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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Volume 12,
Number 9
October 2010
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Message from the Secretary |
Table of Contents |
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There
is nothing as good in life as being able to appreciate and share the
fruits of one's labor. Perhaps this why so many Vermonters spend
their summers in the garden!
Last Sunday my husband Paul got me out of bed
early and into the garden to harvest our potatoes. Over the years
Paul’s garden has grown from a small plot beside our house for salad
greens, squash, peas and beans to a double plot in the local
community garden. He decided it would be fun to try to grow more of
our own food.
And what a year it has been for gardeners. We
already have a good 20 jars of dilly beans and pickles put by;
onions and garlic drying on the porch; bags of carrots and beets in
cold storage; and a freezer full of pesto - and more kale than we
know what to do with!
But, although I like eating the food from the
garden, I must admit, I didn’t easily agree to help. I wanted to
make a nice breakfast for the kids and take my time over the Sunday
paper. But Paul insisted. Harvesting potatoes is a two person job
and it couldn’t wait. It looked like rain and he needed to get the
potatoes out of the ground before it got too much colder.
If you have never harvested potatoes before you
should know that while it is backbreaking work – it is also fun. It
is like a treasure hunt. One person digs up the garden bed while the
other hunts for the potatoes. So although I went reluctantly, I
quickly got into the swing of things — hands in the dirt, enjoying
the autumn breeze, filling boxes and bags with purple potatoes, red
potatoes and Yukon gold. With dirt under my fingernails and aching
arms I returned home content.
There are very few things we do in life that allow us to so
easily see and enjoy the product of our hard work. Whether it is
eating a roasted potato you picked that day, or bringing your kids
or grandchildren to a playground you helped to build, or walking
through the vault of the new state Archive facility, there is
nothing better than enjoying the product of our hard work.

Deborah L. Markowitz
Secretary of State
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Message from the Secretary
Voice From the Vault
Opinions of
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Civics Behind the Scenes
Elections Calendar
Tip of the Month
Upcoming Events
Quote of the Month
Mailing Updates
Opinions
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Voice From the Vault
by Gregory Sanford |
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Tolerating Equality: An Archives Month Story
In describing the role of religion in Vermont
Samuel Williams wrote, "It is not barely toleration, but
equality, which the people aim at. Toleration implies either a
power or a right of one party, to bear with the other; and seems to
suppose, that the governing party are in the possession of the truth,
and that all the others are full of errors. Such toleration is the
most that can be obtained by the minority…." Vermonters, however,
"carry their ideas of religious liberty much further than this; that
no party shall have any power to make laws or forms to oblige the
other; that each denomination may lay themselves under what civil
contracts and obligations they please;…that all denominations shall
enjoy equal liberty, without any legal distinction or preeminence
whatever." (Samuel Williams, The Natural and Civil History of
Vermont, Volume II, 1809; pages 382-383).
I have always been intrigued by this statement
because it forces me to think about whether my own actions and
assumptions reflect a sense of tolerance or equality. In terms of
Vermont, Williams’ uplifting sentiments were more aspirational than
descriptive.
With the normal caveats about broad
generalizations, for much of Vermont history our treatment of
Catholics often fell short of equality or, on occasion, even
tolerance. For example, as a result of petitions to the 1835
legislature an "Act to prevent the establishment of monasteries,
nunneries and other superstitious communities within the State" was
drafted. It was carried over to the 1836 legislature but does not
appear to have been enacted.
To the degree that Vermont Catholics were
associated with our Irish or French-Canadian communities, religious
prejudice was combined with xenophobia. You can see this in the
Anti-Masonic movement of the 1830s, the American (Know-Nothing) Party
of the 1850s, and the State’s flirtation with the Ku Klux Klan in the
1920s. Catholic churches around the state were periodically targeted
by arsonists. Even within the Vermont church there were tensions
between Irish and French-Canadian Catholics exacerbated by language
differences. We did not elect a Catholic governor until 1972.
Samuel Williams’ belief that Vermonters practiced
religious equality rather than mere tolerance was only slowly
realized. During that time other religions have arrived, shifting the
contexts for our dialogues over equality and tolerance (as an aside,
Article 3rd of the Vermont Constitution still
requires "every sect or denomination of christians" to "observe the
Sabbath…").
All of which is somewhat besides the point of this
month’s column. October is Archives Month. Archives Month is promoted
nationally by the Council of State Archivists and celebrates the many
roles records play in our lives, from documenting our rights,
privileges, and obligations, to tracing our family histories, to
providing contexts for understanding the world around us.
In Vermont historical/archival records can be found
in municipal clerk offices, local historical societies and libraries,
academic repositories, museums, the Vermont Historical Society, the
State Archives and Records Administration and elsewhere. Within these
repositories there are myriad stories of our society captured in
historical records of all ilk.
As long-suffering readers know, I love the
contextual weave stitched from our historical and archival records. I
am never happier than when I encounter records that illuminate the
threads of our democratic dialogues. Our collective and individual
responses to tensions such as those between tolerance and equality
become, across time, part of the fabric of our society. From Florida
to New York, Williams’ 200 year old warning that tolerance, unlike
equality, can be withdrawn continues to play out, adding to that
fabric.
There are, beyond my own interests, myriad other
joys that users of our documentary heritage experience. As I was
writing this a genealogist came in to explain how she had discovered
an ancestor who was one of Abraham Lincoln’s pall bearers.
Over the years I have been privileged to watch
people practice their sense of wonder by researching in records. I
have also swapped stories with other local archivists, including
municipal clerks, sharing moments when we, or the records we hold,
have been able to help someone. One town clerk recently explained how
she helped a family trace land records to show how their father had
donated land for a playing field for local children. As a result the
family’s generosity will be recognized by a plaque placed at the
field.
During Archives Month I encourage any of you who
have experienced a eureka moment while looking at a Vermont historical
record, to submit a short (one paragraph) "archival story" to me at
gsanford@sec.state.vt.us.
We will try to post as many as possible on our website at
http://vermont-archives.org/.
Thank you.
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SPECIAL ELECTIONS EDITION OF "OPINIONS OF OPINIONS"
1. Voted absentee ballot cannot be returned to
voter once received by clerk. If an early voter mails or returns
in person a voted ballot in the sealed, signed envelope and the unused
ballot envelope to the town clerk, the voter cannot ask for the ballot
back so he can "change his mind." 17 V.S.A. §2543. The law states that
"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."
It is just as if the ballot had been deposited in the voted ballot box
on Election Day.
2. Spoiled absentee ballot can be returned and new
ballot will be given to voter. If an early voter discovers that (s)he
has made a mistake and spoiled a ballot prior to returning the ballot
to the clerk, (s)he can return all of the spoiled ballots and
envelopes to the town clerk and request another set of ballots to
vote, just the same as a voter in the polling place can request up to
three sets of ballots if (s)he spoils or makes a mistake in marking or
tearing the ballots. 17 V.S.A §2568
3. There is no restriction on who may return
absentee ballot on behalf of voter. Anyone - a neighbor, a
delivery boy, even a candidate - can return voted ballots sealed in
the voted ballot envelope with the signature of the voter to the town
clerk (or polling place on Election Day) before the 7 p.m. closing of
the polls. Vermont statutes do not limit the means by which
voted ballots are returned. Although it may seem unusual, it is
permissible.
4. Sick voter may not have ballot delivered unless
request was made prior to Election Day. In order for a voter to
have a ballot delivered to herself on Election Day the voter must be
either sick or disabled, and the request for ballot delivery must have
been made by 5:00 p.m. or the close of the clerk’s office on the day
before Election Day. 17 V.S.A. § 2531. This means that a person who
falls ill on Election Day will be out of luck unless he or she can make it
to the polls, or unless he or she had already received an absentee or early
voting ballot.
5. Ballots are delivered by politically balanced
pairs. Vermont law requires that absentee ballots be delivered to
disabled or sick voters by politically balanced pairs of justices of
the peace or other legal voters designated by the BCA. No pair shall
consist of two justices from the same political party. The
non-justices are picked 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 is eligible except justices of
the peace to deliver absentee ballots unless the candidate is running
unopposed. 17 V.S.A. § 2538, 2546.
6. When voter dies after casting absentee ballot
the vote still counts. If a voter who has requested an absentee
ballot dies prior to Election Day, but the voted ballot has been
properly returned to the town clerk with the certificate and signature
completed by the voter, the ballot should be commingled and counted
with all of the other ballots. The statute provides that absentee
voters shall be treated as "present and voting" on Election Day. 17
V.S.A. §2550. Therefore all absentee ballots properly voted and mailed
prior to the death of the voter should be counted.
7. BCA members can be added to work on an election
to create party balance on the board. The town political committee
or three voters may make a request to the board of civil authority to
have additional members added to the board of civil authority if there
are less than three members of a major party serving on the BCA.
The procedures are set out in 17 V.S.A. §2143. If a written
request is filed with the town or city clerk, the legislative body
shall appoint from a list of names submitted by the underrepresented
party to bring the number of representatives from the party up to
three members. Note that these BCA members may only perform election
related duties.
8. Clerk should set reasonable rules for poll
watchers. Poll watchers generally come to the polls to see who has
come in to vote (they have their own checklist and take notes as
people check in) so that at the end of the day candidates can be sure
to get their voters to the polls. Sometimes poll watchers can distract
election workers which can lead to errors. Consequently we suggest
that the presiding officer set reasonable rules for poll watchers.
(These should be told or be given in writing to each poll watcher so
they know what is expected of them.) Some suggested rules include:
• No cell phones in the polling place (for all
election workers – not just poll watchers)
• No talking to voters
• No politicking in the polling place
• No talking to election workers when voters are present
• Sit or stand behind guardrail or tape-marks on floor
No one has the right to see the entrance checklist
during the election except the election workers, except in towns with
less than 500 voters on the checklist when a written request has been
made at least 12 hours before the polls open. We also suggest that the
presiding officer instruct the election workers to speak loud enough
for the poll watchers to hear them, and to instruct the poll watchers
to let the presiding officer know as soon as there is a problem with
audibility.
9. No political literature, buttons, or other
political materials can be handed out or displayed inside the polling
place. 17 V.S.A.§2508. However, any voter can bring a small
brochure, card, or paper into the voting booth with him or her to
assist the voter in casting his votes. The voter must remove the
literature and take it out of the polling place when he or she has
finished voting. We strongly suggest that presiding officers arrange
to have either an election official or volunteer check the voting
booths frequently to make sure that no literature has been left in the
booths.
10. Registered voters in Vermont shall not lose
residence for voting purposes solely by living outside of the United
States. Until the voter returns to reside in the United States,
the voter can remain on the checklist and vote by absentee ballot in
the town in which the voter last resided, regardless of his or her
reason for living outside of the United States.
11. However, once a person moves back to the United
States, the person must register to vote in the jurisdiction of his or
her current residence. For example, if a member of the armed
forces has been in Germany for 20 years and then retires and moves
back to the United States, that person must register to vote in the
place in which he or she now resides. If you send a challenge letter
as part of your purging process and the person returns your form
giving another town or state as his or her residence, you can remove
that person from your checklist.
12. A citizen who wishes to be added to the
checklist cannot refuse to take the voter’s oath. When the Vermont
Supreme Court struck down Vermont’s durational residency requirement
as unconstitutional, the court found that the constitutional
requirement to take the voter’s oath was fine. A voter only need to
take the oath once, but each citizen must take it before being added
to the checklist for the first time in Vermont. (If you move to
another town in Vermont, you do not need to take the oath again.) The
law was changed effective July 1, 2008, so now a voter or any person
over 18 can complete and sign the form to attest that the new voter
has sworn or affirmed the oath. The form must be received by your town
clerk before the new voter can receive an absentee ballot or vote in
person for the first time in Vermont.
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1. No bidding required for town projects.
Vermont law does not require the selectboard to go through a public
bidding process when they are making contracts or purchases for the
town. However, the board has a fiduciary obligation to the people of
the town that requires them to use the public’s resources wisely.
2. School districts must bid contracts over
$15,000. Law requires public advertisement of all contracts over
$15,000 or an invitation to bid to three or more vendors or suppliers.
16 V.S.A. § 559. (If the board receives fewer than three bids the
commissioner of education can grant an exception to this rule.) For
school construction contracts over $500,000, the board must follow
rules established by the state board of education, and receive
suggestions and recommendations on bidders from the state department
of Buildings and General Services. 16 V.S.A. § 559.
3. Board members may not act on their own.
Officials who are elected or appointed to serve on a local board have
authority to take action only as part of the board. The law provides
that "when joint authority is given to three or more, the concurrence
of a majority of such number shall be sufficient and shall be required
in its exercise." 1 V.S.A. § 172. This means that unless a board
authorizes an individual board member to negotiate a contract or make
a public statement about the board’s policy or position, an individual
member of the board does not have power to negotiate or speak for the
board. Goslant v. Town of Calais, 90 Vt. 114 (1916).
(Statements by selectmen acting independently did not legally obligate
the town.) St. George v. Tilley, 87 Vt. 427 (1914) (Action of
one auditor, working alone is not binding)
4. The selectboard may accept and/or purchase
property without voter approval. There is no law requiring the
selectboard to ask the voters for approval prior to accepting a
donation or making a purchase of land or buildings. Note that a
purchase of land can only be made without voter input where there is
already money in the budget to pay for the purchase (for example money
in the highway fund could be used to buy land for a salt shed.) See 10
V.S.A. § 6302 (acceptance of donated property). If the board has to
borrow money to pay for the purchase it must get voter approval in
accordance with 24 V.S.A. § 1786a.
5. The selectboard may only sell property after
notice to voters and opportunity for a town vote. When the
selectboard wishes to sell town property it has to post a notice of
the terms of the proposed sale in three public places and publish the
notice at least 30 days prior to the proposed sale. If a petition
signed by five percent of the voters objecting to the sale is received
within the 30 days then a special meeting must be called to vote on
the proposed sale. In this situation the board may only complete the
conveyance if the voters fail to disapprove of the sale. 24 V.S.A. §
1061. Exceptions to these requirements apply to sales involving town
highways, public water, sewer or electric systems, or real estate used
for housing or urban renewal projects.
6. Only the selectboard (or town manager) can enter
into contracts that bind the town. Insofar as the law gives the
selectboard general oversight of town affairs it is the board that has
authority to enter into binding contracts for the town. There are also
a number of specific statutory provisions that make it clear that it
is the selectboard’s role to contract for the town. The board can
delegate this function to the town manager or to other employees in
particular situations; however a contract entered into by an official
or employee of the town who is not authorized to do so will be void.
Lakeside Equipment Corp. v. Town of Chester 172 Vt. 527 (2000);
Courchesne v. Town of Weathersfield, 174 VT 453 (2003). 24 VSA § 872,
934, 1092, 1236, 2692.
7. Not every local official must get paid.
While some officers, like clerk, treasurer and tax collector have fees
set out by statute, Vermont law states that unless compensation is
fixed by law or by vote of the town or town school district, local
officials cannot demand payment for their services to the town.
However, the law provides that if an official makes a request for
payment the auditors must report the claim as well as the nature and
extent of the services at town meeting. 24 V.S.A. § 931.
8. The zoning administrator should not serve on the
planning commission. The law specifically provides that the zoning
administrator "may hold any other office in the municipality other
than membership in the board of adjustment or development review
board." 24 V.S.A. § 4448. However, because the planning commission
nominates the zoning administrator and helps evaluate his or her
performance, and because the zoning administrator generally provides
staffing assistance to the planning commission, we believe it is best
practice for the zoning administrator not to also serve as a member of
the planning commission.
9. Selectboard may adopt an attendance policy for
the planning commission, zoning board of adjustment (ZBA) and
development review board (DRB). In some towns regular attendance
by board members can be a problem. There is no reason why the
selectboard cannot adopt a policy of removing appointed commissioners
and board members for failure to attend a set number of meetings in a
given time period. The law permits the board to remove planning
commissioners without cause, so long as it is a unanimous decision.
And the board may remove DRB and ZBA members for cause. The policy can
establish non-attendance as cause for removal. 24 V.S.A. §§ 4323;
4460.
10. Board should adopt a policy that outlines rules
for using public buildings. It is a best practice for each
legislative body, selectboard, school board, or other public body that
owns buildings, to adopt a policy outlining its requirements for use
of town or school property by other groups. It is
constitutionally permissible for a board to prohibit any and all use
by outside groups. However, it is not good policy, and may cause
discrimination claims, to allow use of the buildings by certain
categories or types of groups and not other groups, unless there is a
real difference in the type of use being requested. For example, it is
reasonable and acceptable to limit use of certain rooms or spaces to
groups of less than 30, or to meetings ending not later than 9 p.m.
However, it may be discriminatory to allow the boy scouts to meet in a
room, but to turn down a political caucus or a religious organization.
11. Appeal from lister’s determination of tax
exemption goes to Superior Court not BCA. The initial decision
about whether a property qualifies for tax exemption is made by the
listers. The statutes do not set out an appeal process, and do not
expressly authorize the BCA to hear appeals of this issue. 32 V.S.A.
Chapter 125. Although it is logical that an appeal of a determination
of exemption could go to the BCA, the law does not give the BCA
authority to decide tax exempt status. Rather, the statutes authorize
the BCA to address issues of value and equalization. Whenever the law
does not articulate an administrative appeal, the rules of civil
procedure provide for an appeal to Superior Court. And, indeed, there
are many cases decided by the Superior Court (and Supreme Court)
involving whether a particular exemption is appropriate.
12. Building rented by church for recreational
program is not exempt from property tax. The law permits property
owned or "kept" by a church to be exempt from local property taxes if
it is used for specific purpose listed in the law. Even if rental
property can be considered property "kept" by the church, the
recreational center would not be exempt because the law does not
exempt property held by a church for recreational uses. 32 V.S.A. §
3832(2) It is an open question whether it may be possible to exempt
the property from taxation through town vote. That is because although
property used for recreational purposes may be exempt by vote of the
town, the use of property is generally determined by looking at the
owner – not the occupant. In this case the owner is using the property
as rental property, which is not exempt. 32 V.S.A. § 3832(7)
13. Selectboard may borrow for highway equipment
without vote. The municipal financing law was amended as of July
1, 2001, so that a selectboard can now approve borrowing for purchases
of highway equipment without going back to the voters for approval. 24
V.S.A. §1786(a). This is a very limited delegation of powers and can
only be used for equipment to maintain or construct highways or
bridges within the town.
14. Unused highway funds may be carried into the
next fiscal year, but they may only be used for highway purposes.
19 V.S.A. § 312 provides that "the funds raised from town highway
taxes shall not be used for any purpose other than that for which the
tax was voted, subject to the provisions of this chapter. If in any
year money so voted is not expended, it shall be applied for the same
purpose the following year." Accordingly, unlike other town funds
which may not be carried forward from year to year, a town with excess
highway funds may spend them in the next year without additional voter
approval.
15. Selectboard can decide to pave a road without town vote. It
is the responsibility of the selectboard to construct and maintain the
roads of the town. Although there is a public process involved when a
board wishes to change the classification of a town highway, no public
process is required (beyond a decision made during a public meeting of
the board) when the board decides that a particular road should be
paved. 19 V.S.A. § 304.
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Civics Behind the Scenes
by Olivia Gay, Civics Education & Vote
Outreach Coordinator |
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Honor A Vet With Your Vote Program Salutes the Vermont National
Guard
In 2009, when Vermont National Guard troops were
first deployed to Afghanistan, the Boston Globe noted, "For the…Guard,
nicknamed the Green Mountain Boys, it is the biggest deployment since
World War II." Such a commitment from family members, friends and
neighbors deserves our recognition and respect. Secretary Deb
Markowitz says, "During this time in our nation’s history where our
service men and women are making such strong sacrifices, it’s
important that we remember our veterans when we go to the polls on
election day. The Honor A Vet With Your Vote program is one way
to do just that."
The Honor A Vet With Your Vote program
provides personalized buttons to voters who wish to cast their vote in
honor of a particular veteran. Buttons are being distributed
through organizations such as the VFW and we are mailing buttons to
all Vermont town clerks' offices for distribution at the polls.
You may order buttons by contacting Olivia Gay at
olivia.gay@sec.state.vt.us.
Secretary Markowitz adds, "This is an opportunity
for Vermonters to recognize those who have proudly served this country
and worked to keep our democracy strong so that we have the right to
vote! Thank you for your help in honoring our nation’s
veterans."
It is easy to participate and free! For more information about this
program contact Olivia Gay at 802-828-1296 or visit the Secretary of
State’s website at
www.govotevermont.com.
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College Voters - A Guide to Voting in Vermont
The Secretary of State's Office has created an online publication
especially for college voters, "College Voters - A Guide to Voting in
Vermont." To view or print the guide, visit
http://www.sec.state.vt.us/collegevoters.html.
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The Secretary of State's Office has a variety of
stickers available to town clerks for use during the election season.
To order call Olivia Gay at 802-828-1296 or email at olivia.gay@sec.state.vt.us

For more information about the Secretary of State’s Office’s Civics
Programs or to order materials
visit
www.sec.state.vt.us
or contact Olivia Gay at 802-828-1296
or email
olivia.gay@sec.state.vt.us
Table of Contents | Past Issues
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Election Calendar |
OCTOBER 2010October 3 (Sunday) Last day to post the warning and notice for
the general election (30 days before the election). 17 V.S.A. §
2521(a) The checklist must also be posted in two or more public places
in the town in addition to being posted at the town clerk’s office in
towns with over 5,000 population. In towns with less than 5,000
population, the checklist must only be posted one place in addition to
the clerk’s office. 17 V.S.A. §§ 2141, 2521(a) In towns that divide
their checklist, that portion of the checklist that applies to the
district should be posted.
October 13 (Wednesday) Last day for town clerks to post sample
ballots (for the general election) in the same places that have
previously posted copies of the warning, notice, and checklist. (20
days prior to the election.) 17 V.S.A. §2522(a)
October 15 (Friday) Last day for U.S. Congressional candidates
to file FEC quarterly reports for the October quarter (Aug. 5-Sept.
30). 2 U.S.C. § 434(a)(2)
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. §
2811(a)(1)
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)
October 21 (Thursday) Last day for U.S. Congressional
candidates to file FEC 12-day pre-general election reports (Oct.
1-Oct. 19). 2 U.S.C. § 434(a)(2)
October 25 (Monday) Candidates for county office (probate
judge, assistant judge, state’s attorney, sheriff, high bailiff and
justice of the peace) who have raised or expended $500 or more must
file a ten-day pre-general campaign finance report with the county
clerk. 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. §§ 2821(a)(2) and 2103(13) Copies of these reports must be
forwarded by the county clerk to the secretary of state within five
days of receipt. 17 V.S.A. § 2821(c)
During the 8 days preceding the election and on election day, the
clerk shall divide the list of ill and physically disabled voters into
as many equal parts as there are pairs of designated justices, and
deliver those lists to the justices, together with early or absentee
ballots and envelopes. 17 V.S.A. § 2538(b)
October 27 (Wednesday) Last day, until 5:00 p.m., to apply for
addition to the checklist in order to vote in the general election.
Clerks’ offices must be kept open from 3:00 p.m. to 5:00 p.m. to
receive applications. 17 V.S.A. § 2144(a)
Last day, until 5:00 p.m., for people who are not eligible to
register by this date but who will be by election day to file a
written notice of intent to apply with the town clerk. 17 V.S.A. §
2144(b) and (c)
Last day for town clerks to receive a request for an application
for addition to the checklist accompanying an early or absentee ballot
request. 17 V.S.A. § 2532(b) and (c)
October 28 (Thursday) Last day for Town Clerk to forward to the
Board of Civil Authority a list of voters added to the checklist (at
least five days before election). 17 V.S.A. § 2144b(d)
October 30 (Saturday) Last day for the board of civil authority
to designate pairs of justices of the peace, assuring political
balance in each pair, to deliver early or absentee ballots to ill and
physically disabled voters (not later than three days before the
election). 17 V.S.A. § 2538(a)
NOVEMBER 2010
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
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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Tip of the Month |
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Town officials may want to check out
the Vermont Planning Information Center's (VPIC) website. VPIC is a
clearinghouse of information for planning commissions, zoning boards,
development review boards, and their staff and all others involved in
land use planning and regulation in Vermont. The site contains links
to publications, grant opportunities, training schedules, and an email
list serve.
http://www.vpic.info/index.cfm
If you have a tip to share, contact Alison Kaiser
at akaiser@townofstowevermont.org
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Upcoming Events |
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To get more information or to register for any of these workshops,
visit www.vlct.org, call
800-649-7915 or send an email to
info@vlct.org.
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.
October 27, Three Stallion Inn, Randolph
November 4, Carter Center, NVDA, Lyndonville
November 9, Mt. Snow, Dover
November 10, Doubletree Hotel, South Burlington
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Planning and Zoning Forum (Sponsored by the VLCT Municipal
Assistance Center) Planning officials from around the state will
gather to discuss important topics in planning and zoning regulation
such as On the Record review, writing defensible land use decisions,
understanding homeowners’ associations, the intersection of municipal
regulation and agricultural uses, and new legislation that affects
local land use permitting.
October 28, Capitol Plaza, Montpelier
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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
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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
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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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Sweat plus sacrifice equals success.
Charles 0. Finley
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