Office of the Vermont Secretary of State - www.sec.state.vt.us 26 Terrace Street, Montpelier, VT 05609-1101 : Phone 802-828-2363 |
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Voice From the Vault |
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When we last met, Governor Jim Douglas had proclaimed October Archives Month. Though I am writing with only a week left in October, it is safe to say, "what a month it has been:" the parades, the car and furniture sales, the fireworks! Okay, I am kidding, except maybe about those fireworks. The fireworks were fueled by the importance of records to government accountability. October began with the Vermont Supreme Court issuing a ruling in Shlansky v. City of Burlington and Burlington Police. The ruling, among other things, confirmed the public record exemption for "records which are relevant to litigation to which the public agency is a party of record…" It also reaffirmed that the motive of the requestor cannot be a factor in responding to a public records request. The ruling is at: http://info.libraries.vermont.gov/supct/current/op2009-291.html. Shlansky was followed by several other access to records issues. These included the different responses to requests for copies of videotapes of two traffic incidences involving candidates/officials. While the videotape of one candidate being stopped for speeding was quickly released, the refusal to provide the videotape of the other candidate’s DUI stop is now being challenged under the public records law. In yet another case the ACLU is seeking the release of information on the procedures and criteria used by law enforcement officials to approve the tracking of citizens through their cell phones. October also marks the closing weeks of the election season and again record issues lurk within the headlines. While politicians are said to run on their record, there is an equal tendency in some races for candidates to interpret an opponent’s record first and then run against it ("my opponent voted for higher taxes or fewer services or…" Well, at this point, you can probably recite the litany of accusations in your sleep). Reporters, operating with reduced resources, confronted the challenge of evaluating competing accusations. Many reporters, not to mention opposition researchers, did check records against the allegations. Nancy Remsen of the Burlington Free Press deserves special mention for trying to untangle roll call votes to get at the truth of various charges and countercharges. Thanks to Vermont Public Radio’s Vermont Edition, Vermonters had an opportunity to listen to two Canadian archivists exploring the evolving roles for archives in helping citizens engage in public dialogues and democratic decision-making. Terry Cook is one of the world’s leading archival theorists and teachers; while Wendy Smith, who is a student of Terry’s, just completed an internship at the Nelson Mandela Foundation in South Africa. They were in Vermont, along with Helen Samuels, another leading archival thinker, to review and discuss VSARA’s evolving archival and records management initiatives. I hope in a future column to share our discussions with them. For now I simply note that Dr. Cook called senior record analyst Tanya Marshall’s information management work as "the best such system I have seen in the world and its implications for good governance are amazing." So congratulations to Tanya for this well deserved praise. Perhaps my favorite Archives Month activity is the
"archival moment" stories on our website
http://vermont-archives.org/research/archmonth.htm And so it was a good month in which historical records and those who care for and use them had a moment to share their experiences. They are back at work now in their archives and their research, just as those seeking public records continue to pursue access, and journalists carry on perusing records to give context to political pronouncements and assertions. Records, after all, are a constant part of our world. Table of Contents | Past Issues of Opinions | Secretary of State's Homepage
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1. People on the ballot generally may not serve as election officials. No person who is a candidate for an office in a contested race printed on the general election ballot may serve as an election official for that election unless the person is running for justice of the peace or ward clerk. 17 V.S.A. §2456. A candidate’s spouse, parent or child may not deliver absentee ballots to ill or physically disabled voters when the candidate is disqualified from serving as an election official. 17 V.S.A. §2538. Whenever possible, the best practice is to avoid even the suggestion of a lack of impartiality. So, even if a candidate can serve as an election official, do not have the candidate count ballots for the office that he or she is seeking. 2. Presiding officer assigns jobs on Election Day. The presiding officer assigns members of the BCA and other election workers hours and duties at the polls. 17 V.S.A. §2455. While the presiding officer will often take into account individual preferences, he or she is not required to do so. Indeed, if the presiding officer believes that an individual is disruptive or not capable of performing the duties he or she can choose not to assign any duties at all to that person. 3. Election worker pay is determined by voters or selectboard. There is no law requiring that the town pay the people who run the election for the town. The compensation, if any, of those who deliver absentee ballots is established by the BCA. 17 V.S.A. §2538(a). Compensation of other election assistants, if any, is determined by the electorate at town meeting, as part of the normal budget process, or in lieu of that express vote, by the selectboard. Many towns pay minimum wage to election assistants while other towns ask for volunteers. 4. Election workers should work in bipartisan pairs. When the presiding officer assigns election officials to work, he or she should assign pairs of workers, with no pair containing members from the same political party (if possible) at the polling place. 17 V.S.A. §2562. If it is not possible to assign people of different parties to work together, then the presiding officer should assign two people to work together who are not friends with each other, and who are not known to support the same candidates, so that the public would believe that each would be a check on the other. 5. Poll watchers may observe the election. In Vermont our elections are public proceedings, and so long as a person is not disruptive, he or she may observe the elections. Representatives of political parties, candidates and political committees have a right to be present and observe voters at the entrance checklist. The town clerk and presiding officers, if any, should either set out chairs, guardrails, or mark with tape where the poll watchers can be located to observe. They have a right to hear the name of each voter restated by the entrance checklist election official. 6. Presiding officer should make rules for poll watchers. Presiding officers have the right to make reasonable rules to control the activities of poll watchers. These include no use of cell phones in the polling place; no talking that interrupts the work of the election officials, etc. We suggest that presiding officers develop written policies for poll watcher conduct at the polls and ask all poll watchers to sign the policy indicating that they have read and understand them. 7. There is a limited right to challenge voters in Vermont. Political parties, candidates and political committees supporting or opposing any public question have a right to challenge a voter’s right to vote on only two grounds: 1) that a voter has already voted in the same election or 2) that the voter is not, in fact, the person whose name appears on the checklist. 17 V.S.A. §2564. These are the only two reasons that can be used to challenge a voter on Election Day. If a voter is challenged for one of these two reasons, then the BCA must convene immediately to informally hear the facts and rule on the matter at the polling place. 17 V.S.A. §2564. 8. Parties have the right to view the checklist in small towns. In polling places with 500 or fewer names on the checklist, political parties, candidates and political committees supporting or opposing any public question have a right to view the checklist twice during the election day at times convenient to election officials if prior written requests were made at least 12 hours before the polls open. 17 V.S.A. §2572. 9. No one may interfere with voters coming into or out of the polling place. Vermont law provides that the presiding officer must ensure that no one hinders or interferes with the progress of any voter to and from the polling place. 17 V.S.A. §2508. The statute does not provide a specific distance that campaigners or exit pollsters must be from the polling place. There is NO SPECIFIC NUMBER OF FEET or limit in Vermont law for the physical distance that a candidate or supporter must stay from the polling place. Rather, the presiding officer must establish a policy that makes sense for the particular polling place, and then show candidates and supporters where they can stand outside each polling place so that voters can enter and leave without interference. Note that the limits may not be too distant from the polling place as the candidates and campaigns have a First Amendment right to be there. 17 V.S.A. §2508. 10. There is no politicking in the polling place. Within the building containing a polling place, the presiding officer is responsible for ensuring that no campaign literature, stickers, buttons, name stamps, information on candidates or other political materials are placed, handed out, displayed or allowed to remain. 17 V.S.A. §2508. The presiding officer is also responsible for ensuring that no candidate, election official or other person solicits voters or otherwise campaigns in the polling place. 17 V.S.A. § 2508. Voters wearing buttons or stickers should be asked politely to remove them while inside the polling place. 11. Voters may bring in material to help them vote. Any voter may bring a small card or folded paper to remind the voter how he or she wants to vote, or a label or sticker to affix it to the ballot to vote for a write-in candidate so long as the voter is not displaying his paper or label to others in the room. 17 V.S.A. §2587(e). It is wise to ask one election worker per shift to check the polling booths regularly to make sure that no political materials have been left inside the booths. 12. Tabulator Towns: LHS associates will be contacting town clerks to schedule a time to perform maintenance and to install an upgrade on each tabulator. They plan to begin December 1, 2010 and to complete all work before March Town Meeting. 13. Ballots should be destroyed at least 22 months after each election. Towns must keep all primary and general election ballots along with tally and summary sheets in sealed bags for 22 months following the election. Note that, for municipal elections the ballots must be kept in sealed bags in the vault for only 90 days after the election. Some town vaults are filled with bags that could and should be emptied. The entrance checklist, along with any statement of discrepancies, must be kept for five years. 17 V.S.A. §2590. 14. Following the general election the board of civil authority must purge the voter checklist. After the general election the BCA must meet to remove voters from the checklist who were sent a letter challenging residency in your town prior to the 2006 general election, and who did not respond to the challenge and notices (as described in section 2150 (d)(3), and who did not vote in 2004 or 2006. 15. JP can withdraw from race in event of a tie vote. If a vote for a justice of the peace ends in a tie, or if a recount for JP or local official election ends with a tie vote, then either tied candidate can file a written withdrawal within five days of the election or recount to allow the other candidate to serve. If no withdrawal is filed, then a runoff election must be held pursuant to 17 V.S.A. §2682(e). This was a recent change to the statute so that a town would not need to spend the time and money on a runoff if one of the candidates was willing to withdraw and let the other tied candidate be declared the winner. 16. JP terms begin in February. Although justices of the peace are elected on November 2, 2010, the term of office for the newly elected JP’s does not begin until February 1, 2011. However, it is a good idea for town clerks to include a copy of the oath form with the Certificates of Election to all justices. A person elected as a JP can take the oath and return the oath of office to the town clerk at any time after receipt of the Certificate of Election, but please remind newly elected justices that no duties, including marriages, can be performed until February 1, 2011. If you want to perform a marriage before February 1, 2010 you can contact the Secretary of State’s office to become an officiant for a particular marriage. 17. When a candidate declines an office it creates a vacancy. In all elections, except when there is a tie for justice of the peace, if a candidate is elected and then decides that he or she does not want to serve in the position, then a vacancy is created that must be filled according to statutory procedures. It is never possible to have a person decline an election so that the person receiving the next highest amount of votes becomes the winner. The provisions for filling vacancies for statewide, legislative, and justices of the peace are set out in 17 V.S.A. §2623. For local offices, the selectboard makes appointments to vacancies in town offices, and the school board appoints to fill a vacancy on the school board. 24 V.S.A. §963 and 16 V.S.A. §424 and 706l. 18. Clerk and treasurer positions are separate office and need to be separately voted. Unless your town has a charter that combines the clerk-treasurer position as one office, the town clerk and the town treasurer are separate statutory offices and candidates must circulate a separate petition for each office including the name of the office and the term length. Each office must be listed as a separate race or contest on your town ballot even if a candidate submits petitions for each office. We are aware that some towns continue to combine these two offices on the ballot without a town charter provision that combines the offices. 19. It is permissible for the same person to be elected to serve as town clerk-treasurer and also as village clerk-treasurer. There is no statutory conflict and in many situations each municipality benefits from the knowledge and experience of the candidate who has already served in one of the positions. 20. A majority of the board must agree in order for the board to take action. Most boards are required to have a majority of the board to vote in favor of a motion in order to pass the motion even if some members of the board are absent or have abstained. 1 V.S.A. §172. For example, if you have a five member selectboard, at least 3 members must vote in favor of a motion for it to pass. If only 3 members are present and voting, then all three members must vote in favor of the motion in order to take action. 21. School boards can pass motions with a majority of those present and voting. School boards operate under a special statute, 16 V.S.A. §554, that changes the general rule for board voting so that a school board needs a quorum (majority of the board) to be present, but then only requires the majority of those present to vote in favor of a motion for the motion to pass. For example, on a union high school board composed of 15 total members, if only 9 members are present at a meeting, only five members need to vote in favor of a motion for it to pass. 22. Dogs brought into state temporarily need proof of rabies vaccination. The law permits a person to bring a dog into Vermont for up to 90 days without getting a Vermont license so long as the dog is licensed in its home state or so long as it bears an identification of its owner and the owner has a certificate proving the animal has received a rabies vaccine that is current for the time period the dog will be in Vermont. 20 V.S.A. § 3587. 23. New dog owners need to license the pet within 30 days. When a person gets a dog that has not been licensed (and who is over six months old) after April 1st the dog owner must get a license for the animal within thirty days. For licenses granted after October 1st the fee for the license will be half the fee otherwise required. If the license fee is not paid within 30 days then the owner will be charged a late fee of 50 percent in excess of the license fee otherwise required. 20 V.S.A. § 3582. 24. Court judgment can be recorded to convey real estate as though it were a deed. In the event of a divorce decree that orders the transfer of property, the law provides that "A certified copy of the judgment, or relevant parts thereof, when recorded in the land records of the town in which real estate of the parties is located, shall be effective to convey or encumber the real estate in accordance with the terms of the judgment, as if the judgment were a deed" 15 V.S.A. § 754. A property transfer return must be filed with the judgment, but the transfer is exempt from the taxes if the property is being conveyed to either of the parties. 25. Recorded copy should be marked in the margin. When a clerk records a copy of a document in the land record (as opposed to the original) he or she should mark in the margin of the document that the recorded document was a copy and not the original. This will prevent confusion later on since it is generally assumed that recorded documents in the town office are originals (with the original signatures on them).
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Civics Behind the Scenes |
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Promoting the Right to Vote By the time you read this, Election Day may be behind us but I am writing in mid-October in the midst of our efforts to reach out to voters and voters-to-be. One of our campaigns is geared towards new citizens, many of them refugees from war-torn countries where voting could make you a target of the opposition and people feared to voice their opinions much less show up to actually vote. These people have to be reassured that voting is for them, that there will be no reprisals, that there is no list with their names on it except the checklist that shows them to be registered voters in their towns. This circumstance is beyond comprehension for most of us, yet our grandmothers or great-grandmothers could not vote. Not so long ago people of color were barred from voting in this country, and many still face almost insurmountable barriers. And some of our family members, friends and neighbors don’t go to the polls because the building is not accessible or the effort of using a paper ballot is just too much for them. In Vermont, you are eligible to register to vote if you are at least 18 and a U.S. citizen, yet many young people do not bother. We also have a campaign for them using a Facebook page called Your Vote Your Voice which capitalizes on social networking to get crucial information across. And there is another campaign to inform the public of programs such as our Vote-by-Phone system at each town’s polling place and other voting methods for those who need accommodations in order to vote This is my first election year in my job as coordinator of Voter Outreach and Civics Education. I am proud to be a part of all these efforts and grateful to all of you who have participated in voter registration drives, mock elections in schools, Honor A Vet with Your Vote, and all the ways you make use of our materials to engage voters and voters-to-be. At the Office of the Secretary of State, it is not only our job but our passion to ensure that all Vermonters can exercise their right to vote. I look forward to building on our current efforts to reach out to even more people in 2012 and I hope that you will let me know your ideas about how to we can make our programs more effective and more accessible. You can reach me at 828-1296 or by e-mail at Olivia.gay@sec.state.vt.us
For more information about the Secretary of State’s Office’s Civics
Programs or to order materials
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November 1 (Monday) Voters, family members, authorized persons, or health care providers may request early or absentee ballots until 5:00 p.m. or the closing of the town clerk’s office. 17 V.S.A. § 2531(a) Clerks must make a list of early or absentee voters available upon request in their offices. 17 V.S.A. § 2534 The presiding officer of each polling place must also post a copy of the warning and notice, sample ballots and the current checklist in a conspicuous place in each polling place before the polls open on election day. 17 V.S.A. § 2523(a) The presiding officer shall also ensure that signs informing voters of procedures for depositing ballots are placed on or near the ballot boxes before the polls open on election day. 17 V.S.A. § 2523(b) November 2 (Tuesday) GENERAL ELECTION DAY - Clerks must make a copy of all early or absentee voters available at their office and in each polling place as soon as it opens. 17 V.S.A. § 2534 Elections Division staff will be available from 7:00 a.m. to 9:00 p.m. on Tuesday, November 2, 2010· Main Office - 802-828-2363· Toll Free Number - 800-439-8683 · Kathy DeWolfe - 802-828-2304 · Melanie Hodge - 802-828-0175 · David Crossman - 802-828-0771 November 4 (Thursday) In a manner prescribed by the Secretary of State and within 48 hours of the close of polls, the town clerk shall deliver one certified copy of the official return of vote to the secretary of state, representative district clerk, senatorial district clerk and county clerk. 17 V.S.A. § 2588 PLEASE OVERNIGHT YOUR OFFICIAL RETURNS (ORV) TO THE OFFICE OF THE SECRETARY OF STATE, 26 Terrace Street, Montpelier, VT 05609-1101. November 9 (Tuesday) - At 10:00 a.m. all canvassing committees (statewide, county, senatorial, and representative) must meet to tally returns. 17 V.S.A. § 2592(g) and (h) The committee shall prepare certificates of election and send or deliver these to the candidates elected, except the statewide committee shall prepare the certificates but not sign them. Each canvassing committee shall also file a canvassing report of its findings with the Secretary of State. 17 V.S.A. § 2592(m) November 12 (Friday) - Deadline for filing ten-day post election campaign finance reports by candidates for local office (probate judge, assistant judge, state’s attorney, sheriff, high bailiff and justice of the peace) who have expended or received $500.00 or more. Local candidates shall file these reports with the town clerk. 17 V.S.A. § 2822 Last day for a losing candidate to request a recount (within 10 days after the election). 17 V.S.A. § 2602(b) Last day for statewide and general assembly candidates who have not made expenditures and received contributions of $500.00 or less to file statement with the Secretary of State’s office that candidate has not made expenditures or received contributions of more than $500.00. November 15 (Monday) - Candidates for state office, state senator, state representative, political parties, and political committees who have made expenditures or received contributions of $500.00 or more must file campaign finance reports with the secretary of state by 5:00 p.m. 17 V.S.A. §§ 2103(13), 2811(a)(1). Candidates for state senator or state representative must also file such reports with the clerk of the candidates’ respective senate or house district (the same clerk where the candidate files nominating petitions). 17 V.S.A. § 2811(e) November 17 (Wednesday) - Last day that a legal voter may contest the results of the general election (within 15 days after the election). 17 V.S.A. § 2603(c) DECEMBER 2010 December 2 (Thursday) - Last day for U.S. Congressional candidates to file FEC 30-day post-general reports (Oct. 20-Nov. 28), 2 U.S.C. § 434(a)(2) December 15 (Wednesday) - Deadline for filing post election campaign finance reports with the Secretary of State by candidates for statewide office, state senator, state representative, political committees, and political parties who have expended or received $500.00 or more. Also deadline for filing forty-day post election campaign finance reports by county office candidates who have made expenditures or received contributions of $500.00 or more. County candidates (probate judge, assistant judge, state’s attorney, sheriff, high bailiff and justice of the peace) shall file with the county clerk with whom his or her nomination papers were filed. Copies of these reports must be forwarded by the county clerks to the secretary of state within five days of receipt. 17 V.S.A. §§ 2811, 2821(c), 2831 If a filing deadline falls on a Saturday, Sunday or legal holiday, then the deadline shall be extended to the next business day. 17 V.S.A. § 2103(13) Candidates for the state senator or state representative must also file such reports with the clerk of the candidates’ respective senate or house district (the same clerk where the candidate files nominating petitions). 17 V.S.A. § 2811(e) For the full election calendar, visit http://vermont-elections.org
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This is a reminder that following the general election, the clerk must send or deliver a certificate of election signed by the clerk and one other election official to each justice of the peace candidate elected. The Secretary of State's Office will send the certificate of election form and the oath of office form to you before the election. The newly elected JP must take the oath of office and deposit a signed and certified copy of the oath with the town clerk before taking office on February 1, 2011. 4 V.S.A. §491 Town clerks must send the names and addresses of all justices to the Secretary of State following the election. 17 V.S.A. §2592(i). Please remind newly elected justices that even if they take the oath of office immediately following the election, the justice of the peace term does not start until February 1, 2011, and no official acts can be done before that time. Updated justice of the peace guides will be mailed to all newly elected justices before they take office. Also, remind the newly elected justices that although they will become ex officio notaries public, they must file applications to become notaries with the county clerk before performing any notary duties (there is no fee but the application must be submitted). If you have a tip to share, contact Alison Kaiser at akaiser@townofstowevermont.org
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Town Health Officers Workshop (Sponsored by the VLCT Municipal Assistance Center and the Vermont Department of Health) This workshop will comprehensively review the national Healthy Homes initiative, asthma environmental triggers in homes, and monitoring and complying with Vermont’s rental housing health code. It will also provide guidance on writing health orders, emergency health orders, and inspection reports. November 4, Carter Center, NVDA, Lyndonville November 9, Mt. Snow, Dover November 10, Doubletree Hotel, South Burlington ************************************************* Budget and Financial Management (Sponsored by the VLCT Municipal Assistance Center) This annual workshop provides an introduction to governmental accounting, strategies for grants management, developing the annual operating budget, and tips for managing the politics of the budgeting process. November 9, Capitol Plaza, Montpelier ************************************************** Montpelier Health Trust Annual Meeting (Sponsored by the VLCT Health Trust) Members and directors of the VLCT Health Trust will gather to hear annual financial and performance reports as well as information about renewal of the health insurance program. November 12, Capitol Plaza, Montpelier ************************************************** Auditors’ Workshop (Sponsored by the VLCT Municipal Assistance Center) This new workshop is designed for newly-elected as well as seasoned auditors. It will include a review of the statutory duties and responsibilities of auditors, a discussion of best practices, plus a review of various audit checklists to help you conduct the annual audit of your town’s accounts. November 16, Capitol Plaza, Montpelier ************************************************** Ethics and Municipal Land Use Officials (Sponsored by the VLCT Municipal Assistance Center and Vermont’s Regional Planning Commissions) Delivered in the evening via interactive television, this workshop will explore the various ethical dilemmas that may con-front municipal land use officials, such as when officials serve in multiple land use roles or when an official’s personal life conflicts with his or her role as a land use official. We will discuss how to manage these conflicts, and the consequences of not addressing them, paying specific attention to conflicts of interest, bias, and ex parte communication. November 17, Vermont Interactive Television sites **************************************************
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An idea can turn to dust or magic, depending on the talent that rubs against it. author unknown
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Help us keep our mailing list up to date! Let us know if: Send us a note via fax: 802-828-2496, Thank you for helping us keep Opinions running efficiently! Table of Contents | Past Issues of Opinions | Secretary of State's Homepage |
When I was first elected Secretary of State in 1998 no one (except
of course for the clerks and this office) paid much attention to how
elections were run. There were the usual close races and recounts,
the occasional complaint about an overzealous election official
talking too loudly about politics in the polling place or the spouse
of a candidate helping to count the votes. But overall, Vermonters
were not overly concerned about how we ran the elections. 
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