Elections: Justice of the Peace Nomination

JUSTICE OF THE PEACE NOMINATION

INDEPENDENT CANDIDATES
Independent candidates for justice of the peace must file petitions with the signatures of 30 voters of the town or one percent of the checklist, whichever is less. Independent petitions and consent of candidate forms must be filed with the town clerk by 5:00 p.m. on June 17, 2010

Independent candidate petition and consent of candidate form

PARTY CANDIDATES
Statements of nomination for canidates nominated by party caucus or party committee must be filed with the town clerk by 5:00 p.m. by August 27, 2010.

Nomination by party caucus form (prior to August 3, 2010)
Sample notice for party caucus

Nomination by party committee form (after August 3, 2010)
Sample notice for party committee

Nomination by party caucus
On or before August 3, 2010 (first Tuesday in August), the town committee may call a caucus by posting notice in at least three public places in town at least seven days prior to the meeting.  In towns with a population greater than 1,000, notice of the caucus must also be published in a newspaper having general circulation in the town not less than three days before the date of the caucus.  The notices must state the time, place and purpose of the caucus.  17 V.S.A. §2413.

At the meeting, the caucus nominates candidates for JP.  Nomination requires a majority of those present and voting.  If no candidate receives a majority after two ballots, the candidate with the lowest number of votes in the second round of voting and each succeeding round is eliminated until one of the remaining candidates receives a majority.  17 V.S.A. §2384.

When the candidates have been nominated, the enclosed nomination by party caucus form must be filled out and signed by the chair and secretary.  A copy of the notice that was posted for the caucus must be filed along with the statement of nomination in the office of the town clerk by 5:00 p.m. on Friday, August 27, 2010.  17 V.S.A. §2385(c).

Nominees by party caucus for the office of Justice of the Peace do not need to file a consent form.  However, before filing the statement of nomination the chair or secretary of the town committee must check with each nominee to confirm the nominee’s consent to have his or her name appear on the ballot and his or her willingness to serve.  17 V.S.A. §2385(e).  You should also confirm the spelling of the candidate's name and how he or she wishes it to appear on the ballot.

Nomination by party committee
If a caucus is not held prior to August 3, 2010, the town committee may meet to nominate candidates for the office of justice of the peace.  The chair – or any three members of the party if the party has not officially organized in that town – sets a date, time and place for a committee meeting.  Written notice must be given to all committee members not less than five days prior to the meeting and the notice must include the offices for which nominations will be made.  17 V.S.A. §§2383, 2413.  (There are no posting/newspaper requirements for party committee meetings.)

At the meeting, the town party committee nominates candidates.  Nomination requires a majority of those present and voting.  If no candidate receives a majority after two ballots, the candidate with the lowest number of votes in the second round of voting and each succeeding round is eliminated until one of the remaining candidates receives a majority.  17 V.S.A. §2384

When the candidates have been nominated, the enclosed nomination by party committee form must be filled out and signed by the chair and secretary.  A copy of the notice that was sent to all committee members shall be filed along with the statement of nomination in the office of the town clerk by 5:00 p.m. on Friday, August 27, 2010.  17 V.S.A. §2385(c)

Nominees for the office of justice of the peace need not file a consent form.  However, before filing the statement of nomination the chair or secretary must check with each nominee to confirm the nominee's consent to have his or her name appear on the ballot and his or her willingness to serve.  17 V.S.A. §2385(e) You should also confirm the spelling of the candidate's name and how he or she wishes it to appear on the ballot.

In some towns, it has traditionally been agreed that each major party would only nominate part of the number of justices to be elected.  There has never been anything in the law to encourage or approve of this practice.  Now that more minor parties are becoming active, and more citizens are seeking to run for the office of justice of the peace by independent petition, the practice of each major party only nominating one-half of the number of justices is generally falling by the wayside.   The law allows any major or minor party to nominate up to the full number of justices that can be elected in your town. 

Vermont law allows individuals to run as independents for the office of justice of the peace.  Prospective independent justices must file petitions, containing the signatures of at least thirty voters or one percent of the town's voters, whichever is less, as well as a consent form, with the town clerk no later than 5 p.m. on Thursday, June 17, 2010.