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Volume 2 Number 8
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Redstone Building
26 Terrace Street, Drawer 09
Montpelier, VT  05609-1101
1-802-828-2363

Message from the Secretary

Table of Contents

Secretary of State - Deborah L. Markowitz

It takes a number of talented, hardworking and committed people to make the Secretary of State's office work to serve the people of Vermont. I would like to take this opportunity to single out one important member of my staff for some much deserved recognition.

Thuy Nguyen serves as my executive assistant. Thuy is that friendly voice you hear when you call our office. Her understanding of state government ensures you get your questions answered without a run-around. But, Thuy's contributions to this office go well beyond her daily tasks. It is her commitment to making this office the best it can be, and her concern for the wellbeing of the people we serve and the people who work in the Secretary of State's office that makes Thuy's contributions especially valuable.

Message from the Secretary

"Voice from the Past"
by Paul Gillies


Opinions of Opinions

Message from the State Treasurer

A Farewell from Thuy

August Calendar

Vermont Public Service Awards
Windsor County Honorees

Opinions Newsletter Home Page


Thuy designed the Vermont Public Service Awards program with thorough attention to detail. She took special care to ensure that the events would truly honor those receiving recognition for their long service to their towns. From collecting the names of the nominees, to printing the certificates of recognition, to catering the event, Thuy did it all.

Thuy designs and edits the Opinions newsletter and she has produced many of our other municipal publications. Thuy is also the person who was responsible for designing our new web page - a web page that has received national recognition for the amount of information that is available on the site and the ease in which the information can be found. The Kids Page she developed has also received high praise.

Thuy is a rare person. She is a tireless worker, incredibly well organized, intelligent, and cheerful even when faced with unreasonably disgruntled members of the public. She has been a real pleasure to work with over the years. Although Thuy will be leaving Vermont, her contributions to this office and the State will endure.


Deborah L. Markowitz - Signature
Deborah L. Markowitz
Secretary of State

 

Secretary of State's Home Page            top of page

A Voice from the Past
by Paul Gillies

TAKE A DEEP BREATH

The municipal year is filled with deadlines, and every month has its moments. Many towns have a tax due date in August, and most do their tax appeals this month, but there is no other time of the year that is more suitable than August for taking a little time out of the routine to think about the larger picture.

That larger picture is worth seeing now and again. Take your head out of that book, look away from the computer screen, don't talk for a few minutes. In the silence, try to think in ideas rather than words. Try to rise above personality and crisis, and work on what this business of local government really means.

It is, of course, not really a business at all. It does not seek to turn a profit (and profit is roundly and routinely punished, if a surplus arises); it is not organized for the benefit of any particular person or group of persons; it is service-oriented, but not everyone who receives the "service" fully appreciates it (like a parking ticket or a tax bill).

While there is a world of difference between the town office in a small town and another in a large town, in terms of space, equipment, and personnel, the same functions are performed in every office. All day long, the public comes in, asks for something, gets it or doesn't get it, and leaves. Bleary-eyed researchers everywhere pour over records, politely apologizing to each other as they stumble from the vault to a table and back again carrying those large books. No town has any reason to conclude that its meetings are worse or its burdens are greater than any other.

In a way, life in a town office is timeless. The same activities - recording of deeds, holding of meetings, collecting taxes - have been occurring there since the town was first established. Except for the human element and technology, this could be 1869 or 1796, considering what happens here.

People who have served in town government for a long time have that longer, more timeless view. They don't get excited by the crisis du jour, because they've seen so many of them over time they know that all crises are larger when they first emerge than they are when finally confronted, and that no damage to a town is irreparable. They know some people are just going to be trouble, but it doesn't get them down. Some people are like that, and to hope they move away is not realistic.

The ability to put something in a box and keep it shut up in there until it cools down is the essential attribute of this mature, sensible attitude toward the necessary work of the town. Nothing is that important to justify getting upset. A long term town clerk said as much recently when she wondered aloud just what the State could mandate that would cause her to resign over it, and she couldn't come up with anything.

Sometimes you have to do things you'd rather not do in this life (and especially in public office), but aside from resigning there isn't a lot of room for negotiation or argument; you do it because you're supposed to do it. Your peace of mind, your productivity, and the town's integrity depend on your doing the right thing without objection (although a little grousing is allowed). No one person is, after all, the equivalent of the legislature or the judiciary; it's a system, and when something is made law, it needs to be respected, even if you might not have approved it if you were a legislator or a judge.

This isn't to say that there's no room for individuality or personality in the conduct of any public office. In many respects, we're all just characters in some endless sitcom about municipal life, and we're free to be as funny, crabby, kind-hearted, or passionate as we want to be, while performing the basic functions. That's the beauty of living here-the freedom to remain non-standardized.

So let your nonconformity come out in your personality but not your work. Let your work remain at the office when you go home at night, if you can, and don't let anyone get you upset because of what they've said, because talk is cheap. Complain all you like about what you have to do, but don't avoid your duty when comes time to get down to it. Now get back to work.


"Voice from the Past"  by Paul Gillies
Opinions       Volume 2  Number 8     August 2000

 top of this section         August Opinions "Table of Contents"     Secretary of State's Home Page

Opinions of Opinions

  1. Citizens May Petition For Creation Of Conservation Commission. In one town, a group of citizens want to create a conservation commission but the selectboard are not receptive to the idea. According to 24 V.S.A. § 4501 a conservation commission may be created at any time "when a municipality votes to create one, or, if the charter of a municipality permits it, when the legislative body of the municipality votes to create one." This means that if the citizens bring in a petition signed by 5% of the voters, a special meeting must be warned so that the voters may decide whether to establish a conservation commission in the town.

  2. Conservation Commission Oversees Town's Natural Resources. The conservation commission role is to make an inventory and monitor all of the town's natural resources (including scenic and recreational resources) and the town's lands that have special historical, educational, or architectural value. The conservation commission is allowed to accept gifts of money, grants and properties, but can only use these gifts for the purpose of the commission. And lastly, the conservation commission can collect and publish materials to educate the public about the local natural resources. 24 V.S.A. § 4505.

  3. Conservation Commission May Not Force Planning Commission To Change Plan. In one town the conservation commission disagrees with parts of the proposed town plan. The conservation commission may speak out about the plan, but it has no authority to force the planning commission to make changes to the plan. Neither does the conservation commission have authority to adopt ordinances. Rather, it only acts in an advisory capacity to the legislative body and other town boards (planning commission, road committee and district environmental commission) on matters affecting the natural resources of the town.

  4. Town Has Right To Remove Trees And Shrubs From Highway Right Of Way. Vermont law gives the selectboard the authority to cut and burn, or remove from the limits of the highway, trees and bushes which obstruct the view of the highway ahead or that cause damage to the highway or that are objectionable from a material or scenic standpoint. The board is given discretion to decide whether to remove particular trees or shrubs, but is directed by law to try to preserve shade and fruit trees that have been set out or marked by the abutting landowners so long as the usefulness or safety of the highway is not impaired. 19 V.S.A. § 904.

  5. Before A Shade Tree Can Be Removed From The Right Of Way There Must Be A Public Hearing. The town wants to widen the road, and to do so, must remove a mature black locust tree that is in the right-of-way in a residential area. The abutting landowner objects. By law, the tree warden may remove the tree, but only after holding a hearing to determine the necessity of the removal. The tree warden's decision may be appealed to the selectboard. Skinner v. Buchanan, 101 Vt. 159 (1928).24 V.S.A. § 2508. Note that no hearing is necessary when there is a disease or infestation or a hazard to public safety in the tree. 24 V.S.A. § 2509.
     
  6. Wood From Felled Tree Belongs To The Town. A maple tree is removed from the highway right of way as part of a road maintenance project. The adjoining landowner insists that the wood belongs to him. It is clear that if the town owns the highway in fee (not just a right of way), then the wood belongs to the town. Where the town has a right-of-way, the parties should check the right of way to make sure that the landowner did not reserve a right to the lumber. Otherwise, the town may decide whether to give the adjoining landowner the lumber, or sell it or use it for town purposes.

  7. Town Without Zoning Bylaws Can Adopt Flood Hazard Area Regulations. The law gives towns the authority to adopt flood hazard area regulations regardless of whether or not it has a town plan or zoning bylaws. 24 V.S.A. § 4412. Once adopted, the flood hazard area regulations will apply to all flood hazard areas in the town. (See 10 V.S.A. § 753.) However, these regulations cannot prohibit "reasonable and customary" agricultural practices on open lands. If a town does have zoning bylaws, the zoning bylaws can be affected by flood hazard area regulations. Where a flood hazard area regulation and a zoning bylaw both apply, the landowner must comply with the flood hazard area regulation in order for a zoning permit to be issued.

  8. Selectboard May Not Make Substantive Changes To Proposed Bylaws. After the planning commission sends proposed zoning bylaws to the selectboard, the law permits the board to "change" the proposed bylaw prior to holding a final public hearing to review the proposal. 24 V.S.A. § 4404(b). Although the statutory language is broad, the Vermont Supreme Court has narrowed the
    selectboard's authority to change proposed bylaws, saying that the board cannot make changes that were not contemplated by the planning commission or where there is not some basis for the change in the proposed by law. In re Cottrell, 158 Vt 500 (1992). This means that a board should not introduce entirely new language or concepts that were not contemplated by planning commission.

  9. After Public Hearing On Bylaw Amendments Have Been Warned No Permit May Be Issued Without Selectboard's Okay. Vermont law requires written approval of the legislative body prior to issuance of permits after a public hearing has been warned on proposed amendments to the zoning bylaws. The selectboard may review each application to determine whether the administrator should issue the permit in accordance with the previous bylaw, or it can choose to instruct (by motion) the zoning administrator to issue permits in accordance with the current zoning regulations until the new regulations are adopted or rejected.

  10. Town Needs To Have An Emergency Management Organization. Vermont's towns and cities are directed by law to establish a local organization for emergency management in accordance with the state emergency management plan and program. 20 V.S.A. § 6. The selectboard of each town has authority to appoint a town or city chair for emergency management. The chair is directly responsible for organizing, administering and operating the local organization for emergency management, subject to the direction and control of the executive official or legislative branch.

  11. E-mails Can Be A Public Record. E-mail messages are considered public records and can be requested under the Vermont's public records law so long as they were produced or acquired "in the course of agency business." 1 V.S.A. § 317 defines a public record to be "all papers, documents, machine readable materials or any other written or recorded matters, regardless of their physical form or characteristics, that are produced or acquired in the course of agency business." Unless the e-mail messages fall under one of the 28 exceptions of the public records law they will be deemed public records.

  12. Personal E-mail May Be Public Record. In other states public officials have argued that since the e-mail messages to friends are not work-related, they are not part of "agency business" and do not constitute public records under 1 V.S.A. § 317. While this argument sounds plausible, case law from other states show that courts have held that, although e-mail messages do not involve agency business, they are produced or acquired in an agency system during agency business hours, and are therefore public record. Our advice to public officials is to err on the safe side and avoid sending e-mail messages during work that you want to keep private.

  13. Town Clerks Are Not Required By Law To Mail Or Electronically Transmit Public Records. The town clerk must keep the clerk's office open at reasonable hours so that people can come examine and copy the public records. No law requires the clerk to mail, fax or electronically transmit a public record. 1 V.S.A. § 316. However, while it is not required by law, unless the request entails an
    extensive search of records, most town clerk's offices respond to reasonable requests to mail or fax copies of documents. The town clerk will often bill the person for the costs of the copies plus the mailing or electronic transmittal (and his or her time if it took over 20 minutes), but may choose to ask for payment in advance (especially if the individual requesting the service has failed to pay for past service.)

  14. Town Clerks Can Close For Lunch. One gentleman called to complain that whenever he went to the clerk's office in his town, it was closed. It turned out he always went during the hour the clerk closed for lunch. 24 V.S.A. § 1165 requires that "the files and records in the office of the clerk shall be available for inspection upon proper request at all reasonable hours." Although there are no legal requirements that the clerk keep any particular hours, it is fine for the clerk to close the office for lunch. It is, of course, courteous for the town clerk to make sure that the general public is aware of the office hours so they can plan accordingly.

  15. Minutes Of Meetings Must Be Available Within Five Business Days Of The Meeting. Vermont law provides that "minutes of all public meetings shall be matters of public record, shall be kept by the clerk or secretary of the public body, and shall be available for inspection by any person and for purchase of copies at cost upon request after five days from the date of any meeting." 1 V.S.A. § 312. However, what if a meeting is held on a Tuesday, does that mean that the clerk or secretary of the public body needs to make the minutes available for inspection on a Sunday? The answer is no. According to 1 V.S.A. § 316, the access to public records law, a "person may inspect or copy any public record or document of a public agency, on any day other than a Saturday, Sunday, or a legal holiday, between the hours of nine o'clock and twelve o'clock in the forenoon and between one o'clock and four o'clock in the afternoon; provided, however, if the public agency is not regularly open to the public during those hours, inspection or copying may be made during customary office hours." This means that the minutes of the meeting should be available for public inspection during the agency's customary office hours once the five day period given for preparing the minutes has passed.

  16. A Town Official Cannot Be Held Liable For Doing His Or Her Job. We regularly get calls from people who are worried about running for office because they are afraid of being sued for doing the work required by the office. This fear is generally misguided. Vermont law provides that if a person wishes to sue an official for something they did (or failed to do) as officials, the lawsuit cannot be brought against the official personally, but must be brought in the name of the town. 24 V.S.A. § 901. In addition, most municipalities have insurance that provides added protection to officials. Note that an official who intentionally or recklessly disregards the law, or who is acting outside the scope of his or her official duties will not be protected from suit. See also the discussion below on civil rights violations.

  17. A Town Official Can Be Held Liable For A Civil Rights Violation. Every citizen has civil rights that are afforded to him or her by the U.S. Constitution. A town and it officials are prohibited from depriving citizens of their constitutional rights. The U.S. Code 42, Section 1983 provides an action for damages against an official personally when the official has deprived a citizen of his or her constitutional rights. A town official may not be protected by 24 V.S.A. § 901 (discussed above) if he or she commits a civil rights violation. Sexual harassment, racial discrimination, gender bias, are a few examples of civil rights violations.

  18. Clerk May Return Document On Request Prior To Recording. In one town a clerk was asked to return a document that had been delivered for recording prior to the actual recording. The law does not prevent the clerk from using her discretion in responding to this request. If the clerk has reason to believe that the request is legitimate it is fine for the clerk to return the document to the person who sent or delivered the document to town. Complying with this request may help prevent confusion that would result from having multiple versions of the same instrument recorded (ie. a deed then a corrective deed.)

  19. No Waiting Period For Voting Residency. We regularly get asked whether there is a waiting period before a person can become a resident of Vermont. Different residency rules will apply, depending upon the issue. For example, a person can move to Vermont and, so long as the Vermont home is the person's principal residence, he or she will instantly become a resident for voting and income tax purposes. Different rules will apply for property tax assessment purposes and for in-state tuition purposes.

  20. Board May Not Discuss Town Business Prior To The Meeting. A citizen in a Vermont community arrived at a meeting early and found the board having a pre-meeting discussion of the evening's agenda topics. At the appointed time, the board began the meeting and moved through the agenda quickly because they already had a meeting of the minds on many of the issues because of the earlier discussion. Vermont's open meeting law requires Vermont's boards to only discuss town business at a meeting that is publicly announced and open to the public. This means that even informal pre-meeting discussions of town affairs should be conducted in the public meeting.

  21. Majority Decisions Of Governing Bodies. The Vermont Supreme Court has clarified the role of abstention votes in determining whether or not the majority of a board or other governing body has made a binding decision. In other words, can an abstaining vote be counted with a plurality to make the vote a decision by the majority as required under 1 V.S.A. § 172? The Court ruled that an abstention is a non-vote. Section 172 requires the "concurrence" of the majority, and that term requires "expressed consent in an overt way". Example: A board has 7 members; 6 are present, thereby ensuring a quorum. The vote is 3 ayes, 2 nays and 1 abstention. 4 ayes are required, and the abstaining vote can not be counted as an aye.

  22. Quorums In Property Tax Appeals.The rule defining a quorum for property tax appeals found on page 22 of The JP Guide 2000 is in error (it refers to the rule that applies when the board performs its election-related functions.) The correct rule is found on page 20 of the Handbook on Property Tax Appeals, May 2000, which states that a majority of the Board of Civil Authority must be present, and a majority of that number must vote in support of any decision. 24 V.S.A. § 801.

Opinions of Opinions
   Opinions       Volume 2  Number 8    August 2000

top of this section        August Opinions "Table of Contents"        Secretary of State's Home Page

MESSAGE FROM THE STATE TREASURER

August, 2000

The Municipal Equipment Loan Fund was established in 1985 by the Vermont Legislature to provide low interest loans to municipalities for the purchase of construction, fire, emergency or heavy equipment, or vehicles. The fund is administered by the state treasurer and the state traffic committee which meets every six months to consider applications.

Municipalities may apply to borrow up to 75% of the purchase price of equipment, to a limit of $90,000. The equipment must have a useful life of at least three years and a purchase price of at least $20,000. The money available for loans is limited, however, and by statute cannot exceed $1.5 million in a fiscal year. The committee has seen an increase in the number of applications and the applications considered in June of this year exceeded the money available for loans. Municipalities should be aware that if this trend continues, not every application otherwise meeting the application criteria would necessarily be approved when first considered by the committee.

The next meeting of the committee to consider loan applications will be held in November, 2000. The deadline for filing a loan application for consideration at this meeting is October 15, 2000.

The committee adopted a policy at its June 2, 2000 meeting to require a municipality to submit proof that voters approved the borrowing of money by the municipality. This is the result of conflicting legal interpretations of a law passed in 1995 pertaining to the authorization of municipalities to borrow for specific public improvements and the purchase of capital assets. If your municipality intends to apply for a loan this fall, it is not too soon to start the process to obtain voter approval of the loan.

Application forms and the committee's rules regarding the fund may be obtained by contacting Susan Smith at the Agency of Transportation at 828-2631.

Jim Douglas
State Treasurer

Message from the State Treasurer
 Opinions       
Volume 2  Number 8    August 2000

top of this section            August Opinions "Table of Contents"           Secretary of State's Home Page

Farewell Banner

It has been a pleasure working with all the local officials of Vermont. The decision to leave this beautiful state has been a difficult one. I have enjoyed working on the many projects initiated by Deb such as the Opinions newsletter and designing the Secretary of State's web pages. I have learned a great deal about local government and how important the local officials are to its success. I will miss everyone I have met and have talked to on the phone. Many thanks to you all.

I want to also take a moment to introduce my successor, Martha Trombley. She will be taking over as Deb's assistant. I know you will give her the patience, respect and warm welcome you have given me over the years.

Farewell,

Thuy Nguyen
Editor, Opinions Newsletter



Upcoming Events


Vermont Public Service Awards
Windsor County

Nominations as of July 28, 2000

BARNARD
Hazel R. Davis
John Lancaster

BETHEL
Charles M. Adams
Kent Batcheller
Thomas Brennan
Jean Burnham
Norman S. Case, Jr.
Russell Curtis
John Durfee
Geneva Gaiko
Louis Gaiko
Barbara Hungerford
George Hyde
Caroll F. Ketchum
Lee A. Richardson
Willis F. Stoddard
Marjorie Turner
John Washburn
Barbara Wood
Joann Wood
Newall A. Wood
Charles O. Young

CAVENDISH
James Ballantine, Jr.
Arthur Briggs
Ronald P. Butler
Hollis Quinn, Sr.
Craig Rankin
Rolf Van Schaik
Carol Walasewicz
Feliz Walasewicz
Mabel Ward

CHESTER
James Aspden
Kenneth D. Barrett
Gertrude J. Bennett
A. Barnard Carpenter
J. Richard Huyler
Cecil H. Waldo
LUDLOW
Richard J. Harrison
Richard F. Strong

NORWICH
Leonard H. Cook
Nancy Dean
Morgan E. Goodrich
John E. Lawe

POMFRET
Elaine L. Chase
Vernon Clifford
Fred S. Doten, Sr.
Hazel B. Harrington
Robert Harrington
James M. Havill
Hugh Herman
Raymond A. Jillson
David E. Luce
Thomas S. Massoth
Robert S. Moore
Gwendolyn Payne
Frank E. Perron, Jr.
Raymond Potter
Leon J. Stetson
Elbridge P. Webster

READING
Laura Alexander
Harold Allen
Robert Allen
Don Reynolds
Howard Sanderson, Jr.

ROCHESTER
Homer Brown
Pierce Donnet
Francis Guilmette
Donald Harvey
Marvin C. Harvey
Richard S. Harvey
Stanley A. Hubbard
Ethel Kingsbury
G. Dean Martin
ROCHESTER cont.
Mary Ann Martin
Mary O'Davis
Stanley Parrish
Norman Pratt
Thomas A. Simpson
George Smead
Norman R. Smith
Joseph T. Steventon
Alison Stoddard

ROYALTON
David Ainsworth
John Damville
George Dodge
Stephen Eddy
Richard Ellis
Gladys Ferris
Dr. Ronald Gadway
Howard Greenlee
Walter Hastings
Nancy Hebard
Frank Lamson
Charles Leighton

SHARON
Jean G. Brockway
Kenneth S. Chase
Maurice Day
Martha Fisk
Calvin K. Kelyer
Kenneth S. Lyman
Wilfred Moore
Galen E. Mudgett, Sr.
Roland E. Potter
Alice E. Smith

SPRINGFIELD
Caroline G. Aiken
John E. Follett
Merton J. Graham
Ernest C. Lamphere
Clinton G. Martin, Jr.
Bonnie Reynolds
Jean M. Willard
STOCKBRIDGE
G. Harvey Blackmer
Ramona Blackmer
David Brown
Kent Butterfield
Glenn Eldredge
Theodore Green, Jr.
Richard Lunna
Homer Perkins
Olive Pratt
Ray Seymour
Donald Tyler
Robyn Wright

WEST WINDSOR
Ronald Clay
Noel Despart
Robert Farnsworth
Rodney Hastings
Ralph Johnson
Pauline Ouelette
Lester Sykes

WESTON
Bradford Ameden
Lois M. Benson
Albert DeCell
Marvin DeCell
Glenn Foster
Donald W. Hart
Norman J. Hart
Samuel Lloyd
Robert Rice
Bonita Rounds
Leona L. Simonds
William Simonds
Kenneth C. Walker

WOODSTOCK
Frederick Doubleday
Bruce Gould



August Banner

Thursday, August 3, 2000
(At least 40 days before election) Last day for town clerks to request additional ballots for the primary election from the Secretary of State (802-828-2363). 17:2478(d).

Last day for Board of Civil Authority to designate polling places and, if necessary, divide the checklist according to geographic boundaries. 17:2501.

Tuesday, August 8, 2000
Town clerks will receive primary ballots by this date. Clerks should store the ballots, except those used for sample or absentee ballots, in a secure location, until the date of the primary election. The clerks must return receipts for the ballots to the Secretary of State as soon as possible. 17:2479.

Town clerks will receive at least five copies of the primary warning and notice for each polling place by this date. Blanks should be filled in on each warning by the town clerk, listing the polling place, address and the time polls open. 17:2521(b).

Sunday, August 13, 2000
(Not less than 30 days before the election) Last day for posting warning and notice for the primary election. 17:2521(a).

The most recent checklist of the town should also be posted at this time, wherever the warning and notice is posted. In towns that divide their checklist, that portion of the checklist that applies to the district should be posted. 17:2141, 2501.

Tuesday, August 15, 2000
Last day to transmit abstract and a photocopy of the grand list to the Director of Property Valuation and Review. 32:4185(a).

Wednesday, August 16, 2000
BENNINGTON BATTLE DAY





Elections Workshops

The law requires the regular presiding officer of each town or an assistant designated by the Board of Civil Authority to attend at least one workshop every two years (17 V.S.A. § 2457). There are only five workshops remaining to choose from to fulfill this requirement. MARK YOUR CALENDAR NOW! August 2000 Five Elections Workshops for Town Clerks Board of Civil Authority members, and other election officials. Paul Gillies joins Kathy DeWolfe for these workshops.
For more information, please contact Melanie Jacobs at 802-828-0175.



TUESDAY, AUGUST 8
1 P.M. to 3 P.M.
Rutland Town Offices
Rutland Town, Vermont
and
7 P.M. to 9 P.M.
Springfield Town Offices
Springfield, Vermont

THURSDAY, AUGUST 10
7 P.M. to 9 P.M.
Location to be announced.
St. Johnsbury, Vermont
TUESDAY, AUGUST 22
1 P.M. to 3 P.M.
Location to be announced.
St. Albans, Vermont

TUESDAY, AUGUST 22
7 P.M. to 9 P.M.
Williston Town Offices
Williston, Vermont


 

Saturday, September 2, 2000
(Second Saturday before the election) Town clerk's office must be open from 10:00 a.m. or earlier until at least 12:00 noon for the purpose of receiving applications for addition to the checklist. 17:2144(a).

Last day (up to 12:00 noon) 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. 17:2144(b)(c).

This is also the last day for town clerks to receive a request for an application for addition to
the checklist simultaneously with a request for absentee ballot. 17:2532(b)(c).

First day (after 12:00 noon) for Board of Civil Authority to revise checklist resulting from
application deadline for primary election. 17:2142.

Last day for town clerk to post sample ballots and official voter information cards in the same places they have previously posted copies of the warning, notice and checklist. 17:2522(a).

Monday, September 4, 2000
 Labor Day. 1:371.

(Any of the eight days before or day of election) Town clerk must give each pair of Justices the exact number of absentee ballots, envelopes, and list of absentee voters to be visited. 17:2538(b)(c).

Tuesday, September 5, 2000
(On or before the first Tuesday in September) Upon the call of the town committee, party members in town may meet in caucus and nominate candidates for Justice of the Peace. 17:2413.

Wednesday, September 6, 2000
(At least six days before the primary election) Towns using voting machines shall hold a public meeting for candidates and interested persons to inspect the machines. Notice of the meeting shall be placed in at least two public places and the town clerk's office. 17:2498(b).

Saturday, September 9, 2000
(At least three days before the primary election) By this date Board of Civil Authority must designate pairs of Justices assuring political balance in each pair to deliver ballots to ill and disabled voters in towns using Australian Ballot. 17:2538(a).



August's Calendar
  Opinions       
Volume 2 Number 8    August 2000
 

 top of this section      August Opinions "Table of Contents"        Secretary of State's Home Page



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