Title 17, Title 17: Elections

§ 2568. Removing ballots from polling place; replacement and unused ballots (a) Removing ballots from polling place. A person shall not take or remove a ballot from the polling place before the close of the polls. (b) Replacement ballots. (1) If a voter desires a replacement ball…

§ 2569. Assistance to voter (a) A voter who declares to the presiding officer that he or she needs assistance to mark the ballot 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 affiliatio…

§ 2570. Depositing ballots (a) In primary elections, the voter shall first hand any unvoted primary ballots to the appropriate election official, who shall deposit those ballots in a receptacle marked for unvoted primary ballots. The voter shall then deposit the voted ballot in t…

§ 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 t…

§ 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 mor…

§ 2573. No counting before polls close In towns that do not use vote tabulators, the ballot boxes shall not be opened nor the ballots counted before the closing of the polls. In towns using vote tabulators, the tabulator counts shall not be viewed or printed before the closing of…

§ 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 or she shall then ensure that all persons who are not election officials are pr…

§ 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 Sta…

§ 2583. Official checklist to be tallied; storage of checklist (a)(1) 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…

§ 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…

§ 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 pape…

§ 2586. Tally sheets; summary sheets; returns The Secretary of State shall design, prepare, and distribute a sufficient supply of the following forms, which may be used in each polling place during the counting process: (1) Tally sheets. (A) These sheets shall provide a place to …

§ 2587. Rules for counting votes (a)(1) In counting votes, election officials shall attempt to ascertain the intent of the voter as expressed by markings on the ballot and in a manner that is consistent with guidance that shall be adopted by rule by the Secretary of State. (2) If…

§ 2588. Filing returns For any primary or general election: (1)(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 …

§ 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 pa…

§ 2590. Securing and storing ballots, tally sheets, and checklists (a)(1) The following shall not be placed in a sealed container, but shall be delivered to the town clerk along with the sealed containers: (A) ballots that were never distributed to voters; (B) any vote tabulator …

§ 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 or her offi…

§ 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 chair of the State committee of each major political party (or designee) shall constitute a canvas…

§ 2593. Participation to be entered on statewide checklist by town clerk Not later than 60 days after an annual town meeting, primary election, presidential primary, or general election, the town clerk shall indicate on the town checklist of the statewide checklist each voter’s p…

§ 2601. Recount threshold (a)(1) In an election for federal office, 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 two percent or less of the tota…

§ 2602. Petitions for recounts; setting date of recount (a) [Repealed.] (b) In the case of recounts described in subsection 2601(a) of this subchapter, the following procedure shall apply. (1) A petition for a recount shall be filed within seven calendar days after the election. …

§ 2602a. Appointment of recount committee (a)(1) Upon receipt of a petition, the county clerk shall notify all candidates for the office that is the subject of the recount, advising them to each submit immediately a list of a minimum of 10 nominees for individuals to serve on a r…

§ 2602b. Assignment of duties; recount materials (a)(1) The county clerk, with the support of the Secretary of State, shall supervise the recount and shall recruit town clerks or their designees to serve as impartial assistants to the county clerk for operating the vote tabulator…

§ 2602c. Preparation for recount; general rules (a) Recount area; preserving order. (1)(A) The county clerk shall designate an area within which the recount shall take place. (B) Persons who are not committee members or who have not been designated as impartial assistants by the …

§ 2602d. Review of official return of votes; examination of checklist (a)(1) The county clerk shall review the official return of votes for each town, record on the summary sheet for each town the number of ballots counted and the number of voters checked off the checklist on the…

§ 2602e. Sorting ballots; ballot review; recount of removed ballots by hand (a) Sorting ballots. (1) While the checklist is being examined, if applicable under section 2602d of this subchapter, after emptying a container onto his or her table, the county clerk shall separate ball…

§ 2602f. Recount of remaining ballots by vote tabulator (a) The vote tabulator team shall operate any vote tabulator used in the recount, with the assistance of the recruited town clerks or designees. (b) The vote tabulator memory card or cards shall be programmed to read only th…

§ 2602h. Completing the tally (a) The county clerk shall return all ballots to their container, seal the container, record the seal number on the summary sheet, and write “recounted” and specify the date of the recount on the tag. (b) In the presence of the clerk observer team, t…

§ 2602i. Costs (a) Recount committee members and assistants designated by the county 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. (b)(1) These and other necessary expenses, as approved by th…

§ 2602j. Court hearing and judgment (a), (b) [Repealed.] (c) Candidates and their attorneys shall be given the opportunity to present evidence to the court relating to the conduct of the recount, how to count questionable votes, and the marking of any ballot as defective in accor…

§ 2602k. Recount ties (a)(1) If a recount of a primary election results in a tie, the provisions of subsection 2369(b) of this title shall apply. (2) If a recount of a public question results in a tie, a runoff election shall not be held, and the question shall be certified not t…

§ 2602m. Storage and return of election materials (a)(1) After the recount, the county clerk shall store the sealed containers and any other recount materials in the county clerk’s vault until returned to the towns. (2) The county clerk shall release all containers to the respect…

§ 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 complai…

§ 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 …

§ 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 the elections and qualifications of its own members by filing a written req…

§ 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 certi…

§ 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 Criminal Division of…

§ 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.)

§ 2621. Vacancy in office of U.S. Senator or Representative (a) If a vacancy occurs in the office of U.S. Senator or U.S. Representative, the Governor shall call a special election to fill the vacancy. His or her proclamation shall specify a day for the special election and a day…

§ 2622. Interim appointment of U.S. Senator The Governor may make an interim appointment to fill a vacancy in the office of U.S. 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 or parties of the person whose death or resignation created the vacancy to submit one or more recommendations as …

§ 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 charters (a) Unless otherwise provided by law, when the charter of a municipality provides for procedures other than those established by law, the provisions of that charter shall prevail. (b) Except as provided in subsection (a) of this section, all provisions …

§ 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 municipality fails to hold an annual mee…

§ 2640a. Representative annual meetings (a) A municipality with a population of 5,000 or greater may vote at a special or annual town meeting to establish a representative form of annual or special meeting. (b)(1) A representative form of annual or special meeting is a meeting of…

§ 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 municipality, and in or near the town clerk’s office, not less than 30 nor more than 4…