
officer. A person who gives assistance to a voter in the marking or registering
of ballots shall not in any way divulge any information regarding the choice of
the voter or the manner in which the voter's ballot was cast.
(c) If an early or absentee voter spoils a ballot, the voter may return the
spoiled ballot by mail or in person to the town clerk and receive another
ballot, consistent with the provisions of section 2568 of this title. (Added
1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 71; 2001,
No. 6, § 9, eff. April 10, 2001.)
§ 2542. Signing certificate
There shall be printed on the face of the envelope provided for use in returning
early voter absentee ballots a certificate in substantially the following form:
Early or Absentee Voter Ballots of __________________"
(print your name)
I, ____________________, solemnly swear or affirm that I am a resident of the
town (city) of _________________, State of Vermont, and that I am a legal voter
in this town (city).
______________________________________
(your signature)
The early or absentee voter must sign the certificate on the outside of the
envelope in order for the ballot to be valid. When an early or absentee voter is
physically unable to sign his or her name, he or she may mark an "X" or take an
oath swearing or affirming to the statement on the certificate. The officers who
deliver the ballots shall witness the mark or oath and sign their names with a
statement attesting to this fact on the envelope. (Added 1977, No. 269 (Adj.
Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 72; 1993, No. 80, § 3; 2001,
No. 6, § 12(a), (b), eff. April 10, 2001; 2003, No. 59, § 28.)
§ 2543. Return of ballots
After marking the ballots and signing the certificate on the envelope, the early
or absentee voter to whom the same are addressed shall return the ballots to the
clerk of the town in which he or she is a voter, in the manner prescribed,
except that in the case of a voter to whom ballots are delivered by justices,
the ballots shall be returned to the justices calling upon him or her, and they
shall deliver them to the town clerk. Once an early voter absentee ballot has
been returned to the clerk in the sealed envelope with the signed certificate,
it shall be stored in a secure place and shall not be returned to the voter for
any reason. All early voter absentee ballots returned to the clerk before the
polls close on election day shall be counted. (Added 1977, No. 269 (Adj. Sess.),
§ 1; amended 1979, No. 200 (Adj. Sess.), § 73; 2001, No. 6, § 10, eff. April 10,
2001.)
§ 2544. Repealed. 1979, No. 200 (Adj. Sess.), § 120.
§ 2545. Receipt of marked ballots by town clerk;
delivery to election officers
Upon receipt of the envelope containing the marked ballots of an early or
absentee voter, the town clerk shall record the fact on the list of early or
absentee voters and safely keep the envelope until election day. During the
hours that the polls are open, he shall deliver the envelope to the presiding
officer in the polling place where the early or absentee voter would have voted
if he had voted in person. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 2001,
No. 6, § 12(b), eff. April 10, 2001.)
§ 2546. Deposit of early voter absentee ballots in
ballot box
(a) No sooner than 30 days before the opening of polls on election day, the town clerk of a municipality
with at least 300 registered voters on its checklist may direct two election officials working together to open
the outside envelope in order to sort early voter absentee ballots by ward and district, may data enter the
return of the ballots by the voter, may determine that the certificate has been signed, and may place the inside
envelopes in various secure containers to be transported to the polling places on election day. No sooner than
48 hours before the opening of polls on election day, a town clerk in all other municipalities may direct two election
officials working together to open the outside envelope and remove the certificate envelope in order to determine
that an early voter absentee ballot certificate has been properly signed by the early voter, and that the name of the
early voter appears on the checklist. The election officials shall check the name of the early voter off the entrance
checklist and place the sealed envelope into a secure container marked "checked in early voter absentee ballots" to
be transported to the polling place on election day. Upon opening of the polls on election day, ballots from this container
shall be opened by election officials, who are not members of the same political party, and deposited either into the ballot
box or into the voting machine. (Amended 2007, No. 54 (Adj. Sess.), § 8b; amended 2010, No. 70 § 1.)
(b) The town clerk or presiding officer shall deliver the unopened early voter absentee ballots to the election officials at the place where
the entrance checklist is located. If the ballots are in a container marked "checked in early voter absentee ballots," two election officials
from different political parties shall open the envelopes and deposit the ballots into the ballot box or into the voting machine. If the ballots
have not been previously checked off the entrance checklist and if an election official determines that the certificate on the envelope is
signed by the early voter, the name of the early voter appears on the checklist, and the early voter is not a first-time voter in the municipality
who registered by mail, the election official shall mark the checklist, open the envelope, and deposit the ballot in the proper ballot box or voting
machine. If the early voter is a first-time voter who registered by mail, the election official shall determine whether the identification required
under subdivision 2563(a)(1) of this title has been submitted by the voter. Upon ascertaining that the proper identification has been submitted
by the voter, the election official shall mark the checklist, open the envelope, and deposit the ballot in the proper ballot box or voting machine.
If the proper identification has not been submitted, the ballot shall be treated as a provisional ballot, as provided in subchapter 6A of this chapter.
(Added 1977, No. 269 (Adj. Sess.), § 1; amended
1979, No. 200 (Adj. Sess.), § 74; 2001, No. 6, § 12(a), (b), eff. April 10,
2001; 2003, No. 59, § 29; amended 2007, No. 54 (Adj. Sess.), § 8b)
(c) All early voter absentee ballots shall be commingled with the ballots of voters who have voted in person.
(Added 2007, No. 54 (Adj. Sess.), § 8b)
§ 2547. Defective ballots
If upon examination by the election officials it shall appear that the early or
absentee voter is not legally qualified to vote, or has voted in person, or that
the affidavit on any envelope is insufficient, the certificate is not signed, or
the voted ballot is not in the voted ballot envelope, or, in the case of a
primary vote, the early or absentee voter has failed to return the unvoted
portions of the primary ballots, such envelope shall be marked "defective," and
the ballots inside shall not be counted and shall be returned in the unopened
envelope to the town clerk in the manner prescribed by section 2590 of this
title. The provisions of this section shall be indicated prominently in the
early or absentee voter material prepared by the secretary of state. (Added
1977, No. 269 (Adj. Sess.), § 1; amended 1985, No. 196 (Adj. Sess.), § 6; 2001,
No. 6, § 11, eff. April 10, 2001.)
§ 2548. Voting in person
(a) Prior to the opening of the polls, the municipal clerk shall provide the
election officials of each polling place with a list of the names of all persons
who have marked and returned early voter absentee ballots, and these persons
shall not thereafter vote in person in the same election.
(b) A person who in good faith has received early voter absentee ballots for his or her use but has not yet marked them, if he or she is
able to vote in person, may cast the early voter absentee ballots as provided above, or may vote in person after returning the complete set of
unmarked ballots, together with the envelope intended for their return, to the presiding officer at the time the voter appears to vote in person.
If a person does not have his or her absentee ballots to return, the person shall be checked off the checklist and permitted to vote only after
completing a sworn affidavit that he or she does not have his or her absentee ballots to return. The presiding officer shall return the unused
early voter absentee ballots and envelope to the town clerk, who shall make a record of their return on the list of early or absentee voters and
treat them as spoiled or unused ballots, pursuant to section 2568 of this title.
(Added 1977, No. 269 (Adj. Sess.), § 1; amended 2001, No. 6, § 12(a), (b), eff. April 10,
2001; amended 2007, No. 54 (Adj. Sess.), § 8c)
§ 2549. Use of federal war ballot
In addition to and supplementing the provisions of this title, the provisions of
any federal statute for a federal war ballot and for procedures affecting and
facilitating voting by members of the military service of the United States are
hereby authorized for use in this state. (Added 1977, No. 269 (Adj. Sess.), §
1.)
§ 2550. Early or absentee voters deemed "present and
voting"
A voter voting by early voter
absentee ballot shall be deemed as "present and voting", for purposes of any
provision in which the phrase "present and voting" is used in the Vermont
statutes annotated or in the acts of the general assembly. (Added 1977, No. 269
(Adj. Sess.), § 1; amended 2001, No. 6, § 12(a), (b), eff. April 10, 2001.)
§ 2555.
Provisional ballot envelopes
The clerk shall deliver to each polling place on the date of the election a
sufficient number of provisional ballot envelopes printed with a voter
attestation. The attestation shall include:
(1) A statement informing the applicant of the requirements for voter
eligibility set forth in section 2121 of this title and space for the
provisional voter to provide the information necessary for the town clerk to
determine eligibility, including a place for the applicant to swear or affirm,
by checking the appropriate box, that he or she meets all voter eligibility
requirements set forth in section 2121 of this title and the signature of the
provisional voter signed under penalty of perjury. In addition, the attestation
shall include the following information:
(A) The provisional voter's place and date of birth.
(B) The provisional voter's town of legal residence.
(C) The provisional voter's street address or a description of the physical
location of the applicant's residence. The description must contain sufficient
information so that the town clerk can determine whether the applicant is a
resident of the town.
(2) An attestation by the provisional voter that he or she submitted a properly
completed voter application form before the application deadline. The
attestation shall be signed by the provisional voter under penalty of perjury.
(3) Space on the application for documentation of the town clerk's action.
(4) A statement informing the provisional voter: "Provisional balloting allows a
provisional voter only to vote in federal elections. If you wish to vote in any
other state or local election, you should return this form to the elections
officials and file an appeal in superior court in the county in which you live
pursuant to section 2148 of Title 17. If you choose to vote by provisional
ballot, after the close of the polls, the town clerk will determine whether you
meet all eligibility requirements. If the clerk denies your application, he or
she will inform you that the application has been denied." (Added 2003, No. 59,
§ 30, eff. June 7, 2003.)
§ 2556. Provisional voting
(a) If an individual's name does not appear on the checklist and the individual
claims to have submitted an application for the checklist prior to noon on the
second Monday before the election, the election official shall allow the
individual to vote provisionally.
(b) The provisional voter shall be given a ballot and an envelope with an attestation printed upon it, as described in
section 2555 of this title, and shall complete the attestation on the envelope. Upon completion, the provisional voter shall seal the
envelope and deposit it in a ballot box marked for the receipt of provisional ballots. (Amended 2007, No. 54 (Adj. Sess.), § 9)
(c) A provisional voter who makes a false statement in completing the
attestation, knowing the statement to be false, shall be subject to the
penalties of perjury as provided in chapter 65 of Title 13. (Added 2003, No. 59,
§ 30, eff. June 7, 2003.)
§ 2557. Town clerk approval of provisional voter
attestation
(a) The town clerk may make such investigation as he or she deems proper to
verify any fact stated in the application. In making the determination whether
to accept the provisional voter's attestation, the town clerk shall determine
whether the applicant meets all of the registration eligibility requirements.
However, the town clerk may not require a provisional voter to complete any form
other than that approved under section 2555 of this title; nor may the board of
civil authority require all provisional voters or any particular class or group
of provisional voters to appear personally before a meeting of the board or
routinely or as a matter of policy require provisional voters to submit
additional information to verify or otherwise support the information contained
in the attestation.
(b) Within two days after the close of the polls, the town clerk shall inform
each provisional voter of his or her action on a provisional voter's
attestation. If the clerk rejects a provisional voter, the clerk shall also
notify the provisional voter immediately of his or her reasons by first class
mail directed to the address given in the application.
(c) When the town clerk approves a provisional voter's attestation, the town
clerk shall note his or her approval in the space provided on the envelope,
photocopy the affidavit from all provisional envelopes, place all provisional
envelopes with the official return of vote, and send all information to the
secretary of state in a manner prescribed by the secretary.
(d) Upon receipt of the official return of vote that contains provisional
envelopes from any town clerk, the secretary shall open all envelopes that were
approved by the municipal clerk, deposit the ballot in a ballot box, and count
all approved ballots, adding the totals to the statewide count for federal
offices. (Added 2003, No. 59, § 30, eff. June 7, 2003.)
§ 2561. Hours of voting; extended hours
(a) At all elections using the Australian ballot system, the polls shall open no
earlier than 5:00 a.m. and no later than 10:00 a.m. as set by the board of civil
authority in each town unless the board of civil authority has elected to open
the polls earlier than 6:00 a.m. as provided in section 2494 of this title. The
polls in all polling places shall close at 7:00 p.m.
(b) If at the hour of closing there are any qualified voters at the polling
place desiring to vote, who have been unable to do so since appearing there, the
polls shall be kept open long enough after the hour of closing to allow those
present a reasonable opportunity to vote. A person not present at the hour of
closing shall not be entitled to vote, although the polls may not actually be
closed when he arrives. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979,
No. 200 (Adj. Sess.), § 75; 2003, No. 59, § 31.)
§ 2562. Presiding officer to assign duties to
election officials
At each polling place, the presiding officer shall assign specific duties to
each election official present. Insofar as practical, he shall assign election
officials to work in pairs, with each pair containing members from different
political parties. (Added 1977, No. 269 (Adj. Sess.), § 1.)
§ 2563. Admitting voter
Before a person may be admitted to vote, he or she shall announce his or her
name and if requested, his or her place of residence in a clear and audible tone
of voice, or present his or her name in writing, or otherwise identify himself
or herself by appropriate documentation. The election officials attending the
entrance of the polling place shall then verify that the person's name appears
on the checklist for the polling place. If the name does appear, and if no one
immediately challenges the person's right to vote on grounds of identity or
having previously voted in the same election, the election officials shall
repeat the name of the person and:
(1) If the checklist indicates that the person is a first-time voter in the
municipality who registered by mail and who has not provided required
identification before the opening of the polls, require the person to present
any one of the following: a valid photo identification; a copy of a current
utility bill; a copy of a current bank statement; or a copy of a government
check, paycheck, or any other government document that shows the current name
and address of the voter. If the person is unable to produce the required
information, the person shall be afforded the opportunity to cast a provisional
ballot, as provided in subchapter 6A of this chapter. The elections official
shall note upon the checklist a first-time voter in the municipality who has
registered by mail and who produces the required information, and place a mark
next to the voter's name on the checklist and allow the voter to proceed to the
voting booth for the purpose of voting.
(2) If the voter is not a first-time voter in the municipality, no
identification shall be required, the clerk shall place a check next to the
voter's name on the checklist and allow the voter to proceed to the voting booth
for the purpose of voting. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1981,
No. 239 (Adj. Sess.), § 44; 2003, No. 59, § 32.)
§ 2564. Challenges
Each organized political party, each candidate on the ballot not representing an
organized political party, and each committee supporting or opposing any public
question on the ballot shall have the right to have not more than two
representatives outside the guardrail for the purpose of observing the voting
process and challenging the right of any person to vote. In no event shall such
representatives be permitted to interfere with the orderly conduct of the
election, and the presiding officer shall have authority to impose reasonable
rules for the preservation of order. However, in all cases the representatives
shall have the right to hear or see the name of a person seeking to vote, and
they shall have the right to make an immediate challenge to a person's right to
vote. The grounds of challenge of a person whose name appears on the checklist
shall be only:
(1) that he is not, in fact, the person whose name appears on the checklist, or
(2) that he has previously voted in the same election. If a challenge is
issued, the members of the board of civil authority present in the polling place
shall immediately convene, informally hear the facts, and decide whether the
challenge should be sustained. If the board overrules the challenge, the person
shall immediately be admitted within the guardrail and permitted to vote. If the
board sustains the challenge, the person shall not be admitted unless, before
the polls close, he shall obtain a court order directing that he be permitted to
vote. (Added 1977, No. 269 (Adj. Sess.), § 1.)
§ 2565. Delivery of ballots
As each voter passes through the entrance of the guardrail, an election official
or officials shall hand him one of each kind of ballot. He or they shall also
answer any questions a voter may ask concerning the process of voting. The
presiding officer shall keep the election officials in charge of furnishing
ballots to voters supplied with a sufficient number of blank ballots, keeping
the remainder of the blank ballots safely secured until needed. (Added 1977, No.
269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 76.)
§ 2566. Marking ballots
On receiving his ballots, the voter shall forthwith, and without leaving the
polling place or going outside the guardrail, retire alone to one of the booths
not occupied by any other person and prepare his ballots by marking in the
appropriate square or place a cross (X) opposite the name of the candidate of
his choice for each office, or by filling in the name of the candidate of his
choice in the blank space provided. A voter shall not be allowed to occupy a
booth more than five minutes when other voters are waiting to mark their
ballots. (Added 1977, No. 269 (Adj. Sess.), § 1.)
§ 2567. Registering votes on voting machines
If a voter is to register his vote upon a voting machine, he shall proceed,
immediately upon being admitted within the guardrail, to a voting machine not
occupied by another voter. He shall then register his vote according to the
instructions provided to voters with the machine. Upon leaving the voting
machine, he shall proceed directly to the exit of the guardrail. A voter shall
not be allowed to occupy a voting machine more than five minutes when other
voters are waiting to vote. (Added 1977, No. 269 (Adj. Sess.), § 1.)
§ 2567. Registering votes on voting machines
(a) If a voter is to register his vote upon a voting machine, he or she shall
proceed, immediately upon being admitted within the guardrail, to a voting
machine not occupied by another voter. The voter shall then register his or her
vote according to the instructions provided to voters with the machine. Upon
leaving the voting machine, he or she shall proceed directly to the exit of the
guardrail.
(b) All polling places, regardless of whether the municipality has voted to use
a voting machine pursuant to section 2492 of this title, shall possess at least
one voting system approved by the secretary of state equipped for individuals
with disabilities, including accessibility for the blind and visually impaired,
to vote independently and privately. (Added 1977, No. 269 (Adj. Sess.), § 1;
amended 2003, No. 59, § 33, eff. Jan. 1, 2006.)
§ 2568. Spoiled and unused ballots
A person shall not take or remove a ballot from the polling place before the
close of the polls. If a voter spoils a ballot, he may obtain others, one at a
time, not exceeding three in all, upon each time returning the spoiled one. If a
person fails to use a ballot he shall deliver it to the presiding officer before
going outside the guardrail. Spoiled and unused ballots shall be immediately
canceled and, together with those originally delivered to the presiding officer
which remain undistributed to the voters, shall be preserved and returned to the
town clerks, in the same manner provided for in section 2590 of this title, and
the clerk shall preserve them in such condition, unless called for by some
authority entitled to demand and receive them. After 90 days from the date the
election is held they may be destroyed or distributed by the town clerk for
educational purposes or for any other purpose the town clerk deems appropriate.
(Added 1977, No. 269 (Adj. Sess.), § 1.)
§ 2569. Assistance to voter
(a) A voter who declares to the presiding officer that he or she needs
assistance to mark the ballot or register a vote on a machine shall be assisted
in the marking or registering of the ballot by a person of the voter's choice or
two election officials of different party affiliations.
(b) A person who gives assistance to a voter in the marking or registering of
his ballot shall not in any way divulge any information regarding the choice of
the voter or the manner in which the voter's ballot was cast. (Added 1977, No.
269 (Adj. Sess.), § 1; amended 1985, No. 196 (Adj. Sess.), § 1; 1989, No. 200
(Adj. Sess.), § 4; 2003, No. 59, § 34.)
§ 2570. Depositing ballots
(a) In primary elections, each voter shall separate all sections on the
perforations, whether voted or unvoted, and fold each section separately. The
voter shall first hand the unvoted section or sections to the appropriate
election official, who shall deposit the section or sections in a receptacle
marked for unvoted ballots. The voter shall then deposit the voted section of
the ballot in the ballot box, unless the voter requires assistance in depositing
the ballot.
(b) In all other elections, before leaving the booth, the voter shall fold his
ballots separately, without displaying the marks thereon, and shall then
himself, under the supervision of an election official, deposit each ballot into
the proper ballot box.
(c) Except as provided in section 2569 of this title, no election official or
other person shall look at the contents of any ballot or any voted or unvoted
section of the ballot. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No.
200 (Adj. Sess.), § 77.)
§ 2571. Checking voter's name upon leaving
In towns that have exit checklists, before a voter's ballots are deposited, he
or she shall again announce his or her name to the election officials attending
the second certified copy of the checklist. A mark shall then be placed next to
his or her name upon the checklist, ballots shall be deposited and he or she
shall proceed immediately outside the guardrail by the exit and shall not again
enter within the guardrail unless he or she is an election official. (Added
1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 78; 2001,
No. 5, § 8.)
§ 2572. Viewing of the checklist
(a) A representative of each political party, a candidate on the ballot not
represented by a political party and a representative of each committee
supporting or opposing any public question on the ballot shall each have the
right to view, no more than two times each, a copy of the checklist upon which
the election officials are marking those persons who have voted.
(b) This viewing shall occur only at times during the election which are
convenient for the election officials and is required to be permitted only in
instances where the board of civil authority have received a request in writing
from the representative or candidate at least 12 hours before the opening of the
polls.
(c) This section shall only apply at polling places which have checklists of
eligible voters numbering 500 or less. (Added 1977, No. 269 (Adj. Sess.), § 1.)
§ 2573. No counting before polls close
In towns using paper ballots, the ballot boxes shall not be opened nor the
ballots counted before the closing of the polls. In towns using voting machines,
the machine counts shall not be viewed or printed before the closing of the
polls. (Added 1979, No. 200 (Adj. Sess.), § 79; amended 2003, No. 59, § 35.)
§ 2581. Closing polls
When the hours set for voting, including extended hours of voting, have expired,
the presiding officer at each polling place shall publicly announce that the
polls are closed. He shall then insure that all persons who are not election
officials are prevented from entering within the guardrail until all votes have
been counted and ballots secured as provided in this subchapter. Persons who are
not election officials may remain within the polling place but outside the
guardrail, or within a designated area in any other room where ballots are being
counted, provided that they are able to observe the counting process, but that
they do not in any way interfere with the orderly count and return of votes.
(Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), §
80.)
§ 2582. Presiding officer to direct count;
transporting ballots or checklist.
The presiding officer shall direct the manner in which the votes are counted,
subject to the provisions of this title and as provided for in the rules for
counting ballots adopted by the secretary of state. Ballots shall be counted at
the polling places where they are cast, except where the secretary of state,
upon request of the presiding officer, has issued a determination that the
ballots should be counted elsewhere, or the checklist should be moved by two
elections officials of different parties for the purpose of making a photocopy.
(Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), §
81; 1981, No. 239 (Adj. Sess.), § 30; 2003, No. 59, § 36.)
§ 2583. Official checklist to be tallied
(a) The presiding officer, as soon after the closing of the polls as possible,
shall cause both certified checklists to be examined and the number of voters
checked as having voted to be tallied. Both tallies shall be recorded by the
presiding officer. The presiding officer shall prepare a statement listing any
discrepancies between the checklists, including the names involved and other
details relating to the discrepancies. Each checklist shall be identified as
either the "entrance" or "exit" checklist, and the exit checklist, together with
a statement of discrepancies, shall be sealed and stored with the ballots and
tally sheets as provided in section 2590 of this title. The entrance checklist
shall be safely stored so that the public cannot have access to it for a period
of 90 days except under the direct supervision of the town clerk.
(b) If in the case of voting machines an exit checklist is not used, as provided
by section 2496 of this title, read-out sheets and other machine materials which
are used to provide equivalent security shall be sealed and stored with the
ballots and tally sheets. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979,
No. 200 (Adj. Sess.), § 82; 1985, No. 196 (Adj. Sess.), § 3; 2003, No. 59, §
37.)
§ 2584. Opening of ballot boxes; distribution of
ballots
After the closing of the polls, the presiding officer shall open the ballot
boxes and distribute the ballots among the election officials in approximately
equal numbers. As nearly as may be, election officials shall work in pairs while
counting ballots, each pair consisting of members of different parties. Once
ballots are distributed to a pair of election officials, that pair shall retain
the same ballots throughout the counting process. If more than one kind of
ballot has been used in the election, only one kind at a time shall be
distributed. (Added 1977, No. 269 (Adj. Sess.), § 1.)
§ 2585. Ballots not to be written upon
No person shall in any manner, nor for any reason, make any mark upon either the
face or reverse side of any ballots, during the counting process. All notations,
arithmetic, or other marking shall be done upon separate pieces of scratch
paper. (Added 1977, No. 269 (Adj. Sess.), § 1.)
§ 2586. Secretary of state to prepare forms
The secretary of state shall design, prepare, and distribute a sufficient supply
of the following forms, which shall be used in each polling place during the
counting process:
(1) Tally sheets. These sheets shall provide a place to identify the office or
question for which the ballots are being counted, the name of each candidate for
that office, and the signature of the pair of election officials actually
counting the ballots. Votes for each candidate or question shall be recorded on
the tally sheets by means of "tick" marks or some other convenient system, and
the total shall then be written on the tally sheet. Blank and spoiled ballots
shall be indicated. All ballots must be accounted for on the tally sheets.
(2) Summary sheets. These sheets shall be used to record the totals shown on all
tally sheets in the polling place for each office or public question, and the
sum of such totals. They shall provide a place to identify the office or public
question, the candidates, and the signatures of the presiding officer and at
least one other election official.
(3) Return. The return shall be prepared in duplicate and used to make the
official report from each polling place of the grand totals of all votes cast in
the polling place. It shall identify the polling place, and each candidate or
question receiving votes, and shall be signed by the presiding officer and at
least one other election official. (Added 1977, No. 269 (Adj. Sess.), § 1.)
§ 2587. Rules for counting ballots
(a) In counting ballots, election officials shall attempt to ascertain the
intent of the voter, as expressed by his markings on the ballot which is
consistent with guidance adopted by the secretary of state. The secretary shall
adopt, by rule, guidance on determining whether a ballot is spoiled. If it is
impossible to determine the intent of the voter for any office or public
question, the ballot shall be counted as blank or spoiled, as the case may be,
for that office or question; but that determination shall not control any other
office or question on the ballot for which the voter's intent can be determined.
If they have any doubt about the intent of the voter or any other question about
a ballot, the election officials counting the ballot shall bring it to the
presiding officer, who shall present the question of how to treat the ballot to
the assembled election officials. The decision of how to treat the ballot shall
be made by majority vote of the election officials who are present.
(b) If the voter marks more names than there are persons to be elected to an
office, or marks contradictory sides on any public question, his ballot shall
not be counted for that office or public question.
(c) A person who receives more than one vote for the same office on any ballot
shall be entitled to one vote, and one vote only.
(d) If the board of civil authority decides by majority vote of those present
that any markings on a ballot were made for the purpose of enabling it to be
identified and the vote traced, so as to defeat the secrecy of the ballot, that
ballot shall be rejected. The board shall make a record of the rejection and the
reason for it, and shall preserve the record with the ballot in question.
(e) In the case of "write-in" votes, the act of writing in the name of a
candidate, or pasting a label containing a candidate's name upon the ballot,
without other indications of the voter's intent, shall constitute a vote for
that candidate, even though no cross is placed after such name. The election
officials counting ballots and tallying results must list every person who
receives a "write-in" vote and the number of votes received. On each tally
sheet, the counters shall add together the names of candidates that are clearly
the same person, even though a nickname or last name is used. Names of
fictitious persons shall not be listed.
(f) When the same number of persons are nominated for the position of justice of
the peace as there are positions to be filled, the presiding officer may declare
the whole slate of candidates elected without making individual tallies,
providing each person on the slate has more votes than the largest number of
write-in votes for any one candidate. (Added 1977, No. 269 (Adj. Sess.), § 1;
amended 1979, No. 200 (Adj. Sess.), §§ 83-85; 2003, No. 59, § 38.)
§ 2588. Filing returns
(a) In towns that count all ballots by hand, as the count of votes for each office or public question is completed,
the presiding officer and at least one other election official shall collect the tally sheets, enter the totals shown on
the tally sheets upon the summary sheets, add and enter the sum of the figures, and sign the summary sheets.
As each summary sheet is completed, the presiding officer shall publicly announce the results.
(Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 86; 2003, No. 59, § 39,
amended 2009, No. 40 (Adj. Sess.), § 2.)
(b) In towns that use vote tabulating machines, after the close of the polls and after all remaining
absentee or transfer ballots have been fed into the machine, the presiding officer shall insert the ender card and
the tabulator will print a tape of unofficial results. The presiding officer shall print at least two additional copies of
the tabulator tape. The unofficial results from the tape may be publicly announced, and one copy of the printed tape
may be posted in the polling place upon a placard that clearly states: “Unoffiical imcomplete results.”
(Added 2009, No. 40 (Adj. Sess.), § 2.)
(c) The presiding officer and one other election official then shall proceed either to complete the return at once,
or to store the summary sheets in a safe and secure place until their retrieval for completion of the return.
In any event, no later than 24 hours after the polls close, the presiding officer and at least one other election
official shall transfer the totals from the summary sheets to the proper spaces on the return, and both shall sign
the return. The town clerk shall store the summary sheets safely so that the public cannot reasonably have
access to them for a period of 90 days without the town clerk’s consent. The original of the return shall be
delivered to the town clerk. In a manner prescribed by the secretary of state and within 48 hours of the close
of the polls, the town clerk shall deliver to the secretary of state, the senatorial district clerk, the county clerk,
and the representative district clerk, one certified copy each of the return. The town clerk shall also make a
copy available to the public upon request. (Amended 2009, No. 40 (Adj. Sess.), § 2.)
§ 2589. Identifying ballots
When each kind of ballot has been completely counted, each pair of election
officials shall securely bind the ballots they have counted and one copy of each
tally sheet they have prepared with string or rubber bands and shall, on a
separate piece of paper, indicate the number of ballots in the package and the
identity of the election officials who counted them, as: "100 ballots counted by
John Doe and Mary Smith." (Added 1977, No. 269 (Adj. Sess.), § 1.)
§ 2590. Securing and storing ballots, tally sheets
and checklists
(a) The packages of ballots, tally sheets, and other election material shall be
collected by the presiding officer and delivered to the town clerk, securely
sealed in the containers provided for in subsection (b) of this section. If the
material collected from one polling place is sealed in more than one container,
the presiding officer shall ensure that there shall be attached to the container
in which the checklist or checklists are located a tag stating that the
checklist or checklists are in that container. The form of the seal shall be
designated and furnished by the secretary of state in sufficient quantities to
each town clerk. The secretary of state shall require that all seals be safely
kept and fully accounted for. The entrance checklist shall also be forwarded to
the town clerk.
(b) The secretary of state shall furnish to all town clerks, sufficient quantities of uniform-style containers. The secretary of
state shall establish a method by which the outside of each container shall indicate the contents of the container, the town to which it
belongs, and such other pertinent information as may be required. (Amended 2007, No. 54 (Adj. Sess.), § 10)
(c) The presiding officer shall return all sealed containers to the town clerk, who shall safely store them, and shall not permit them to be
removed from his or her custody or tampered with in any way. In the event that a ballot bag or container breaks, splits, or opens
through handling, or in the event the entrance checklist was inadvertently sealed in a ballot bag or container, the town clerk shall notify the
secretary of state in writing, and the secretary of state shall order the town clerk in the presence of two town election officials who are not
members of the same political party to open the bag to remove the entrance checklist or to move the entire contents to new bags or
containers, affix new seals, and transmit the new seal numbers. Ballot bags or containers shall not be removed or tampered with in any
other way, except under court order, or by order of any authorized committee of the general assembly. If necessary for safe storage of
the containers, the town clerk may store them in a bank vault or other secure place, within or without the town, provided that access to them
cannot reasonably be had without the town clerk's consent. (Amended 2007, No. 54 (Adj. Sess.), § 10)
(d) Except as otherwise provided by federal law, all ballots and tally sheets
shall be retained for a period of 90 days from the date of the election, after
which time they may be destroyed; provided, however, that if a court order is
entered prior to the expiration of the 90-day period, ordering some different
disposition of the ballots, the town clerk shall abide by such order.
(e) After the sealed containers are opened as provided in subsection (d) of this
section, the town clerk shall file a copy of the entrance or exit checklist and
preserve it, together with a statement of discrepancies, as a public record. The
checklist shall be retained for a period of at least five years from the date of
the election and shall be made available at cost to the public upon request.
(Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), §
87; 1985, No. 148 (Adj. Sess.), § 2; No. 196 (Adj. Sess.), § 4; 1995, No. 148
(Adj. Sess.), § 4(a).)
§ 2591. Return not received
If any canvassing committee does not receive in due time any return required to
be forwarded to it, it shall notify the clerk of the town from which the return
is lacking, who shall forthwith make another certified copy of the record in his
office of the lacking return and transmit the same to the committee. (Added
1977, No. 269 (Adj. Sess.), § 1.)
§ 2592. Canvassing committees; canvass of votes in
general or special elections
(a) For all state and national offices and statewide public questions, the
secretary of state and the chairman of the state committee of each major
political party (or his designee) shall constitute a canvassing committee to
receive and tally returns and issue certificates.
(b) For all county offices (except justice of the peace) and countywide public
questions, the county clerk and the chairman of the county committee of each
major political party (or his designee) shall constitute a canvassing committee
to receive and tally returns and issue certificates.
(c) For state senator, the senatorial district clerk and the chairman of the
county committee of each major political party (or his designee) in the county
for which the senatorial district clerk is clerk shall constitute a canvassing
committee to receive and tally returns and issue certificates.
(d) For state representative, the representative district clerk and one other
election official from the district shall serve as a canvassing committee to
receive and, if necessary, tally returns and issue certificates.
(e) In the case of the canvassing committees in subsections (b) and (c) of this
section, if there is no party organization or party chairman in the county, the
state committee chairman may designate a person to serve on the appropriate
canvassing committee.
(f) In the case of primary elections, the canvass of votes shall be made as
provided in subchapter 1 of chapter 49 of this title.
(g) In the case of general or special elections, each canvassing committee shall
meet at 10:00 a.m. one week after the day of the election and proceed to canvass
the votes as provided in subsections (h) through (m) of this section. The
canvassing committee may recess from time to time until it has completed its
work.
(h) The canvassing committee shall declare the person receiving the largest
number of votes for each office to be elected, and it shall issue a certificate
of election, signed by a majority of the canvassing committee, in substantially
the following form:
State of Vermont )
) s.s.
County )
At ...................., on the ............ day of .................... 20
.........., a canvassing committee appointed by law completed a canvass of the
returns cast at a general election held on the ................ day
of .................., 20 ........ for the office of ..................... The
committee hereby certifies that ....................
of .................... was duly elected to the office by the voters present and
voting.
_________________________
_________________________
The committee shall send or deliver the certificate to the candidate elected. In
the case of representatives to the general assembly, the committee shall also
send or deliver a copy of each certificate to the secretary of state.
(i) In the case of justices of the peace, the town clerk shall send or deliver a
certificate signed by the town clerk and one other election official to each
candidate elected. The secretary of state shall provide certificate forms for
this purpose. The town clerk shall also file with the secretary of state a list
of the names and addresses of justices of the peace and shall notify the
secretary of state of any changes in the list as filed.
(j) The certificate shall be a sufficient credential of such person's election,
unless superseded by a court order as provided by subchapter 9 of this chapter.
(k) In the case of the offices of governor, lieutenant governor, treasurer,
secretary of state, attorney general, and auditor of accounts, the canvassing
committee shall prepare a certificate of election but shall not sign it. The
prepared certificate shall be presented to the official canvassing committee
appointed by the general assembly, pursuant to chapter II, section 47 of the
Vermont constitution, for their use if they desire.
(l) In the case of a tie vote, the canvassing committee shall forthwith petition
the appropriate superior court for a recount pursuant to section 2602 of this
title.
(m) Each canvassing committee shall file a report of its findings with the
secretary of state, who shall preserve the reports as permanent records. (Added
1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 88; 2003,
No. 59, § 40.)
§ 2593. Participation to be entered on statewide checklist by town clerk
Not later than 60 days after the general election, the town clerk shall indicate on the town or municipal checklist of the statewide
checklist each voter's participation in the general election by a method approved by the secretary of state. (Added 2007, No. 54 (Adj. Sess.), § 11)
§ 2601. Recounts
In an election for statewide office, county office, or state senator, if the difference between the number of votes
cast for a winning candidate and the number of votes cast for a losing candidate is less than two percent of the total votes
cast for all the candidates for an office, that losing candidate shall have the right to have the votes for that office recounted.
In an election for all other offices, if the difference between the number of votes cast for a winning candidate and the number
of votes cast for a losing candidate is less than five percent of the total votes cast for all the candidates for an office, divided
by the number of persons to be elected, that losing candidate shall have the right to have the votes for that office recounted.
(Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 89; amended 2010, No. 98, § 2.)
§ 2602. Procedure for recounts
(a) In the case of recounts for local elections and recounts for the office of
justice of the peace, the procedures for conducting the recount shall be as
provided in subchapter 3, chapter 55 of this title.
(b) In the case of recounts other than specified in subsection (a) of this
section, the following procedure shall apply. A petition for a recount shall be
filed within 10 days after the election. The petition shall be filed with the
superior court, Washington County, in the case of candidates for state or
congressional office, or for a presidential election; the petition shall be
filed with the superior court in any county in which votes were cast for the
office to be recounted, in the case of any other office. The petition shall be
supported, if possible, by a certified copy of the certificate of election
prepared by the canvassing committee, verifying the total number of votes cast
and the number of votes cast for each candidate.
(c) The superior court shall set an early date for the recount, notifying all candidates at least five days in advance.
The court shall order the town clerk or clerks having custody of the ballots to be recounted to appoint two election officials who are
not members of the same political party who shall transport them to the county clerks of their respective counties before the day set for the
recount. County clerks shall store all ballots, still in their sealed containers, in their vaults until the day of the recount. The court shall appoint
a sufficient number of impartial voters as a committee to recount the votes. (Amended 2007, No. 54 (Adj. Sess.), § 13)
(d)-(h) [Repealed.]
(i) The secretary of state shall bear the costs of recounts covered under this
chapter. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj.
Sess.), §§ 90-93; 1985, No. 148 (Adj. Sess.), §§ 3, 4; No. 196 (Adj. Sess.), §
16; 1989, No. 211 (Adj. Sess.), § 5.)
§ 2602a. Appointment of recount committee
(a) Upon receipt of a petition, the clerk shall notify the chairpersons of the
relevant county political committees that a petition has been filed requesting a
recount and advising them to submit immediately a list of nominees for
individuals to serve on a recount committee. In the case of a recount in a
primary election, the clerk shall notify all candidates for the office which is
the subject of the recount, advising them to submit immediately a list of
nominees for individuals to serve on a recount committee. If a candidate for an
office which is the subject of a recount is from a party which does not have a
county committee, the clerk shall send a copy of the notice to the state
committee of the party advising them to submit immediately a list of nominees
for individuals to serve on a recount committee. If a candidate for an office
which is the subject of a recount is independent, that candidate will be sent a
copy of the notice and requested to submit immediately a similar list of
nominees for individuals to serve on a recount committee. If a list of nominees
is not delivered to the clerk with due speed, the clerk, before the judge sets
the date for the recount, shall notify the appropriate candidates that they have
24 hours to submit lists of nominees for individuals to serve on the recount
committee.
(b) The superior court shall set an early date for the recount, making appointments to the recount committee
from among those nominated under this section. In making these appointments, the court shall appoint an equal
number of persons from each party and from those persons representing an independent candidate. After making
the appointments, the court shall notify all candidates of the recount date at least five days in advance. The court
shall order the town clerk or clerks having custody of the ballots to be recounted appoint two election officials who are
not members of the same political party, who shall transport them to the appropriate county clerks before the day
set for the recount. (Added 1985, No. 148 (Adj. Sess.), § 5; amended 2009, No. 40 (Adj. Sess), § 3.)
§ 2602b. Assignment of duties
(a) The county clerk shall supervise the recount and may appoint a sufficient
number of impartial assistants to perform appropriate tasks which have not been
assigned to recount committee members. The county clerk shall store all ballots,
still in their sealed containers, in his or her vault until the day of the
recount.
(b) The county clerk shall assign committee members to teams of at least four
persons, consisting of one caller and one observer, representing different
candidates, and one tally person and one double-check person, representing
different candidates. Any additional team members shall be additional observers
and double-check persons, who shall be assigned to ensure that each candidate
has one person assigned as either a caller or an observer and one person
assigned as either a tally person or a double-check person. One team shall be
designated as the clerk observer team, which shall perform only the functions
established under this section for that team.
(c) The recount committee shall use fresh seals, manila tags, tally sheets,
double-check sheets, summary sheets for each polling place, master lists for the
entire election to be recounted, and other appropriate material provided by the
secretary of state. (Added 1985, No. 148 (Adj. Sess.), § 5.)
§ 2602c. Preparation for recount
(a) Before the recount begins, the county clerk shall explain the recount
procedures which are to be followed and shall answer questions relating to such
procedures.
(b) The recount teams established shall recount the contents of one container
before another container is opened, shall recount the contents of all the
containers relating to one polling place before moving to those of another
polling place, and shall complete the recount for one town before moving to
material relating to another town.
(c) For each polling place, the number of containers shall be counted and
recorded on the master list.
(d) Before opening, each container shall be inspected, and if no tag is present,
replacement manila tags shall be affixed, specifying date of election and name
of town and polling place. Likewise, each seal shall be examined to see if it is
intact, and the clerk shall attach to any bag with a defective seal a tag
stating that the seal was defective and containing the information which was
contained on the defective seal.
(e) Uncounted containers shall be kept in one part of the room and moved to the
other side as they are counted; each team shall have a separate table and the
county clerk shall have a separate table, all of which tables shall be spaced
apart.
(f) If there is more than one container from a polling place, the clerk shall
open first the container which is identified as containing the checklist. Upon
opening the first container in the presence of the clerk observer team, the
clerk shall empty the contents onto the clerk's table. The clerk shall ensure
that teams are not given unused ballots, early or absentee ballots which arrived
after the close of polls, or ballots spoiled by voters and turned in by voters
requesting fresh ballots. (Added 1985, No. 148 (Adj. Sess.), § 5; amended 2001,
No. 6, § 12(a), eff. April 10, 2001.)
§ 2602d. Examination of checklists
(a) The checklist from the first bag shall be assigned to a team. The caller and
observer, each acting independently, shall examine the checklist and determine
how many voters voted at the polling place, repeating the process until they
agree on a number or until they agree to disagree on a number.
(b) Then the checklist shall be examined by the tally person and the
double-check person, repeating the process until they agree on a number or they
agree to disagree on the number.
(c) The results obtained from the two subgroups will be compared and if they do
not match, the process shall be repeated until there is agreement among all the
members of the team or until team members agree to disagree.
(d) The number finally determined by a majority of team members shall be
submitted to the clerk in the presence of the clerk observer team, together with
an indication of the nature and extent of the disagreement. If one or more team
members do not agree with the number submitted, the clerk shall note on the
master list the fact that the number of people appearing as having voted on a
specified checklist was subject to dispute. (Added 1985, No. 148 (Adj. Sess.), §
5.)
§ 2602e. Sorting of ballots
(a) Ballots from the first container shall be counted by one team and placed
into piles containing 50 ballots each, except where there is a final pile which
contains less than 50, in which case, the counting team shall affix to the top
of the pile a note indicating how many ballots are contained in the pile. All of
these ballots then shall be transferred to another team which shall verify that
they are in piles of 50 ballots each and that any remaining pile contains the
designated number of ballots.
(b) The teams, except the clerk observer team and possibly the team which is
processing the checklists, shall proceed to their tables and each team shall get
from the clerk one pile of ballots, one tally sheet and one double-check sheet
per 50 ballots, unless there are more persons per team who serve as double-check
persons, in which case, each such person shall be assigned a double-check sheet.
If a team spoils a tally sheet or needs to retally, it must turn in the tally
sheet in order to get another one. (Added 1985, No. 148 (Adj. Sess.), § 5.)
§ 2602f. First tally
(a) The caller shall call the name of the person voted for and/or blank ballots,
and/or spoiled ballots. The tally person and the double-check person or persons
each shall make a suitable mark for that candidate and/or blank ballots, and/or
spoiled ballots.
(b) If the caller and the observer or observers do not agree on how a ballot
should be counted, the entire team shall review the ballot and if all members
agree, it shall be counted that way.
(c) If one person does not agree, that ballot shall be set aside as a questioned
ballot and a copy shall be made, which copy shall be clearly marked on its face
identifying it as a copy. Such copies shall be placed on the top of the other
ballots and shall remain together with the other ballots. Each original ballot
deemed questionable shall be attached to a note which identifies it by town,
county, polling place and bag seal number. The originals of these questionable
ballots shall be clipped to the summary sheet for that polling place and
returned to the court for a final decision.
(d) After the court has rendered a final decision on a given questionable ballot
it shall be returned to the county clerk who shall keep it in a sealed container
for a period of two years.
(e) Write-in votes for preprinted candidates shall be counted as votes for that
candidate.
(f) If the tally persons do not agree on the number of votes for a candidate,
the ballots shall be retallied until they do agree. Then the team shall notify
the clerk that it has completed the first recount. (Added 1985, No. 148 (Adj.
Sess.), § 5.)
§ 2602g. Second tally
(a) The clerk shall attach to the tally and double-check sheets a note which
indicates which team members performed which functions in the first recount, and
shall provide the team with a new tally sheet and an appropriate number of
double-check sheets to match the number of people serving as double-check
persons.
(b) The members of the team then shall switch roles, with callers and observers
becoming tally persons and double-check persons, as designated by the clerk, and
the team shall complete a second recount, following the procedures established
for the first recount.
(c) When the results of the second recount match those of the first, a note
shall be attached to the tally and double-check sheets, indicating which persons
provided what functions during the second recount.
(d) Then the team shall take its tally sheets, double-check sheets, and ballots,
plus a separate pile of questionable ballots, if any, to the county clerk.
(e) Team members, in the presence of the clerk observer team, shall read the
totals to the county clerk who, in the view of these observers, shall record the
totals on the summary sheet for that polling place.
(f) After a team has presented its pile of ballots to the clerk, it shall be
assigned another pile of ballots, until all of the piles from a particular
polling place have been recounted two times. (Added 1985, No. 148 (Adj. Sess.),
§ 5.)
§ 2602h. Completing the tally
(a) After the totals for a polling place have been listed, the clerk shall add
them up in the presence of the clerk observer team, and shall compare the number
with the number of voters who voted at that polling place, according to the
number obtained from the team that examined the certified checklist. If these
numbers differ, the clerk shall note the amount of the difference on the summary
sheets for that polling place.
(b) The clerk shall return all ballots to the container, seal it, record the
seal number on the summary sheet, write "recounted" and specify the date of the
recount on the tag, and move it to the other side of the room, making sure that
there is never more than one bag open at any one time.
(c) This procedure shall be repeated for each container, until the results from
a polling place have been recounted, and then it shall be repeated until the
results from all polling places in a town have been recounted, and then until
the results from all towns have been recounted.
(d) The clerk shall add the totals on each summary sheet, affix the clerk's seal
and send the summary sheets for all polling places together with the master list
and any questionable ballots to the court by certified mail, return receipt
requested, or shall certify the results to the judge. (Added 1985, No. 148 (Adj.
Sess.), § 5.)
§ 2602i. Costs
Recount committee members and assistants designated by the clerk shall be paid
by the state at the same per diem and mileage rates and according to the same
procedures by which jurors are paid. These and other necessary expenses, as
approved by the court, shall be paid by the state through the court
administrator's office. The secretary of state shall reimburse the court
administrator's office. (Added 1985, No. 148 (Adj. Sess.), § 5.)
§ 2602j. Other rules for conducting the recount
(a) The county clerk shall preserve order. If a person, after notice, is
persistently disorderly and refuses to withdraw from the premises, the clerk may
cause the person to be removed from the premises.
(b) The clerk shall designate an area within which the recount shall take place.
Persons who are not committee members shall be permitted to view a recount in
progress, but persons not authorized by the clerk shall not be permitted within
the area designated by the clerk.
(c) Candidates and their attorneys shall be given the opportunity to present
evidence to the court relating to the conduct of the recount. If the court
determines that any violations of recount procedures have occurred and that they
may have affected the outcome of the recount, a new recount shall be ordered.
After such hearings or arguments as may be indicated under the circumstances,
the superior court, within five working days, shall issue a judgment, which
shall supersede any certificate of election previously issued and shall return
to the county clerk questionable ballots which had been forwarded to the court.
(Added 1985, No. 148 (Adj. Sess.), § 5.)
§ 2602k. After the recount
(a) If the recount results in a tie, the court shall order a recessed election
to be held, within three weeks of the recount, on a date set by the court. The
only candidates who shall appear on the ballot at the recessed election shall be
those who tied in the previous election. The recessed election shall be
considered a separate election for the purpose of voter registration under
chapter 43 of this title. If the recount confirms a tie, as to any public
question, no recessed election shall be held, and the question shall be
certified not to have passed. Warnings for a recessed election shall be posted
as required by subchapter 5 of this chapter, except that the warnings shall be
posted not less than 10 days before the recessed election. The conduct of a
recessed election shall be as provided in this chapter for general elections.
(b) After the recount, the county clerk shall seal the ballots and other
materials back in the containers and store them in the county clerk's vault
until returned to the towns. The county clerk shall return all ballots to the
respective town clerks after issuance of the court's judgment, together with a
copy of the judgment. The state police shall transport the ballots to the towns
from which they came.
(c) The court shall send a certified copy of the judgment to the secretary of
state. (Added 1985, No. 148 (Adj. Sess.), § 5.)
§ 2602l. Recounts using voting machines
In all recounts conducted under this chapter, ballots shall be counted by hand as described in sections 2602a
through 2602k of this title, unless the candidate who petitions for a recount requests that the recount be conducted
by optical scanner. (Added 1985, No. 148 (Adj. Sess.), § 5; amended 2003, No. 59, § 41; amended 2009, No. 40 (Adj. Sess.) § 4.)
§ 2603. Contest of elections
(a) The result of an election for any office, other than for the general
assembly, or public question may be contested by any legal voter entitled to
vote on the office or public question to be contested.
(b) A contest is initiated by filing a complaint with a superior court alleging:
(1) that errors were committed in the conduct of the election or in count or
return of votes, sufficient to change the ultimate result;
(2) that there was fraud in the electoral process, sufficient to change the
ultimate result; or
(3) that for any other reason, the result of the election is not valid.
(c) The complaint shall be filed within 15 days after the election in question,
or if there is a recount, within 10 days after the court issues its judgment on
the recount. In the case of candidates for state or congressional office, for a
presidential election, or for a statewide public question, the complaint shall
be filed with the superior court, Washington County. In the case of any other
candidate or public question, the complaint shall be filed with the superior
court in any county in which votes were cast for the office or question being
challenged.
(d) The Vermont Rules of Civil Procedure shall apply to contests of elections,
except that such cases shall be placed upon a special calendar, and hearings
shall be scheduled on a priority basis, as public policy demands that such
questions be resolved promptly.
(e) After hearing, the court shall issue findings of fact and a judgment, which
shall supersede any certificate of election previously issued. If the court
finds just cause, the court shall grant appropriate relief, which may include,
without limitation, ordering a recount, or ordering a new election. If during
the hearing the court receives credible evidence of criminal conduct, the court
shall order a transcript of all or part of the testimony to be forwarded to the
proper state's attorney. If a new election is ordered, the court shall set a
date for it, after consulting with the secretary of state; in ordering a new
election, the court shall have authority to issue appropriate orders, either to
provide for special cases not covered by law, or to supersede provisions of law
which may conflict with the needs of the particular situation.
(f) The court shall send a certified copy of its findings of fact and judgment
to the secretary of state.
(g) [Repealed.] (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200
(Adj. Sess.), §§ 94, 95; 1981, No. 239 (Adj. Sess.), § 19; 1985, No. 148 (Adj.
Sess.), § 6; No. 196 (Adj. Sess.), § 15.)
§ 2604. Repealed. 1985, No. 148 (Adj. Sess.), § 7.
§ 2605. House of representatives
(a) A candidate for the office of representative to the general assembly in the
general election, or any elected town officer in the representative district, or
any 25 voters in the representative district may request the house of
representatives to exercise its constitutional authority to judge of the
elections and qualifications of its own members, by filing a written request
with the secretary of state specifying the candidate or candidates whose
election is being challenged. The request must be filed no later than the latest
of the following:
(1) 20 days after the date of the election;
(2) 10 days after a final court judgment, if there is a recount under section
2602 of this title; or
(3) 10 days after a final court judgment, if there is a contest under section
2603 of this title.
(b) The secretary of state shall notify the attorney general, who shall
investigate the facts, take such depositions as may be necessary, prepare an
opinion on the law and facts, and send his report and opinion to the secretary
of state at least 10 days before the general assembly convenes. (Added 1977, No.
269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 96.)
§ 2606. Senate
(a) A candidate for the office of state senator in the general election, or any
100 voters in the senatorial district may request the senate to exercise its
constitutional authority to judge of the elections and qualifications of its own
members by filing a written request with the secretary of state specifying the
candidate or candidates whose election is being challenged. The request must be
filed no later than the latest of the following:
(1) 20 days after the date of the election;
(2) 10 days after a final court judgment, if there is a recount under section
2602 of this title; or
(3) 10 days after a final court judgment, if there is a contest under section
2603 of this title.
(b) The secretary of state shall notify the attorney general, who shall
investigate the facts, take such depositions as may be necessary, prepare an
opinion on the law and facts, and send his report and opinion to the secretary
of the senate at least 10 days before the general assembly convenes. (Added
1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 97.)
§ 2607. Canvassing committee
The canvassing committee for state and national offices shall meet at 10:00 a.m.
one week after the day of election to certify the results of the presidential
primary. The chair of each major political party shall be given a copy of the
official certificate of votes for the election. (Added 1995, No. 38, § 1.)
§ 2616. Jurisdiction to prosecute criminal offenses
The state's attorney in any county in which all or a part of any violation of
this title was committed shall have authority to prosecute such violations. The
prosecution shall be conducted before the Vermont district court. (Added 1977,
No. 269 (Adj. Sess.), § 1.)
§ 2617. Jurisdiction of superior courts
In all cases for which no other provision has been made, the superior court
shall have general jurisdiction to hear and determine matters relating to
elections and to fashion appropriate relief. (Added 1977, No. 269 (Adj. Sess.),
§ 1.)
§§ 2497, 2498. Repealed. 2001, No. 5, § 6.
§§ 2481, 2482. Repealed. 1979, No. 200 (Adj. Sess.),
§ 120.
CHAPTER 53: VACANCIES
§ 2621. Vacancy in office of United States senator or
representative
If a vacancy occurs in the office of United States senator or United States
representative, the governor shall call a special election to fill the vacancy.
His proclamation shall specify a day for the special election and a day for a
special primary, pursuant to section 2352 of this title. The special election
shall be held not more than three months from the date the vacancy occurs,
except that if the vacancy occurs within six months of a general election, the
special election may be held the same day as the general election. (Added 1977,
No. 269 (Adj. Sess.), § 1.)
§ 2622. Interim appointment of United States senator
The governor may make an interim appointment to fill a vacancy in the office of
United States senator, pending the filling of the vacancy by special election.
(Added 1977, No. 269 (Adj. Sess.), § 1.)
§ 2623. Vacancies in offices within this state
(a) In the event of a vacancy in any state, county, or legislative office, the
governor may request the political party of the person whose death or
resignation created the vacancy to submit one or more recommendations as to a
successor. The proper committee to which a request for recommendation shall be
directed shall be:
(1) for state officers, the state committee;
(2) for county officers, except justices of the peace and probate judges, the
county committee;
(3) for state senator, the senatorial district committee;
(4) for state representative, the representative district committee;
(5) for justice of the peace, the town committee;
(6) for probate judge, the probate district committee.
(b) The governor may appoint a qualified person to fill the vacancy for the
remaining portion of the term, whether or not the appointee is recommended by
the party committee. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1981, No.
239 (Adj. Sess.), § 20.)
CHAPTER 55: LOCAL ELECTIONS
§ 2630. Applicability
Except as otherwise provided, and to the extent that such a construction would
be reasonable, the provisions of this title shall apply to this chapter. (Added
1977, No. 269 (Adj. Sess.), § 1.)
§ 2631. Municipal charter
Where the charter of a municipality provides for procedures other than those
established by this chapter, the provisions of that charter shall prevail.
(Added 1977, No. 269 (Adj. Sess.), § 1.)
§ 2640. Annual meetings
(a) A meeting of the legal voters of each town shall be held annually on the
first Tuesday of March for the election of officers and the transaction of other
business, and it may be adjourned to another date. When a town fails to hold an
annual meeting, a warning for a subsequent meeting shall be issued immediately,
and at that meeting all the officers required by law may be elected and its
business transacted.
(b) When a town so votes, it may thereafter start its annual meeting on any of
the three days immediately preceding the first Tuesday in March at such time as
it elects and may transact at that time any business not involving voting by
Australian ballot or voting required by law to be by ballot and to be held on
the first Tuesday in March. A meeting so started shall be adjourned until the
first Tuesday in March.
(c) In a town which starts its annual meeting on any day before the first
Tuesday in March and which uses the Australian ballot system, public discussion
of ballot issues and all other issues appearing in the warning, other than
election of candidates, shall be permitted on that day. (Added 1977, No. 269
(Adj. Sess.), § 1; amended 1991, No. 118 (Adj. Sess.), § 1, eff. Feb. 26, 1992.)
§ 2641. Warning and notice required; publication of
warnings
(a) The legislative body of a municipality shall warn a meeting by posting a
warning and notice in at least two public places in the town, and in or near the
town clerk's office, not less than 30 nor more than 40 days before the meeting.
If a town has more than one polling place and the polling places are not all in
the same building, the warning and notice shall be posted in at least two public
places within each voting district and in or near the town clerk's office.
(b) In addition, the warning shall be published in a newspaper of general
circulation in the municipality at least five days before the meeting, unless
the warning is published in the town report, or otherwise distributed in written
form to all town or city postal patrons at least 10 days before the meeting. The
legislative body annually shall designate the paper in which such a warning may
be published. No such warning shall be required for municipal informational
meetings at which no voting is to take place. (Added 1977, No. 269 (Adj. Sess.),
§ 1; amended 1979, No. 200 (Adj. Sess.), § 98; amended 1985, No. 196 (Adj. Sess.),
§ 5; 1999, No. 148 (Adj. Sess.), § 85, eff. May 24, 2000.)
§ 2642. Warning and notice contents
(a) The warning shall include the date and time of the election, location of the
polling place or places, and the nature of the meeting or election. It shall, by
separate articles, specifically indicate the business to be transacted, to
include the offices and the questions to be voted upon. The warning shall also
contain any article or articles requested by a petition signed by at least five
percent of the voters of the municipality and filed with the municipal clerk not
less than 40 days before the day of the meeting.
(b) The posted notice that accompanies the warning shall include information on
voter registration, information on early or absentee voting where applicable and
other appropriate information. (Added 1977, No. 269 (Adj. Sess.), § 1; amended
1979, No. 200 (Adj. Sess.), § 99; 2001, No. 6, § 12(c), eff. April 10, 2001.)
§ 2643. Special meetings
(a) The legislative body may warn a special municipal meeting when they deem it
necessary and shall call a special meeting on the application of five percent of
the voters. A special meeting shall be called within 15 days of receipt of the
application by the legislative body.
(b) Special meetings shall, when the municipality so votes and until it votes
otherwise, start at 7:30 P.M. on the day before the day when the polls are to be
opened for voting by ballot. If so convened, all business to be done from the
floor at the special meeting may be transacted on that preceding day. At the
close of the business, the meeting shall adjourn to the following day for voting
by ballot.
(c) The legislative body may rescind the call of a special meeting called by
them but not a special meeting called on application of five percent of the
voters. (Added 1977, No. 269 (Adj. Sess.), § 1.)
§ 2644. Warnings
The original warning for each municipal meeting shall be signed by a majority of
the legislative body and shall be filed with the clerk and recorded before being
posted. When all positions on the legislative body are vacant, warnings may be
signed by the clerk. (Added 1977, No. 269 (Adj. Sess.), § 1.)
§ 2645. Charters, amendment, procedure
(a) A municipality may propose to the general assembly to amend its charter by
majority vote of the legal voters of the municipality present and voting at any
annual or special meeting warned for that purpose in accordance with the
following procedure:
(1) A proposal to adopt, repeal or amend a municipal charter may be made by the
legislative body of the municipality or by petition of five percent of the
voters of the municipality.
(2) An official copy of the proposed charter amendments shall be filed as a
public record in the office of the clerk of the municipality at least ten days
before the first public hearing and copies thereof shall be made available to
members of the public upon request.
(3) The legislative body of the municipality shall hold at least two public
hearings prior to the vote on the proposed charter amendments. The first public
hearing shall be held at least 30 days before the annual or special meeting.
(4) If the proposals to amend the charter are made by the legislative body, the
legislative body may revise the amendments as a result of suggestions and
recommendations made at a public hearing, but in no event shall such revisions
be made less than 20 days before the date of the meeting. If revisions are made,
the legislative body shall post a notice of these revisions in the same places
as the warning for the meeting not less than 20 days before the date of the
meeting and shall attach such revisions to the official copy kept on file for
public inspection in the office of the clerk of the municipality.
(5) If the proposals to amend the charter are made by petition, the second
public hearing shall be held no later than ten days after the first public
hearing. The legislative body shall not have the authority to revise proposals
to amend the charter made by petition. After the warning and hearing
requirements of this section are satisfied, proposals by petition shall be
submitted to the voters at the next annual meeting, primary or general election
in the form in which they were filed, except that the legislative body may make
technical corrections.
(6) Notice of the public hearings and of the annual or special meeting shall be
given in the same way and time as for annual meetings of the municipality. Such
notice shall specify the sections to be amended, setting out sections to be
amended in the amended form, with deleted matter in brackets and new matter
underlined or in italics. If the legislative body of the municipality determines
that the proposed charter amendments are too long or unwieldy to set out in
amended form, the notice shall include a concise summary of the proposed charter
amendments and shall state that an official copy of the proposed charter
amendments is on file for public inspection in the office of the clerk of the
municipality and that copies thereof shall be made available to members of the
public upon request.
(7) Voting on charter amendments shall be by Australian ballot. The ballot shall
show each section to be amended in the amended form, with deleted matter in
brackets and new matter underlined or in italics and shall permit the voter to
vote on each proposal of amendment separately. If the legislative body
determines that the proposed charter amendments are too long or unwieldy to be
shown in the amended form, an official copy of the proposed charter amendments
shall be maintained conspicuously in each ballot booth for inspection by the
voters during the balloting and voters shall be permitted to vote upon the
charter amendments in their entirety in the form of a yes or no proposition.
(b) The clerk of the municipality, under the direction of the legislative body,
shall announce and post the results of the vote immediately after the vote is
counted. The clerk, within 10 days after the day of the election, shall certify
to the secretary of state each proposal of amendment showing the facts as to its
origin and the procedure followed.
(c) The secretary of state shall file the certificate and deliver copies of it
to the attorney general and clerk of the house of representatives, the secretary
of the senate and the chairman of the committees concerned with municipal
charters of both houses of the general assembly.
(d) The amendment shall become effective upon affirmative enactment of the
proposal, either as proposed or as amended by the general assembly. A proposal
for a charter amendment may be enacted by reference to the amendment as approved
by the voters of the municipality. (Added 1977, No. 269 (Adj. Sess.), § 1;
amended 1979, No. 200 (Adj. Sess.), § 100; 1981, No. 239 (Adj. Sess.), § 22, eff.
May 4, 1982; 1983, No. 161 (Adj. Sess.); 1987, No. 63.)
§ 2646. Town officers; qualification; election
At the annual meeting, a town shall choose from among its legally qualified
voters the following town officers, who shall serve until the next annual
meeting and until successors are chosen, unless otherwise provided by law:
(1) A moderator;
(2) A town clerk for a term of one year unless a town votes that a town clerk
shall be elected for a term of three years. When a town votes for a three year
term for the office of town clerk, that three year term shall remain in effect
until the town rescinds it by the majority vote of the legal voters present and
voting at an annual meeting, duly warned for that purpose;
(3) A town treasurer for a term of one year unless a town votes that a town
treasurer shall be elected for a term of three years. When a town votes for a
three year term for the office of town treasurer, that three year term shall
remain in effect until the town rescinds it by the majority vote of the legal
voters present and voting at an annual meeting, duly warned for that purpose;
(4) One selectman for a term of three years who shall be elected by ballot;
(5) One lister for a term of three years who shall be elected by ballot;
(6) One auditor for the term of three years who shall be elected by ballot,
unless the town has voted to eliminate the office of auditor in accordance with
the provisions of section 2651b of this title;
(7) A first constable, and if needed a second constable, unless the town has
voted to authorize the selectmen to appoint constables as provided in section
2651a of this title. The terms of office of the first and second constable
elected or appointed shall be for one year unless a town votes that they shall
be elected or appointed for terms of two years. When a town votes for a two-year
term for the offices of first and second constable, the two-year terms shall
remain in effect until the town rescinds them by a majority vote of the legal
voters voting at an annual meeting, duly warned for that purpose;
(8) A collector of current taxes, if the town so orders;
(9) A collector of delinquent taxes, if the town so orders, for a term of one
year unless a town votes that a collector of delinquent taxes shall be elected
for a term of three years. When a town votes for a three-year term for the
collector of delinquent taxes, that three-year term shall remain in effect until
the town rescinds it by the majority vote of the legal voters present and voting
at an annual meeting, duly warned for that purpose;
(10) One or more grand jurors;
(11) A town agent to prosecute and defend suits in which the town or town school
district is interested;
(12) A trustee of public funds if the town has so ordered;
(13) A trustee of public money, but only in towns that retain possession of a
portion of the surplus funds of the United States received under the Act of
1836;
(14) A cemetery commissioner if the town has so ordered;
(15) One or more patrolmen to patrol town highways under the direction of the
selectmen, if the town so orders;
(16) One or two road commissioners who shall be elected by ballot if the town
has so ordered; otherwise they shall be appointed by the selectmen as provided
in section 2651 of this title. The road commissioners shall be elected for a
term of one year unless a town votes that the commissioners shall be elected for
a term of two or three years. When a town votes for a two-year or three-year
term for the office of road commissioner, that two-year or three-year term shall
remain in effect until the town rescinds it by the majority vote of the legal
voters present and voting at an annual meeting, duly warned for that purpose;
(17) Three water commissioners unless the town votes to elect additional
selectboard members, in which case the number of water commissioners shall, at
the discretion of the selectboard, be the same as the number of members that
comprise the selectboard. The commissioners shall be elected by ballot if the
town has so ordered; otherwise they shall be appointed by the selectboard as
provided in section 2651 of this title. (Added 1977, No. 269 (Adj. Sess.), § 1;
Amended 1983, No. 218 (Adj. Sess.); 1991, No. 177 (Adj. Sess.), § 1; 1997, No.
83 (Adj. Sess.), § 1; 1999, No. 22, § 1; 1999, No. 73 (Adj. Sess.), § 1; 2001,
No. 3, § 1.)
§ 2647. Incompatible offices
(a) An auditor shall not be town clerk, town treasurer, selectman, first constable, collector of current or
delinquent taxes, trustee of public funds, town manager, road commissioner, water commissioner, sewage
system commissioner, sewage disposal commissioner, or town district school director; nor shall a spouse of
or any person assisting any of these officers in the discharge of official duties be eligible to hold office as auditor.
A selectman or school director shall not be first constable, collector of taxes, town treasurer, auditor, or town agent.
A selectman shall not be lister. A town manager shall not hold any elective office in the town or town school district.
Election officers at local elections shall be disqualified as provided in section 2456 of this title. (Added 1977,
No. 269 (Adj. Sess.), § 1; amended 1985, No. 196 (Adj. Sess.), § 6; 1993, No. 91, § 2.)
(b) Notwithstanding subsection (a) of this section, if a school district prepares and reports its budget
independently from the budget of the town and the school district is audited by an independent public accountant, a person
shall be eligible to hold office as auditor even if that person’s spouse holds office as a school director. (Added 2009, No. 44 (Adj. Sess.), § 5.)
§ 2648. Exceptions
Section 2647 of this title shall not apply to towns having not more than 25
legal voters, but in these towns an auditor shall not audit his own accounts
kept and rendered in some other official capacity, nor shall the husband or wife
of any town official audit his or her spouse's official accounts. (Added 1977,
No. 269 (Adj. Sess.), § 1.)
§ 2649. Number of officers
Each town shall have three selectmen and three listers, unless additional
selectmen or listers are elected under the provisions of section 2650 of this
title, and three auditors. At each annual meeting one selectman, one lister and
one auditor shall be elected, each for a term of three years. A town so voting
may elect one or two road commissioners for a term of one, two, or three years,
as provided in section 2646 of this title. A town so voting may elect three
water commissioners. The terms of the water commissioners shall be the same as
those of selectmen under sections 2646 and 2650 of this title, except that of
those commissioners first elected one shall have a term of one year, one a term
of two years, one a term of three years. One or two additional water
commissioners may be authorized for one or two year terms as provided in
subsection 2650(b) of this title relating to additional selectmen. (Added 1977,
No. 269 (Adj. Sess.), § 1; amended 1999, No. 73 (Adj. Sess.), § 2.)
§ 2650. Additional selectmen and listers
(a) A town may vote at a special or annual town meeting to elect not more than
two additional listers for terms of one year each.
(b) A town may vote at a special or annual town meeting to elect not more than
two additional selectmen for terms of either one or two years each. When the
terms of the additional selectmen are to be for two years, the warning for the
meeting shall so specify. If two additional selectmen positions are created,
they shall be for terms of the same length, but if the terms of the new
positions are to be for two years, when the additional selectmen are first
elected, one shall be elected for one year and the other selectman for two
years. Terms of these additional selectmen shall end on annual meeting days. If
the additional selectmen are elected at a special meeting the term of those
elected for one year shall expire on the next annual meeting day and those
elected for two years shall expire on the second annual meeting day following
their election.
(c) A vote establishing additional selectmen or listers shall remain in effect
until the town votes to discontinue the positions at an annual or special
meeting duly warned for that purpose. (Added 1977, No. 269 (Adj. Sess.), § 1.)
§ 2651. Road and water commissioners; appointment,
removal
(a) Unless the town votes to elect road commissioners, the selectmen shall
appoint forthwith one or two road commissioners and may remove from office a
road commissioner appointed by them, for just cause after due notice and
hearing. The selectmen may appoint one or two members of their own board to
serve as road commissioners.
(b) Unless the town votes to elect water commissioners, the selectboard shall
appoint forthwith no less than three nor more than five water commissioners,
unless there is no existing, or prospective, municipal water system for such
commissioners to supervise. The selectboard may remove an appointed water
commissioner from office for just cause after due notice and hearing. The
selectboard may appoint members of their own board to serve as water
commissioners. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1999, No. 22, §
2.)
§ 2651a. Constables; appointment; removal
(a) A town may vote by Australian ballot at an annual meeting to authorize the
selectmen to appoint a first constable, and if needed a second constable, in
which case at least a first constable shall be appointed. A constable so
appointed may be removed by the selectmen for just cause after notice and
hearing. When a town votes to authorize the selectmen to appoint constables, the
selectmen's authority to make such appointments shall remain in effect until the
town rescinds that authority by the majority vote of the legal voters present
and voting at an annual meeting, duly warned for that purpose.
(b) Notwithstanding the provisions of subsection (a) to the contrary, a vote to
authorize the selectmen to appoint constables shall become effective only upon a
two-thirds vote of those present and voting, if a written protest against the
authorization is filed with the legislative body at least 15 days before the
vote by at least five percent of the voters of the municipality. (Added 1991,
No. 177 (Adj. Sess.), § 2.)
§ 2651b. Elimination of office of auditor;
appointment of public accountant
(a) A town may vote by ballot at an annual meeting to eliminate the office of
town auditor. If a town votes to eliminate the office of town auditor, the
selectboard shall contract with a public accountant, licensed in this state, to
perform an annual financial audit of all funds of the town. Unless otherwise
provided by law, the selectboard shall provide for all other auditor duties to
be performed. A vote to eliminate the office of town auditor shall remain in
effect until rescinded by majority vote of the legal voters present and voting,
by ballot, at an annual meeting duly warned for that purpose.
(b) The term of office of any auditor in office on the date a town votes to
eliminate that office shall expire on the 45th day after such vote or on the
date upon which the selectboard enters into a contract with a public accountant
under this section, whichever occurs first. (Added 1997, No. 83 (Adj. Sess.), §
2.)
§ 2651c. Lack of Elected Lister; Appointment
Notwithstanding any other provisions of law to the contrary, in the event the board of listers of a municipality
falls below a majority and the selectboard is unable to find a person or persons to appoint as a lister or listers,
the selectboard may appoint an assessor to perform the duties of a lister as set forth in subchapter 2 of
chapter 121 of Title 32 until the next annual meeting. The appointed person need not be a resident of the
municipality and shall have the same powers and be subject to the same duties and penalties as a duly
elected lister for the municipality. (Added 2004, No. 125, § 1.)
§ 2652. Road and water commissioners
The board of selectmen may and, when requested by at least five percent of the
legal voters of a town at least 40 days prior to the annual town meeting, they
shall insert in the warning for the annual town meeting an article on the
question of whether or not the town shall elect a road commissioner or
commissioners, or water commissioners, as provided in section 2651 of this
title. (Added 1977, No. 269 (Adj. Sess.), § 1.)
§ 2653. Acceptance of office
A person present at the meeting electing him to municipal office shall be
treated as accepting, unless he declines before the meeting is adjourned. When
not present, he shall be served as soon as possible with a written notice,
signed by the clerk and served by the constable. (Added 1977, No. 269 (Adj. Sess.),
§ 1.)
§ 2654. Refusal to serve
A person may refuse to accept election or appointment to any municipal office.
(Added 1977, No. 269 (Adj. Sess.), § 1.)
§ 2655. Time of meeting
Annual municipal business meetings shall begin at the time set by the
legislative body, unless the municipality has voted otherwise at a preceding
meeting. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj.
Sess.), § 101.)
§ 2656. Qualification and registration of voters
Regardless of the type of voting used, the qualifications to vote in any
municipal election shall be as provided in chapter 43 of this title and all
municipalities shall revise and post checklists as provided in chapter 43 of
this title prior to any municipal meeting at which there will be voting. The
presiding officer shall follow reasonable and necessary procedures to ensure
that persons who are not voters of the town do not vote. (Added 1977, No. 269
(Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 102.)
§ 2657. Moderator
A municipal meeting shall be called to order by the moderator, or in his absence
by a selectman who shall preside until a moderator pro tempore is chosen. (Added
1977, No. 269 (Adj. Sess.), § 1.)
§ 2658. Duties
The moderator shall be the presiding officer of municipal meetings, shall decide
questions of order and shall make public declaration of votes taken, except in
elections using the Australian ballot system. When a vote declared by him is
immediately questioned by one voter, he shall divide the meeting, and if
requested by seven voters, shall cause the vote to be taken by paper ballot,
unless the town has provided some other procedure in such cases. Robert's Rules
or some other rules of order shall govern all municipal meetings, except in
elections using the Australian ballot system. (Added 1977, No. 269 (Adj. Sess.),
§ 1; amended 1979, No. 200 (Adj. Sess.), § 103; 1981, No. 239 (Adj. Sess.), §
23.)
§ 2659. Preservation of order
The moderator shall preserve order in the conduct of business and in debate. If
a person, after notice, is persistently disorderly and refuses to withdraw from
the meeting, the moderator may cause him to be removed, calling upon the
constable or other person for that purpose. A person who so refuses to withdraw
when ordered so to do shall be fined not more than $200.00. (Added 1977, No. 269
(Adj. Sess.), § 1.)
§ 2660. Conduct of election
(a) When voting is by ballot, the polls shall be kept open a reasonable time and
reasonable notice shall be given before they close.
(b) When election is by ballot, a majority of all votes cast for any office
shall be required for an election, unless otherwise provided by law; provided
that when there is but one nominee for an office, unless objection is made, the
legal voters may vote to instruct the town clerk to cast one ballot for such
nominee and upon such ballot being cast he shall be declared elected.
(c) If no person has obtained a majority by the end of the third vote, the
moderator shall announce that the person receiving the least number of votes in
the last vote and in each succeeding vote shall no longer be a candidate, and
the voting shall continue until a candidate receives a majority.
(d) The article entitled "other business" shall not be used for taking binding
municipal action, and the moderator shall so rule. (Added 1977, No. 260 (Adj.
Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 104.)
§ 2661. Reconsideration or rescission of vote
(a) A warned article voted on at an annual or special meeting of a municipality
shall not be submitted to the voters for reconsideration or rescission at the
same meeting after the assembly has begun consideration of another article. If
the voters have begun consideration of another article, the original article may
only be submitted to the voters at a subsequent annual or special meeting duly
warned for the purpose and called by the legislative body on its own motion or
pursuant to a petition requesting such reconsideration or rescission signed and
submitted in accordance with subsection (b) of this section. A vote taken at an
annual or special meeting shall remain in effect unless rescinded or amended.
(b) Where a petition signed by not less than five percent of the qualified
voters of a municipality requesting reconsideration or rescission of a question
considered or voted on at a previous annual or special meeting is filed with the
clerk of the municipality within thirty days following the date of that meeting,
the legislative body shall provide for a vote by the municipality in accordance
with the petition within sixty days of the submission at an annual or special
meeting duly warned for that purpose.
(c) A question voted on shall not be presented for reconsideration or rescission
at more than one subsequent meeting within the succeeding twelve months except
with the approval of the legislative body.
(d) For a vote by Australian ballot, the form of the ballot shall be as follows:
"Article 1: [cite the article to be reconsidered as lastly voted]." (Added 1977,
No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), §105; amended
1991, No. 235 (Adj. Sess.).)
§ 2662. Validation of municipal meetings
When any of the requirements as to notice or warning of an annual or special
municipal meeting have been omitted or not complied with, the omission or
noncompliance, if the meeting and the business transacted at it is otherwise
legal and within the scope of the municipal powers, may be corrected and
legalized by vote at a regular meeting or special meeting of the municipality
called and duly warned for that purpose. The question to be voted upon shall
substantially be, "Shall the action taken at the meeting of this town (or city,
village or district) held on (state date) in spite of the fact that (state the
error or omission), and any act or action of the municipal officers or agents
pursuant thereto be readopted, ratified and confirmed." Errors or omissions in
the conduct of an original meeting which are not the result of an unlawful
notice or warning or noncompliance within the scope of the warning, may be cured
by a resolution of the legislative body of the municipality by a vote of
two-thirds of all its members at a regular meeting or a special meeting called
for that purpose, stating that the defect was the result of oversight,
inadvertence or mistake. When an error or omission of this nature has been thus
corrected by resolution, all business within the terms of the action of the
qualified voters shall be as valid as if the requirements had been initially
complied with, condition, however, that the original action thereby corrected by
the legislative body was in compliance with the legal exercise of its corporate
powers. (Added 1977, No. 269 (Adj. Sess.), § 1.)
§ 2663. Certificate of vote
Whenever an act of the general assembly by its provisions takes effect only when
accepted by vote of a municipality, the clerk of the municipality shall certify
within ten days to the secretary of state the result of such vote. (Added 1977,
No. 269 (Adj. Sess.), § 1.)
§ 2664. Budget
A town shall vote such sums of money as it deems necessary for the interest of its inhabitants and for the prosecution and defense of the
common rights. It shall express in its vote the specific amounts, or the rate on a dollar of the grand list, to be appropriated for laying out and
repairing highways and for other necessary town expenses. If a town votes specific amounts in lieu of a rate on a dollar of the grand list, the
selectboard shall, after the grand list book has been computed and lodged in the office of the town clerk, set the tax rate necessary to raise the
specific amounts voted. The selectboard may apply for grants and may accept and expend grants or gifts above those which are approved in
the town budget. The selectboard shall include, in its annual report, a description of all grants or gifts accepted during the year and associated
expenditures. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 2008, No. 121 § 12.)
§ 2665. Notification to secretary of state
The town clerk shall file with the secretary of state a list of the names and
addresses of the selectmen elected and shall notify the secretary of state of
any changes in the list as filed. (Added 1979, No. 200 (Adj. Sess.), § 106.)
§ 2666. Improper influence
Neither the warning, the notice, the official voter information cards, nor the
ballot itself shall include any opinion or comment by any town body or officer
or other person on any matter to be voted on. (Added 1979, No. 200 (Adj. Sess.),
§ 107.)
§ 2667. Access to annual meeting
The legislative body of the municipality shall take reasonable measures to
assure that elderly or handicapped voters may conveniently attend annual or
special meetings; provided, however, that such measures need not be taken if
doing so would impose undue hardship on the town. Measures may include, but are
not limited to, location of meetings on the ground floor of buildings or
providing ramps or other devices for access to meetings. In municipal elections
using the Australian ballot system of voting subsection 2502(b) shall apply. For
the purposes of this section, the legislative body shall have full jurisdiction
on the day of the municipal meeting over the premises at which the town meeting
is to be held. (Added 1983, No. 90, § 2, eff. April 29, 1983.)
§ 2680. Australian ballot system; general
(a) Unless specifically required by statute, the provisions of the Australian
ballot system shall not apply to the annual or special meeting of a municipality
unless that municipality, at its annual meeting or at a special meeting called
for that purpose, votes to have them apply.
(b) Officers. Once a municipality votes to elect officers by the Australian
ballot system, such officers shall be elected in that manner until the
municipality votes to discontinue use of the system.
(c) Budgets. A vote whether to use the Australian ballot system to establish the
budget shall be in substantially the following form:
"Shall (name of municipality) adopt its budget by Australian ballot?"
If a budget voted on by Australian ballot is rejected, the legislative body shall prepare a revised budget. The legislative body shall establish a date for
the vote on the revised budget, and shall take appropriate steps to warn a public informational meeting on the budget and the vote. The date of the
public informational meeting shall be at least five days following the public notice. The date of the vote shall be at least seven days following the public
notice. The vote on the revised budget shall be by Australian ballot and shall take place in the same locations that the first vote was taken. The
budget shall be established if a majority of all votes cast are in favor. If the revised budget is rejected, the legislative body shall repeat the procedure
in this subsection until a budget is adopted. Once a municipality votes to establish its budget by the Australian ballot system, the vote on the budget
shall be taken by Australian ballot until the municipality votes to discontinue use of the system. (Amended 2008, No. 121 §13.)
(d) Public questions. (1) A vote whether to use the Australian ballot on public
questions other than the budget shall be in substantially the following form:
"Shall (name of municipality) vote on (specify the public question) by
Australian ballot?"
"Shall (name of municipality) vote on all public questions by Australian
ballot?"
(2) Once a municipality has voted to vote on any specific or all public
questions by Australian ballot, the votes shall be taken by Australian ballot
until the municipality votes to discontinue use of the system.
(e) A municipality shall not use the Australian ballot system at the same
election at which its voters decide that the system shall be used.
(f) The presiding officer for any election or part of an election using the
Australian ballot system shall be the town clerk or as otherwise provided in
section 2452 of this title.
(g) Whenever a municipality has voted to adopt the Australian ballot system of voting on any public question or budget, except the budget revote
as provided in subsection (c) of this section, the legislative body shall hold a public informational hearing on the question by posting warnings at least
10 days in advance of the hearing in at least two public places within the municipality and in the town clerk's office. The hearing shall be held within
the 10 days preceding the meeting at which the Australian ballot system is to be used. The hearing under this subsection may be held in conjunction
with the meeting held under subsection 2640(c), in which case the moderator shall preside. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979,
No. 200 (Adj. Sess.), §§ 108, 120; 1981, No. 239 (Adj Sess.), § 24; 1983, No. 30; 2003, No. 59, § 42; amended 2008, No. 121 § 13.)
§ 2681. Nominations, petitions
(a) Nominations of the municipal officers shall be by petition. The petition
shall be filed with the municipal clerk, together with the endorsement, if any,
of any party or parties in accordance with the provisions of this title, no
later than 5:00 p.m. on the sixth Monday preceding the day of the election,
which shall be the filing deadline. The candidate shall also file a written
consent to the printing of the candidate's name on the ballot, no later than
5:00 p.m. on the Wednesday after the filing deadline. A petition shall contain
the name of only one candidate. A voter shall not sign more than one petition
for the same office, unless more than one nomination is to be made, in which
case the voter may sign as many petitions as there are nominations to be made
for the same office.
(b) A petition shall contain at least thirty valid signatures of voters of the
municipality or one percent of the legal voters of the municipality, whichever
is less. The candidate, prior to circulating his petitions, shall indicate
clearly on them which office he is seeking. If there are different lengths of
term available for an office the candidate must indicate clearly the length of
term as well.
(c) The town clerk shall make petition forms and consent forms available.
Petition forms shall be sufficient if they are in substantially the following
form:
STATE OF VERMONT
….................... County
The undersigned hereby petition the town clerk and other town officers of the
Town of ...................., County of ...................., Vermont that
…………………………………………………………….....................
(Name of Candidate or Nominee)
be a nominee for election to the office of
……………………………………………………………………………….....................
(Name of Office)
at the local election to be held in the town of the ................. day of
...................., 20 ................
We certify that we are presently voters of that town.
NAME/SIGNATURE STREET ADDRESS
…………………………………………..........................................................................………..
………………………………………….................................................................………...........
…………………………………………......................................................………......................
…………………………………………...........................................……….................................
…………………………………………................................………............................................
…………………………………………..................………..........................................................
…………………………………………........……….........…........................................................
………………………………………………..............................................................................
(d) A person consenting to be nominated may withdraw by notifying the municipal
clerk in writing no later than 5:00 p.m. on the Wednesday after the filing
deadline.
(e) The officer receiving the petitions shall immediately proceed to examine
them to ascertain whether they conform to the provisions of this subchapter. If
found not to conform, he shall state in writing on the petition why it cannot be
accepted, and within 24 hours from receipt he shall return it to the candidate
in whose behalf it was filed. In this case, supplementary petitions may be filed
not later than 5:00 p.m. on the Wednesday after the filing deadline. However,
supplementary petitions shall not be accepted if petitions with signatures of
different persons totaling at least the number specified in subsection (b) of
this section were not filed by the filing deadline. (Added 1977, No. 269 (Adj.
Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), §§ 109, 120; 1981, No. 239
(Adj. Sess.), § 25; 1985, No. 137 (Adj. Sess.), § 3.)
§ 2681a. Local election ballots
(a) Ballots for local officers and local public questions shall be prepared at town expense, under the direction of the town
clerk not later than 20 days before the local election. These ballots may be any color and the printing shall be black; in other
respects, they shall conform as nearly as may be practicable to the form of the consolidated ballot in subchapter 2 of chapter
51 of this title, except as otherwise provided in this section. (Amended 2007, No. 54 (Adj. Sess.), § 12)
(b) On the local election ballot, the board of civil authority may vote to list a street address for each candidate, or the town of
residence of each candidate, or no residence at all for each candidate. (Amended 2007, No. 54 (Adj. Sess.), § 12)
(c) No political party or other designation shall be listed unless the municipal charter provides for such listing, the town
has voted at an earlier election to provide such a listing or, in the absence of previous consideration of the question by the town,
the legislative body decides to permit listing. If political party or other designations are permitted, no candidate shall use the name of a
political party whose certificate of organization has been filed properly with the secretary of state unless the candidate has been endorsed
by a legally called town caucus of that political party for the office in question. In any event, the candidate must still file the petition and
consent form required by section 2681 of this title. (Amended 2007, No. 54 (Adj. Sess.), § 12)
(d) The names of candidates for the same office, but for different terms of service, shall be arranged in groups according to the
length of their respective terms. (Amended 2007, No. 54 (Adj. Sess.), § 12)
(e) Public questions shall be written in the form of a question, with boxes indicating a choice of "yes" and "no" directly under or to the
right side of the public question. No public question shall pass unless a majority of the votes, excluding blank and spoiled votes, is cast in
favor of the proposition.
(Added 1979, No. 200 (Adj. Sess.), § 110; amended 1989, No. 211 (Adj. Sess.), § 6; amended 2007, No. 54 (Adj. Sess.), § 12)
§ 2682. Process of voting; appointments
(a) Election expenses shall be assumed by the municipality.
(b) Returns shall be filed with the town clerk.
(c) In a municipal election controlled by this subchapter, the person receiving
the greatest number of votes for an office shall be declared elected to that
office; a certificate of election need not be issued. However, in order to be
elected a write-in candidate must receive 30 votes or the votes of one percent
of the registered voters in the municipality, whichever is less.
(d) In the event no person files a petition for an office which is to be filled
at the annual or special meeting of a municipality, and if no person is
otherwise elected to fill the office, a majority of the legislative body of the
municipality may appoint a voter of the municipality to fill the office until
the next annual meeting.
(e) If there is a tie vote for any office, the legislative body, or in their stead, the municipal clerk, shall within seven days warn a runoff
election to be held not less than 15 days nor more than 22 days after the warning. The only candidates in the runoff election shall be
those who were tied in the original election. However, if one of the candidates that are tied withdraws his or her candidacy within five days
after the election, the town clerk shall certify the other tied candidate as the winner, and there shall be no runoff election.
(Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj.
Sess.), § 111; amended 2007, No. 54 (Adj. Sess.), § 14)
§ 2683. Recounts
(a) A candidate for local office may request a recount by filing a request with
the municipal clerk within ten days after the election.
(b) If the difference between the number of votes cast for a winning candidate
and the number of votes cast for a losing candidate is less than five percent of
the total votes cast for all the candidates for an office, divided by the number
of persons to be elected, that losing candidate shall have the right to have the
votes for that office recounted. (Added 1977, No. 269 (Adj. Sess.), § 1; amended
1979, No. 200 (Adj. Sess.), § 112.)
§ 2684. Time and place of recount; notice
The clerk shall fix the time and place for a recount for not less than two nor
more than five days from the time the petition is received, and shall promptly
notify the opposing candidates and the board of civil authority. (Added 1977,
No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 113.)
§ 2685. Inspection of ballots
At the time and place specified by the clerk, the board of civil authority shall break the seal, open
the ballot container and recount the votes, unless the candidate who petitions for a recount requests
that the recount be conducted by optical scanner. The petitioner, the opposing candidates and their
designated representatives may inspect the ballots and observe the recount under the guidance of the board.
The board shall certify the result to the clerk, who shall declare the result. After the recount the board shall
seal the ballots and other materials back in the containers and the town clerk shall safely store them as
provided in section 2590 of this title. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200
(Adj. Sess.), § 114, amended 2009, No. 40 (Adj. Sess.), § 4a.)
§ 2686. Declaration of result
If the recount shows that a person other than the one declared elected upon the
original canvass of votes has the number of votes required by law for election
to office, that person shall be declared elected and shall be entitled to the
office. (Added 1977, No. 269 (Adj. Sess.), § 1.)
§ 2687. Appeal to superior court
Within five days after the declaration of the clerk, an aggrieved candidate may
appeal to the superior court by giving a written notice to that effect to the
other candidates who appeared before the board of civil authority. The original
of the notice shall be filed with the county clerk. No entry fee shall be
charged in these matters. The superior court shall immediately issue an order
directing the town clerk to transmit to the county clerk all ballots, papers and
records affecting the appeal, and fixing a time for hearing in open court or
before a referee not later than five days from the making of the order. The
order shall be served upon the town clerk and all other candidates who have
appeared before the board. A reference may be ordered upon any or all questions.
At the time and place so fixed, the matter shall be summarily heard and
determined and the costs taxed as in other civil actions. (Added 1977, No. 269
(Adj. Sess.), § 1; amended 1985, No. 198 (Adj. Sess.), § 13.)
§ 2688. Recount on question submitted
A voter may demand a recount of ballots on any question submitted to the vote of
a town using the Australian ballot system, if the margin by which the question
passed or failed is less than five percent of the total votes cast on the
question. The request shall be filed with the municipal clerk within ten days
after the vote. The procedure shall be the same as in the case of recount of the
votes cast for a candidate at an election. The petitioner and his designated
representative and a voter representing the other side of the question voted
upon and his designated representative may inspect the vote and observe the
recount under the guidance of the board of civil authority. (Added 1977, No. 269
(Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 115.)
§ 2689. Preservation of ballots
In an election in which the Australian ballot system is used, the ballots shall
be preserved as provided in this title in the case of general elections. (Added
1977, No. 269 (Adj. Sess.), § 1.)
§ 2690. Repealed. 1979, No. 200 (Adj. Sess.), § 120.
CHAPTER 57: PRESIDENTIAL ELECTIONS
§ 2701. Presidential primary; time of holding
In presidential election years, a presidential primary for each major political
party shall be held in all municipalities on the first Tuesday in March. The
secretary of state shall prepare and distribute for use at the primary an
official ballot for each party for which one or more candidates qualify for the
placing of their names on the ballot under section 2702 of this title. (Added
1979, No. 199 (Adj. Sess.), § 1, eff. May 6, 1980; amended 1995, No. 38, § 2.)
§ 2702. Nominating petition
The name of any person shall be printed upon the primary ballot as a candidate
for nomination by any major political party if petitions signed by at least one
thousand voters in accordance with sections 2353, 2354 and 2358 of this title
are filed with the secretary of state, together with the written consent of the
person to the printing of the person's name on the ballot. Petitions shall be
filed not later than 5:00 p.m. on the third Monday of January preceding the
primary election. The petition shall be in a form prescribed by the secretary of
state. A person's name shall not be listed as a candidate on the primary ballot
of more than one party in the same election. Each petition shall be accompanied
by a filing fee of $2,000.00 to be paid to the secretary of state and deposited
by the secretary of state into the general fund. However, if the petition of a
candidate is accompanied by the affidavit of the candidate, which shall be
available for public inspection, that the candidate and the candidate's campaign
committee are without sufficient funds to pay the filing fee, the secretary of
state shall waive all but $300.00 of the payment of the filing fee by that
candidate. (Added 1979, No. 199 (Adj. Sess.), § 1, eff. May 6, 1980; amended
1995, No. 38, § 3.)
§ 2703. Examining petitions, supplementary petitions
The secretary of state shall examine the petitions and ascertain whether they
conform to the provisions of this chapter, and sections 2353, 2354 and 2358 of
this title. If found not to conform he shall state in writing why a particular
petition cannot be accepted, and within 72 hours from receipt he shall return it
to the candidate in whose behalf it was filed. In such case, supplementary
petitions may be filed not later than ten days after the date for filing
petitions. However, supplementary petitions shall not be accepted if petitions
with the signatures of at least one thousand persons were not filed by 5:00 p.m.
on the third Monday of January preceding the primary election. (Added 1979, No.
199 (Adj. Sess.), § 1, eff. May 6, 1980.)
§ 2704. Ballots
A person voting at the primary shall be required to ask for the ballot of the
party in which the voter wishes to vote and an election official shall record
the voter's choice of ballot by marking the entrance checklist with a letter
code, as designated by the secretary of state, to indicate the voter's party
choice. The names of all candidates on the ballot shall be listed in
alphabetical order. Each voter may vote for one candidate for the presidential
nomination of one party, either by placing a mark opposite the printed name of a
candidate as in other primaries, or by writing in the name of the candidate of
the voter's choice. (Added 1979, No. 199 (Adj. Sess.), § 1, eff. May 6, 1980;
amended 1995, No. 38, § 4; 2003, No. 59, § 43.)
§ 2705. Checklist
The checklist for the primary shall be the checklist to be used at the annual
town meeting, except that the names of residents of unorganized towns and gores
shall be added to the checklist in the manner provided in section 2123 of this
title and it shall be stated next to their names that they are eligible to vote
in the presidential primary but not on town meeting items. Towns that do not
hold an annual meeting on the first Tuesday or the Monday evening before the
first Tuesday in March shall update their checklist before the election as
required by chapter 43 of this title. (Added 1979, No. 199 (Adj. Sess.), § 1,
eff. May 6, 1980; 1995, No. 38, § 5.)
§ 2706. Provisions applicable
The appropriate provisions of this title shall apply to presidential primaries,
unless clearly inconsistent herewith. (Added 1979, No. 199 (Adj. Sess.), § 1,
eff. May 6, 1980; amended 1995, No. 38, § 6.)
§ 2715. Party convention to elect delegates
(a) The state committee of each major political party holding a national
convention shall call a party convention, under rules proposed in advance and
adopted by the committee, to be held during the month of May or June in each
presidential election year. At the convention, delegates and alternates to the
national convention of such party, to the number apportioned to this state,
shall be elected by the rules adopted by each major political party.
(b) Each major political party shall adopt rules relating to the delegates and
alternates of a candidate who has withdrawn as a candidate. A declaration of
withdrawal shall be made in writing and becomes effective when filed with the
secretary of state.
(c) Each major political party shall adopt rules relating to the manner in which
the delegates elected in accordance with this section shall represent, at the
national convention, the voters for whom the delegates were elected. (Added
1979, No. 199 (Adj. Sess.), § 1, eff. May 6, 1980; amended 1991, No. 126 (Adj.
Sess.), § 1, eff. April 10, 1992; 1995, No. 38, § 7.)
§ 2716. Notification to secretary of state
Not later than 5:00 p.m. on the forty-seventh day before the day of the general
election, the chairman of the state committee of each major political party
shall certify in writing to the secretary of state the names of the presidential
and vice-presidential nominees selected at the party's national convention.
(Added 1979, No. 199 (Adj. Sess.), § 1, eff. May 6, 1980.)
§ 2721. Nomination of presidential electors
In presidential election years, presidential electors for major political
parties shall be nominated at the party platform convention held pursuant to
this title. Electors for all other presidential candidates shall be nominated
pursuant to subchapter 3 of chapter 49 of this title. (Added 1979, No. 199 (Adj.
Sess.), § 1, eff. May 6, 1980.)
§ 2722. Certification of nominees for electors
After adjournment of the platform convention of a major political party, the
chairman and secretary of the convention shall promptly execute a sworn
statement certifying the names, towns of residence, and correct mailing
addresses of the persons nominated by the convention to serve as electors, and
shall promptly file the statement with the secretary of state, along with the
written consent of each person to be a nominee for elector. (Added 1979, No. 199
(Adj. Sess.), § 1, eff. May 6, 1980.)
§ 2731. Certificates of election
When the canvassing board provided for in section 2592 of this title meets, it
shall issue its certificates of election, with respect to the presidential
election, to the electors nominated by the party whose candidate for president
has received the greatest number of votes. (Added 1979, No. 199 (Adj. Sess.), §
1, eff. May 6, 1980.)
§ 2732. Meeting of electors
The electors shall meet at the state house on the first Monday after the second
Wednesday in December next following their election, to vote for president and
vice-president of the United States, agreeably to the laws of the United States.
If there is a vacancy in the electoral college on that day, occasioned by death,
refusal to act, neglect to attend, failure of a person elected to qualify, or
for other cause, the other electors present shall at once fill such vacancy viva
voce and by a plurality of votes. When all the electors appear or a vacancy
therein is filled, the electors shall perform the duties required of them by the
constitution and laws of the United States. If a vacancy occurs and is filled as
aforesaid, the electors shall attach to the certificate of their votes a
statement showing how such a vacancy occurred and their action thereon. The
electors must vote for the candidates for president and vice-president who
received the greatest number of votes at the general election. (Added 1979, No.
199 (Adj. Sess.), § 1, eff. May 6, 1980.)
Chapter 59: CAMPAIGN FINANCE
§ 2801. Definitions
As used in this chapter:
(1) "Candidate" means an individual who has taken affirmative action to become a
candidate for state, county, local or legislative office in a primary, special,
general or local election. An affirmative action shall include one or more of
the following:
(A) accepting contributions or making expenditures totalling $500.00 or more; or
(B) filing the requisite petition for nomination under this title or being
nominated by primary or caucus; or
(C) announcing that he seeks an elected position as a state, county or local
officer or a position as representative or senator in the general assembly.
(2) "Contribution" means a payment, distribution, advance, deposit, loan or gift
of money or anything of value, paid or promised to be paid to a person for the
purpose of influencing an election, advocating a position on a public question,
or supporting or opposing one or more candidates in any election, but shall not
include services provided without compensation by individuals volunteering their
time on behalf of a candidate, political committee or political party. For
purposes of this chapter, "contribution" shall not include a personal loan from
a lending institution.
(3) "Expenditure" means a payment, disbursement, distribution, advance, deposit,
loan or gift of money or anything of value, paid or promised to be paid, for the
purpose of influencing an election, advocating a position on a public question,
or supporting or opposing one or more candidates.
(4) "Political committee" or "political action committee" means any formal or informal committee of two or
more individuals, or a corporation, labor organization, public interest group, or other entity, not including a
political party, which receives contributions of more than $500.00 and makes expenditures of more than
$500.00 in any one calendar year for the purpose of supporting or opposing one or more candidates,
influencing an election, or advocating a position on a public question in any election or affecting the outcome
of an election. (Amended 2005, No. 62 (Adj. Sess.), § 1.)
(5) "Political party" means a political party organized under chapter 45 of this
title or any committee established, financed, maintained or controlled by the
party, including any subsidiary, branch or local unit thereof and including
national or regional affiliates of the party.
(6) "Single source" means an individual, partnership, corporation, association,
labor organization or any other organization or group of persons which is not a
political committee or political party.
(7) "Election" means the procedure whereby the voters of this state or any of
its political subdivisions select a person to be a candidate for public office
or fill a public office, or to act on public questions including voting on
constitutional amendments. Each primary, general, special, run-off or local
election shall constitute a separate election.
(8) "Public question" means an issue that is before the voters for a binding
decision.
(9) "Two-year general election cycle" means the 24-month period that begins 38 days after a general election.
Expenditures related to a previous campaign and contributions to retire a debt of a previous campaign shall be
attributed to the earlier campaign cycle. (Amended 2005, No. 62 (Adj. Sess.), § 1.)
(10) "Full name" means an individual's full first name, middle name or initial,
if any, and full legal last name, making the identity of the person who made the
contribution apparent by unambiguous reference. (Added 1981, No. 197 (Adj. Sess.),
§ 1, eff. date, see note set out below; amended 1987, No. 263 (Adj. Sess.), § 1;
1997, No. 64, § 5, eff. Nov. 4, 1998.)
(11) "Telephone bank" means more than 500 telephone calls of an identical or substantially similar nature
that are made to the general public within any 30-day period. (Added 2005, No. 62 (Adj. Sess.), § 1.)
§ 2801a. Exceptions
The definitions of "contribution", "expenditure" and "electioneering communication" shall not apply to any
news story, commentary or editorial distributed through the facilities of any broadcasting station, newspaper,
magazine or other periodical publication which has not been paid for, or such facilities are not owned or
controlled, by any political party, committee or candidate. (Added 2005, No. 62 (Adj. Sess.), § 2.)
§ 2802. Checking account; treasurer
Candidates who have made expenditures or received contributions of $500.00 or
more and political committees shall be subject to the following requirements:
(1) All expenditures shall be paid by either a credit card, or a debit card, check or other electronic transfer
from a single checking account in a single bank publicly designated by the candidate or political committee.
(Amended 2005, No. 62 (Adj. Sess.), § 3.)
(2) Each candidate and each political committee shall name a treasurer, who may
be the candidate or spouse, who is responsible for maintaining the checking
account. (Added 1981, No. 197 (Adj. Sess.), § 1, eff. date, see note set out
below.)
§ 2803. Campaign reports; forms; filing
(a) The secretary of state shall prescribe and provide a uniform reporting form
for all campaign finance reports. The reporting form shall be designed to show
the following information:
(1) the full name, town of residence and mailing address of each contributor who
contributes an amount in excess of $100.00, the date of the contribution, and
the amount contributed;
(2) the total amount of all contributions of $100.00 or less and the total
number of all such contributions;
(3) each expenditure listed by amount, date, to whom paid and for what purpose;
(4) the amount contributed or loaned by the candidate to his or her own campaign
during the reporting period; and
(5) each debt or other obligation, listed by amount, date incurred, to whom owed
and for what purpose, incurred during the reporting period.
(b) The form shall require the reporting of all contributions and expenditures accepted or spent during the
reporting period and during the campaign to date and shall require full disclosure of the manner in which any
indebtedness is discharged or forgiven. Contributions and expenditures for the reporting period and for the
campaign to date also shall be totalled in an appropriate place on the form. The total of contributions shall
include a subtotal of nonmonetary contributions and a subtotal of all monetary contributions. The form shall
contain a list of the required filing times so that the person filing may designate for which time period the filing
is made. Contributions and expenditures received or spent after 5 p.m. on the third day prior to the filing
deadline shall be reported on the next report. (Amended 2005, No. 62 (Adj. Sess.), § 4.)
(c) The form described in this section shall contain language of certification of the truth of the statements
and places for the signature of the candidate or the treasurer of the campaign. (Amended 2005, No. 62 (Adj.
Sess.), § 4.)
(d) All reports filed under this section shall be retained in an indexed file by
the official with whom the report is filed and shall be subject to the
examination of any person.
(e) Disclosure shall be limited to the information required to administer this chapter. (Added 1981, No.
197 (Adj. Sess.), § 1, eff. date, see note set out below; Amended 1985, No. 198 (Adj. Sess.), §§ 14, 15;
Amended 1987, No. 263 (Adj. Sess.), § 2; 1997, No. 64, § 11, eff. Nov. 4, 1998; Amended 2005, No. 62
(Adj. Sess.), § 4.)
(f) The secretary may require that the form set forth in this section and mass media reports required under
section 2893 of this title be filed in a digital format. (Added 2009, No. 17 (Adj. Sess.), § 1.)
§ 2804. Surplus campaign funds
(a) No member of a political committee which has surplus funds after all
campaign debts have been paid shall convert the surplus to personal use.
(b) No candidate who has surplus funds after all campaign debts have been paid
shall convert the surplus to personal use, other than to reduce personal
campaign debts.
(c) Surplus funds in a political committee's or candidate's account after payment of all campaign debts may
be contributed to other candidates, political parties, or political committees subject to the contribution limits set
forth in this chapter or may be contributed to a charity. (Added 1981, No. 197 (Adj. Sess.), § 1, eff. date,
see note set out below; Amended 2005, No. 62 (Adj. Sess.), § 5.)
(d) The "final report" of a candidate shall indicate the amount of the surplus and how it has been or is to be
liquidated. (Added 2005, No. 62 (Adj. Sess.), § 5.)
§ 2805. Limitations of contributions
(a) A candidate for state representative or local office shall not accept
contributions totaling more than $200.00 from a single source, political
committee or political party in any two-year general election cycle. A candidate
for state senator or county office shall not accept contributions totaling more
than $300.00 from a single source, political committee or political party in any
two-year general election cycle. A candidate for the office of governor,
lieutenant governor, secretary of state, state treasurer, auditor of accounts,
or attorney general shall not accept contributions totaling more than $400.00
from a single source, political committee or political party in any two-year
general election cycle. A political committee, other than a political committee
of a candidate, or a political party shall not accept contributions totaling
more than $2,000.00 from a single source, political committee or political party
in any two-year general election cycle.
(b) A single source, political committee or political party shall not contribute
more to a candidate, political committee or political party than the candidate,
political committee or political party is permitted to accept under subsection
(a) of this section.
(c) A candidate, political party or political committee shall not accept, in any
two-year general election cycle, more than 25 percent of total contributions
from contributors who are not residents of the state of Vermont or from
political committees or parties not organized in the state of Vermont.
(d) A candidate shall not accept a monetary contribution in excess of $50.00 unless made by check, credit or
debit card, or other electronic transfer. (Amended 2005, No. 62 (Adj. Sess.), § 6.)
(e) A candidate, political party, or political committee shall not knowingly accept a contribution which is not
directly from the contributor, but was transferred to the contributor by another person for the purpose of
transferring the same to the candidate, or otherwise circumventing the provisions of this chapter. It shall be a
violation of this chapter for a person to make a contribution with the explicit or implicit understanding that the
contribution will be transferred in violation of this subsection. (Amended 2005, No. 62 (Adj. Sess.), § 6.)
(f) This section shall not be interpreted to limit the amount a candidate or his
or her immediate family may contribute to his or her own campaign. For purposes
of this subsection, "immediate family" means individuals related to the
candidate in the first, second or third degree of consanguinity.
(g) The limitations on contributions established by this section shall not apply
to contributions made for the purpose of advocating a position on a public
question, including a constitutional amendment.
(h) For purposes of this section, the term "candidate" includes the candidate's
political committee. (Added 1981, No. 197 (Adj. Sess.), § 1, eff. date, see note
set out below; amended 1987, No. 263 (Adj. Sess.), § 3, eff. Jan. 1, 1989; 1997,
No. 64, § 6, eff. Nov. 4, 1998.)
§ 2805a. Campaign expenditure limitations; amounts
(a) The following campaign expenditure limitations shall apply to all
candidates, for all primary, general and local elections, whether or not a
candidate accepts Vermont campaign finance grants under subchapter 6 of this
chapter, is financing his or her campaign from private contributions, or from
the candidate's own resources or that of his or her immediate family.
(1) A candidate for governor shall limit campaign expenditures to no more than
$300,000.00 in any two-year general election cycle.
(2) A candidate for lieutenant governor shall limit campaign expenditures to no
more than $100,000.00 in any two-year general election cycle.
(3) A candidate for secretary of state, state treasurer, auditor of accounts or
attorney general shall limit campaign expenditures to no more than $45,000.00 in
any two-year general election cycle.
(4) A candidate for state senator or county office shall limit campaign
expenditures to no more than $4,000.00 plus, in the case of state senator, an
additional $2,500.00 for each additional seat in the senate district, in any
two-year general election cycle.
(5) A candidate for state representative in a single-member district shall limit
campaign expenditures to no more than $2,000.00, and in a two-member district to
no more than $3,000.00, in any two-year general election cycle.
(b) Recognizing the jurisdiction of the Congress of the United States to enact
expenditure limitations and campaign finance reforms for candidates for federal
office, the general assembly of the state of Vermont expects candidates for the
United States House of Representatives and Senate to observe the contribution
and expenditure limitations that apply to candidates for the office of governor.
(c) If a candidate for the office of governor, lieutenant governor, secretary of
state, state treasurer, auditor of accounts or attorney general is an incumbent
of the office being sought, the candidate shall be permitted to expend only 85
percent of the amount allowed for that office under this section. If a candidate
for the general assembly is an incumbent of the office being sought, the
candidate shall be permitted to expend only 90 percent of the amount allowed for
that office under this section.
(d) For purposes of this section, the term "candidate" includes the candidate's
political committee. (Added 1997, No. 64, § 7, eff. Nov. 4, 1998.)
(e) The expenditure limitations contained in this section shall be adjusted for inflation by increasing them
based on the Consumer Price Index. Increases shall be rounded up to the nearest $100.00. Increases shall
be effective for the first campaign cycle beginning after the general election held on November 2, 2004. The
adjustments shall be calculated retroactively to January 1, 2001. On or before July 1, 2005, the secretary of
state shall calculate and publish the amount of each limitation that will apply to the election cycle in which July 1,
2005 falls. On July 1 of each subsequent odd numbered year the secretary shall publish the amount of each l
imitation for the election cycle in which that publication falls. (Added 2005, No. 62 (Adj. Sess.), § 7.)
§ 2806. Penalties
(a) A person who knowingly and intentionally violates a provision of subchapters
2 through 4 of this chapter shall be fined not more than $1,000.00 or imprisoned
not more than six months or both.
(b) A person who violates any provision of this chapter shall be subject to a
civil penalty of up to $10,000.00 for each violation and shall refund the
unspent balance of Vermont campaign finance grants received, if any, calculated
as of the date of the violation.
(c) In addition to the other penalties herein provided, a state's attorney or
the attorney general may institute any appropriate action, injunction, or other
proceeding to prevent, restrain, correct or abate any violation of this chapter.
(Added 1981, No. 197 (Adj. Sess.), § 1; amended 1991, No. 156 (Adj. Sess.), § 3,
eff. Jan. 1, 1993; 1997, No. 64, § 3.)
§ 2806a. Civil Investigation
(a) The attorney general or a state's attorney, whenever he or she has reason to believe any person to be
or to have been in violation of this chapter or of any rule or regulation made pursuant to this chapter, may
examine or cause to be examined by any agent or representative designated by him or her for that purpose
any books, records, papers, memoranda, and physical objects of any nature bearing upon each alleged
violation and may demand written responses under oath to questions bearing upon each alleged violation.
The attorney general or state's attorney may require the attendance of such person or of any other person
having knowledge in the premises in the county where such person resides or has a place of business or in
Washington County if such person is a nonresident or has no place of business within the state and may take
testimony and require proof material for his or her information and may administer oaths or take
acknowledgment in respect of any book, record, paper, or memorandum. The attorney general or a state's
attorney shall serve notice of the time, place, and cause of such examination or attendance or notice of the
cause of the demand for written responses personally or by certified mail upon such person at his or her
principal place of business, or, if such place is not known, to his or her last known address. Any book, record,
paper, memorandum, or other information produced by any person pursuant to this section shall not, unless
otherwise ordered by a court of this state for good cause shown, be disclosed to any person other than the
authorized agent or representative of the attorney general or a state's attorney or another law enforcement
officer engaged in legitimate law enforcement activities, unless with the consent of the person producing the
same. This subsection shall not be applicable to any criminal investigation or prosecution brought under the
laws of this or any state. (Added 2005, No. 62 (Adj. Sess.), § 8.)
(b) A person upon whom a notice is served pursuant to the provisions of this section shall comply with the
terms thereof unless otherwise provided by the order of a court of this state. Any person who, with intent to
avoid, evade, or prevent compliance, in whole or in part, with any civil investigation under this section, removes
from any place, conceals, withholds, or destroys, mutilates, alters, or by any other means falsifies any
documentary material in the possession, custody, or control of any person subject to such notice, or mistakes
or conceals any information, shall be fined not more than $5,000.00. (Added 2005, No. 62 (Adj. Sess.), § 8.)
(c) Whenever any person fails to comply with any notice served upon him or her under this section or
whenever satisfactory copying or reproduction of any such material cannot be done and such person refuses
to surrender such material, the attorney general or a state's attorney may file, in the superior court in which
such person resides or has his or her principal place of business or in Washington County if such person is a
nonresident or has no principal place of business in this state, and serve upon such person a petition for an
order of such court for the enforcement of this section. Whenever any petition is filed under this section, such
court shall have jurisdiction to hear and determine the matter so presented and to enter such order or orders
as may be required to carry into effect the provisions of this section. Any disobedience of any order entered
under this section by any court shall be punished as a contempt thereof. (Added 2005, No. 62 (Adj. Sess.),
§ 8.)
(d) Any person aggrieved by a civil investigation conducted under this section may seek relief from Washington
Superior Court or the superior court in the county in which the aggrieved person resides. Except for cases the
court considers to be of greater importance, proceedings before superior court as authorized by this section
shall take precedence on the docket over all other cases. (Added 2005, No. 62 (Adj. Sess.), § 8.)
§ 2807. New campaign accounts
Candidates who choose to roll over any surplus contributions into a new campaign account for public office
may close out their former campaign by filing a final report with the secretary of state converting all debts and
assets to the new campaign. A candidate shall be required to file a new bank designation form only if there
has been a change in the treasurer or the location of the campaign account. (Added 1987, No. 263 (Adj.
Sess.), § 4; Amended 2005, No. 62 (Adj. Sess.), § 9.)
§ 2808. Preparation of list of campaign expenditures (Repealed.
2005, No. 62, § 14.)
§ 2809. Accountability for related expenditures
(a) A related campaign expenditure made on a candidate's behalf shall be
considered a contribution to the candidate on whose behalf it was made.
(b) A related campaign expenditure made on a candidate's behalf shall be
considered an expenditure by the candidate on whose behalf it was made. However,
if the expenditure did not exceed $50.00, the expenditure shall not be
considered an expenditure by the candidate on whose behalf it was made.
(c) For the purposes of this section, a "related campaign expenditure made on
the candidate's behalf" means any expenditure intended to promote the election
of a specific candidate or group of candidates, or the defeat of an opposing
candidate or group of candidates, if intentionally facilitated by, solicited by
or approved by the candidate or the candidate's political committee.
(d) An expenditure made by a political party or by a political committee that
recruits or endorses candidates, that primarily benefits six or fewer candidates
who are associated with the political party or political committee making the
expenditure, is presumed to be a related expenditure made on behalf of those
candidates. An expenditure made by a political party or by a political committee
that recruits or endorses candidates, that substantially benefits more than six
candidates and facilitates party or political committee functions, voter
turnout, platform promotion or organizational capacity shall not be presumed to
be a related expenditure made on a candidate's behalf. In addition, an
expenditure shall not be considered a "related campaign expenditure made on the
candidate's behalf" if all of the following apply:
(1) The expenditures were made in connection with a campaign event whose purpose
was to provide a group of voters with the opportunity to meet the candidate
personally.
(2) The expenditures were made only for refreshments and related supplies that
were consumed at that event.
(3) The amount of the expenditures for the event was less than $100.00.
(e) A candidate may seek a determination that an expenditure is a related
expenditure made on behalf of an opposing candidate by filing a petition with
the superior court of the county in which either candidate resides. Within 24
hours of the filing of a petition, the court shall schedule the petition for
hearing. Except as to cases the court considers of greater importance,
proceedings before the superior court, as authorized by this section, and
appeals therefrom, take precedence on the docket over all cases and shall be
assigned for hearing and trial or for argument at the earliest practicable date
and expedited in every way. The findings and determination of the court shall be
prima facie evidence in any proceedings brought for violation of this chapter.
(f) The secretary of state may adopt rules necessary to administer the
provisions of this section. (Added 1997, No. 64, § 8, eff. Nov. 4, 1998.)
§ 2810. Candidate information publication; on-line
database
(a) For each two-year general election cycle, the secretary of state shall
develop and continuously update a publicly accessible campaign database. The
database shall contain at least the following information for all candidates for
statewide and county office and for the general assembly: for candidates
receiving public financing grants, the amount of each grant awarded; the
information contained in campaign finance reports filed under this chapter; and
all reports of mass media activity expenditures filed under section 2883 of this
title. The database shall also include campaign finance reports filed by
candidates for federal office. The information in the database, together with
any biographical sketches and position statements submitted to the secretary of
state by such candidates, shall be made available to the public through the
Vermont state home page on-line service, or through printed reports from the
secretary in response to a public request within 14 days of the date of the
request.
(b) Any candidate for statewide office and any candidate for federal office
qualified to be on the ballot in this state may submit to the secretary of state
a photograph, biographical sketch and position statement of a length and format
specified by the secretary for the purposes of preparing a candidate information
publication. Without making changes in the material presented, the secretary
shall prepare a candidate information publication for statewide distribution
prior to the general election, which includes the candidates' photographs,
biographies and position statements, a brief explanation of the process used to
obtain candidate submissions, and, with respect to offices for which public
financing is available, an indication of which candidates are receiving Vermont
campaign finance grants and which candidates are not receiving Vermont campaign
finance grants. The secretary shall prepare, publish and distribute the
candidate information publication throughout the state no later than one week
prior to the general election. The secretary shall also seek voluntary
distribution of the candidate information publication in weekly and daily
newspapers and other publications in the state. The candidate information
publication shall also be available in large type, audiotape and Internet
versions. (Added 1997, No. 64, § 9, eff. Nov. 4, 1998.)
§ 2810a. Administration
The secretary of state shall administer this chapter and shall perform all
duties required under this chapter. The secretary may employ or contract for the
services of persons necessary for performance of these duties. (Added 1997, No.
64, § 10.)
§ 2811. Campaign reports; candidates for state
office, the general assembly, political committees and political parties
(a) Each candidate for state office, each candidate for the general assembly who has made expenditures or
received contributions of $500.00 or more, and each political committee and each political party required to register
under section 2831 of this title shall file with the secretary of state campaign finance reports on July 15th and on the 15th
of each month thereafter until and including December 15th. (Amended 2005, No. 62 (Adj. Sess.), § 10; amended 2010, No. 73 § 1.)
(b) At any time, but not later than December 15th following the general election, a candidate for state office and each
candidate for the general assembly who has made expenditures or received contributions of $500.00 or more shall file
with the secretary of state a "final report" which lists a complete accounting of all contributions and expenditures, and
disposition of surplus, and which shall constitute the termination of his or her campaign activities. (Amended 2010, No. 73 § 1.)
(c) A political committee or political party shall file a campaign finance
report not later than 40 days following the general election. At any time, a
political committee or a political party may file a "final report" which lists a
complete accounting of all contributions and expenditures and which shall
constitute the termination of its campaign activities.
(d) In odd-numbered years campaign finance reports shall be filed on July 15.
(e) Each candidate for the general assembly required to file campaign finance
reports under this section shall also file such reports with the clerk of the
candidate's respective senate or house district. (Added 1981, No. 197 (Adj.
Sess.), § 1, eff. date, see note set out below; amended 1997, No. 64, § 12, eff.
Nov. 4, 1998.)
(f) In addition to any other reports required to be filed under this chapter, a candidate for state office or for
the general assembly who receives a monetary contribution in an amount over $2,000.00 within 10 days of a
primary or general election shall report the contribution to the secretary of state within 24 hours of receiving the
contribution. The report shall include all information that is required to be disclosed under the provisions of
subsections 2803(a) and (b) of this title. (Added 2005, No. 62 (Adj. Sess.), § 10.)
(g) Each candidate for state office and each candidate for the general assembly who has made expenditures
or received contributions of $500.00 or less shall file with the secretary of state, 10 days following the general
election, a statement that the candidate has not made expenditures or received contributions of more than
$500.00 during the two-year general election cycle. (Added 2005, No. 62 (Adj. Sess.), § 10.)
§ 2821. Campaign reports; county office candidates
(a) Each candidate for county office who has made expenditures or accepted
contributions of $500.00 or more shall file campaign finance reports with the
officer with whom his or her nomination papers are filed as follows:
(1) 10 days before the primary election;
(2) 10 days before the general election;
(3) further campaign reports shall be filed on the 15th day of July and annually
thereafter or until all contributions and expenditures have been accounted for
and any indebtedness and surplus have been eliminated.
(b) Within 40 days after the general election, each candidate for county office
who has made expenditures or accepted contributions of $500.00 or more shall
file a "final report" which lists a complete accounting of all contributions and
expenditures, and disposition of surplus, and which shall constitute the
termination of his or her campaign activities.
(c) Copies of reports filed under this section shall be forwarded by the officer
to the secretary of state within five days of receipt. (Added 1981, No. 197
(Adj. Sess.), § 1, eff. date, see note set out below; amended 1987, No. 263
(Adj. Sess.), §§ 5, 6; amended 1997, No. 64, § 13, eff. Nov. 4, 1998.)
§ 2822. Campaign reports; local candidates
Each candidate for local office who has made expenditures or accepted
contributions of $500.00 or more shall file with the officer with whom his
nomination papers are filed campaign finance reports ten days before and ten
days after the local election. (Added 1981, No. 197 (Adj. Sess.), § 1, eff.
date, see note set out below.)
§ 2823. Nonfiling
The failure of a legislative, county or local candidate to file a campaign
finance report shall be deemed an affirmative statement that the candidate has
not accepted contributions or made expenditures of $500.00 or more. (Added 1981,
No. 197 (Adj. Sess.), § 1, eff. date, see note set out below.)
§ 2831. Campaign reports; political committees and
parties
(a) Each political committee and each political party which has accepted
contributions or made expenditures of $500.00 or more shall register with the
secretary of state stating its full name and address, the name of its treasurer,
and the name of the bank in which it maintains its campaign checking account
within ten days of reaching the $500.00 threshold.
(b) A political committee or political party which has accepted contributions or made expenditures of $500.00,
or more, for the purpose of influencing a local election or supporting or opposing one or more candidates in a l
ocal election shall file campaign finance reports ten days before and ten days after the local election with the
clerk of the municipality in which the election is held and with the secretary of state. (Added 1981, No. 197
(Adj. Sess.), § 1, eff. date, see note set out below; amended 1985, No. 198 (Adj. Sess.), §§ 16, 17; 1997,
No. 64, § 14, eff. Nov. 4, 1998; (Amended 2005, No. 62 (Adj. Sess.), § 11.)
(c) Any formal or informal committee of two or more individuals, or a corporation, labor organization, public
interest group, or other entity, not including a political party, which makes expenditures of more than $500.00
in any one calendar year for the purpose of advocating a position on a public question in any election or
affecting the outcome of an election on a public question shall file a report of its expenditures 10 days before
and 10 days after the election with the clerk of the municipality in which the election is held and with the
secretary of state. (Added 2005, No. 62 (Adj. Sess.), § 11.)
§ 2832. Filing with federal election commission
A political committee or political party may satisfy the filing requirements of
this subchapter and subchapter 2 of this chapter by filing with the secretary of
state a copy of that portion of the campaign finance reports applicable to
candidates seeking election in this state which the committee or party has filed
with the Federal Election Commission and by designating an in-state agent in the
report. (Added 1981, No. 197 (Adj. Sess.), § 1, eff. date, see note set out
below; amended 1997, No. 64, § 15, eff. Nov. 4, 1998.)
§ 2851. Definitions
As used in this subchapter:
(1) "Affidavit" means the Vermont campaign finance affidavit required under
section 2852 of this title.
(2) "General election period" means the period beginning the day after the
primary election and ending the day of the general election.
(3) "Primary election period" means the period beginning the day after primary
petitions must be filed under section 2356 of this title and ending the day of
the primary election.
(4) "Vermont campaign finance qualification period" means the period beginning
February 15 of each even-numbered year and ending on the date on which primary
petitions must be filed under section 2356 of this title.
(5) "Secretary" means the secretary of state. (Added 1997, No. 64, § 2, eff.
Nov. 4, 1998.)
§ 2852. Filing of Vermont campaign finance affidavit
(a) A candidate for the office of governor or lieutenant governor who intends to
seek Vermont campaign finance grants from the Vermont campaign fund shall file a
Vermont campaign finance affidavit on the date on or before which primary
petitions must be filed, whether the candidate seeks to enter a party primary or
is an independent candidate.
(b) The secretary of state shall prepare a Vermont campaign finance affidavit
form, informational materials on procedures and financial requirements and
notification of the penalties for violation of this subchapter. The Vermont
campaign finance affidavit shall set forth the conditions of receiving grants
under this subchapter and provide space for the candidate to agree that he or
she will abide by such conditions and all expenditure and contribution
limitations, reporting requirements, and other provisions of this chapter. The
affidavit shall also state the candidate's name, legal residence, business or
occupation, address of business or occupation, party affiliation, if any, the
office sought and whether the candidate intends to enter a party primary. The
affidavit shall also contain a list of all the candidate's qualifying
contributions together with the name and town of residence of the contributor
and the date each contribution was made. The affidavit may further require
affirmation of such other information as deemed necessary by the secretary for
the administration of this subchapter. The affidavit shall be sworn and
subscribed to by the candidate. (Added 1997, No. 64, § 2, eff. Nov. 4, 1998.)
§ 2853. Vermont campaign finance grants; conditions
(a) A person shall not be eligible for Vermont campaign finance grants if, during a two-year general election
cycle, he or she becomes a candidate by announcing that he or she seeks an elected position as governor or
lieutenant governor, or by accepting contributions totaling $2,000.00 or more or by making expenditures
totaling $2,000.00 or more, prior to February 15 of the general election year. (Amended 2005, No. 62 (Adj.
Sess.), § 12.)
(b) A candidate who accepts Vermont campaign finance grants, shall:
(1) Not solicit, accept or expend any contributions except qualifying
contributions, Vermont campaign finance grants and contributions authorized
under section 2855 of this title, which contributions may be solicited, accepted
or expended only in accordance with the provisions of this subchapter.
(2) Deposit all qualifying contributions, Vermont campaign finance grants and
any contributions accepted in accordance with the provisions of section 2855 of
this title in a federally insured noninterest bearing checking account.
(3) Not later than 40 days after the general election, deposit in the Vermont
campaign fund, after all permissible expenditures have been paid, the balance of
any amounts remaining in the account established under subdivision (2) of this
subsection. (Added 1997, No. 64, § 2, eff. Nov. 4, 1998.)
§ 2854. Qualifying contributions
(a) In order to qualify for Vermont campaign finance grants, a candidate for the
office of governor or lieutenant governor must obtain during the Vermont
campaign finance qualification period the following amount and number of
qualifying contributions for the office being sought:
(1) For governor, a total amount of no less than $35,000.00 collected from no
fewer than 1,500 qualified individual contributors making a contribution of no
more than $50.00 each.
(2) For lieutenant governor, a total amount of no less than $17,500.00 collected
from no fewer than 750 qualified individual contributors making a contribution
of no more than $50.00 each.
(b) No candidate may accept more than one qualifying contribution from the same
contributor and no contributor may make more than one qualifying contribution to
the same candidate in any Vermont campaign finance qualification period. For the
purpose of this section, a qualified individual contributor means an individual
who is registered to vote in Vermont. No more than 25 percent of the total
number of qualified individual contributors may be residents of the same county.
(c) Each qualifying contribution must indicate the name and town of residence of
the contributor, the date received, and be acknowledged by the signature of the
contributor.
(d) A candidate may retain and expend qualifying contributions obtained under
this section. A candidate may expend the qualifying contributions for the
purpose of obtaining additional qualifying contributions and may expend the
remaining qualifying contributions during the primary and general election
periods. Amounts expended under this subsection shall be considered expenditures
for purposes of this chapter. (Added 1997, No. 64, § 2, eff. Nov. 4, 1998.)
§ 2855. Vermont campaign finance grants; amounts;
timing
(a) To the extent funds are available, the secretary of state shall make grants
from the Vermont campaign fund in separate grants for the primary and general
election periods to candidates who have qualified for Vermont campaign finance
grants under this subchapter.
(b) Whether a candidate has entered a primary or is an independent candidate,
Vermont campaign finance grants shall be in the following amounts:
(1) For governor, $75,000.00 in a primary election period and $225,000.00 in a
general election period, provided that the grant for a primary election period
shall be reduced by an amount equal to the candidate's qualifying contributions.
(2) For lieutenant governor, $25,000.00 in a primary election period and
$75,000.00 in a general election period, provided that the grant for a primary
election period shall be reduced by an amount equal to the candidate's
qualifying contributions.
(3) A candidate who is an incumbent of the office being sought shall be entitled
to receive a grant in an amount equal to 85 percent of the amount listed in
subdivision (1) or (2) of this subsection.
(c) In an uncontested general election and in the case of a candidate who enters
a primary election and is unsuccessful in that election, an otherwise eligible
candidate shall not be eligible for a general election period grant. However,
such candidate may solicit and accept contributions and make expenditures as
follows: contributions shall be subject to the limitations of section 2805 of
this title and expenditures shall be limited to an amount equal to the amount of
the grant set forth in subsection (b) of this section for the general election
for that office.
(d) Grants awarded in a primary election period, but not expended by the
candidate in the primary election period, may be expended by the candidate in
the general election period.
(e) If the Vermont campaign fund contains insufficient revenues to provide
Vermont campaign finance grants to all candidates under this section, the
available funds shall be distributed proportionately among all qualifying
candidates. If grants are reduced under this subsection, a candidate may solicit
and accept additional contributions equal to the amount of the difference
between the amount of the Vermont campaign finance grants authorized and the
amount received under this section. Additional contributions authorized under
this subsection shall be governed by the provisions of sections 2805 and 2853 of
this title.
(f) Vermont campaign finance grants for a primary election period shall be paid
to qualifying candidates within the first ten business days of the primary
election period. Vermont campaign finance grants for a general election period
shall be paid to qualifying candidates during the first ten business days of the
general election period. (Added 1997, No. 64, § 2, eff. Nov. 4, 1998.)
§ 2856. Vermont campaign fund
(a) A Vermont campaign fund is created for distribution of Vermont campaign
finance grants to candidates for the offices of governor and lieutenant
governor. The fund shall be administered by the state treasurer, and payments
shall be made under warrants issued by the secretary of state.
(b) The fund shall consist of revenues from the following sources:
(1) Any amounts required to be deposited in the fund under section 2853 of this
title.
(2) All penalties and fines levied for violations of this chapter.
(3) Forty percent of the amounts paid as annual report fees by domestic
corporations under subdivision 1.22(a)(17) of Title 11A and 33 percent of the
amounts paid as annual report fees by foreign corporations under subdivision
1.22(a)(16) of Title 11A.
(4) All amounts collected from the tax on lobbying expenditures imposed under 2
V.S.A. § 264a.
(5) All amounts collected under section 5862c of Title 32, the Vermont campaign
fund add-on.
(6) Any gifts received by the fund.
(7) Any amounts appropriated to the Vermont campaign fund by act of the general
assembly.
(c) All principal and interest remaining in the fund at the close of any fiscal
year shall not revert but shall remain in the fund for use in succeeding fiscal
years. (Added 1997, No. 64, § 2, eff. Jan. 1, 1998.)
§ 2881. Definitions (Repealed 2005)
§ 2882. Identification (Repealed 2005)
§ 2883. Notice of expenditure (Repealed 2005)
§ 2891. Definitions
As used in this chapter, "electioneering communication" means any communication, including communications
published in any newspaper or periodical or broadcast on radio or television or over any public address system,
placed on any billboards, outdoor facilities, buttons or printed material attached to motor vehicles, window
displays, posters, cards, pamphlets, leaflets, flyers, or other circulars, or in any direct mailing, robotic phone
calls, or mass e mails that refers to a clearly identified candidate for office and that promotes or supports a
candidate for that office, or attacks or opposes a candidate for that office, regardless of whether the
communication expressly advocates a vote for or against a candidate. (Added 2005, No. 62 (Adj. Sess.),
§ 13.)
§ 2892. Identification
All electioneering communications shall contain the name and address of the person, political committee, or
campaign who or which paid for the communication. The communication shall clearly designate the name of
the candidate, party, or political committee by or on whose behalf the same is published or broadcast. The
identification requirements of this section shall not apply to lapel stickers or buttons, nor shall they apply to
electioneering communications made by a single individual acting alone who spends, in a single two-year
general election cycle, a cumulative amount of no more than $150.00 on those electioneering communications.
(Added 2005, No. 62 (Adj. Sess.), § 13.)
§ 2893. Notice of expenditure
(a) For purposes of this section, "mass media activities" includes television commercials, radio commercials,
mass mailings, literature drops, newspaper and periodical advertisements, robotic phone calls, and telephone
banks which include the name or likeness of a clearly identified candidate for office. (Added 2005, No. 62 (Adj.
Sess.), § 13.)
(b) In addition to any other reports required to be filed under this chapter, a person who makes expenditures
for any one mass media activity totaling $500.00 or more within 30 days of a primary or general election shall,
for each activity, file a mass media report with the secretary of state and send a copy of the mass media
report to each candidate whose name or likeness is included in the activity within 24 hours of the expenditure
or activity, whichever occurs first. For the purposes of this section, a person shall be treated as having made
an expenditure if the person has executed a contract to make the expenditure. The report shall identify the
person who made the expenditure with the name of the candidate involved in the activity and any other
information relating to the expenditure that is required to be disclosed under the provisions of subsections
2803(a) and (b) of this title. (Added 2005, No. 62 (Adj. Sess.), § 13.)
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