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VERMONT SECRETARY OF STATE - Jim Condos | |||||||
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| State of Vermont Office of the Secretary of State http://www.sec.state.vt.us Volume 3 Number 2 |
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Redstone Building |
I am pleased to announce the
2001 Vermont Secretary of State's Essay and Poster Contest.
This is a joint project of the Secretary of State's office and
Kids Voting Vermont. I am hopeful students will take part in this
contest that promotes the history of Vermont, the Vermont
Constitution and the importance of voting. Please encourage your
school to get involved!
This contest allows for
participation by students at various grade levels. Those in grade
school may participate in two poster contests- |
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Official Vermont Symbols and Vermont History. Students in grades 6 to 8 and high school levels are encouraged to participate in the essay contests. We ask that students in grades 6 to 8 write on the topic of the Vermont Constitution and High School Students write on the topic of the importance of voting to democracy. All entries are due April 13th. As with any contest there will be prizes for students within each category. This contest is open to all schools across Vermont. A distinguished panel of judges will review the entries and establish a winner in each category. Each winner will receive a savings bond in the amount of $100, and that student and his or her class will be my guest for a day in Montpelier to tour the State House, visit the Historical Society Museum and have a rare viewing of the Vermont Constitution which is kept in the Vermont Archives at the Secretary of State's Office. This is a particular honor, since the Vermont Constitution is only removed from its special vault in our Archives on very few occasions. I ask you to encourage your schools to participate in this contest. It is a great way to help our children develop an understanding and appreciation of Vermont's special history. For more information contact Martha Trombley at 828-2148 or email mtrombley@sec.state.vt.us, or check our web site to download the contest rules and registration form at www.sec.state.vt.us.
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THE NEED FOR STANDARDS
The hardest part of making decisions is explaining the reasons for those choices. Why did you buy that car? Why did you decide on this brand of ketchup or that type of cheese? The reason might be entirely whimsical or accidental, and in most instances we don't really have to explain our decision to anybody.
Local officials have it tougher, because their decisions often involve disappointing people who want something from government. We decided to deny you a variance. We decided to increase the value of your house. We decided to reclassify your road. And in these instances, we have to give you an explanation. We can't just announce what we've decided. We have to say why.
Last year, in two important decisions, the Vermont Supreme Court weighed in on this subject. Every local official ought to pay very close attention to what the court said. The lesson is, simply, that giving reasons-;even good reasons--isn't enough. You have to use legal standards to exercise your judgment, or your decision won't be respected.
In one town the zoning bylaws said you could change the use of your land from one nonconforming use to another, if the zoning board said it was okay. The board said no, for several reasons which it put in its written decision, but when the case reached the high court the justices threw out their decision. The reason was a bad bylaw, which failed to give any standards for the board's decision.
A statute allows selectboards the discretion to exempt applicants for zoning permits from the restrictions of a pending bylaw amendment. When a disappointed applicant challenged such a decision, the court repeated the lesson. Without some standard, the decision of the selectboard could not be treated as valid.
The first of these cases is In re Miserocchi. The second is Handy/Jolley Associates v. Town of Shelburne. They cannot be ignored. The rule that each case shares is something that may have an impact on many other decisions town officials make throughout the year.
It's important to focus on the difference between the good reasons we have for making decisions and the standards that give those reasons a basis in law. We all know we can't make decisions based on the identity, reputation or our previous experience with the applicant or opponent. We know we can't decide cases in which we have a conflict or some other disability that would prevent us from rendering a fair and impartial decision, such as strong feelings or a business advantage.
We have also learned that in explaining our decisions we need to be articulate. We explain what we decided and how we came to that decision, after reviewing the evidence the parties supplied us as facts.
But even if the board is completely impartial and completely bound by the evidence it heard at the hearing, the decision can still be invalid, if there isn't some legislative basis for the decision.
Why, many must wonder, isn't a fair and reasoned decision enough? Town officials get their authority to act, not from a vote of the people or from the oath they must take, but from the law. The law is made by the legislature, with whom the constitution vests the supreme lawmaking power. When the legislature wrote 24 V.S.A. § 4443(d), it failed to give selectboards any direction on how to make an exemption decision. It just said, if the selectboard agrees, you can go ahead and build.
That clearly wasn't enough. A decision without standards is just raw discretion, and a violation of due process. It could be the best decision you could make. It could be Solomonic in its wisdom, but it won't be respected.
Compare that decision with a zoning board reviewing a conditional use application. There are at least four standards in law, beginning with the capacity of existing or planning community facilities. Those are targets, guidelines, something you can measure the request against, rather than just turning to your judgment alone, and they are standards the parties can use to prepare for the hearing.
Somebody ought to go through your bylaws (and all the statutes affecting local government for that matter) and identify the decisions you might be making without authority. Most bylaws, for instance, include no standards for a change of use. Many state statutes give selectboards discretion, but provide no legal standards.
Discomforted? You should be, but you might at least use this simple test. When somebody asks the board to do something or deny something, demand to see a copy of the law that gives you this authority. Take some time to read it over and see what it says. If it gives you power to decide something, you're half-way home. But unless it gives you some standards-some direction on how to exercise your discretion-you may be wasting everybody's time.
"A Voice from the Past" by Paul Gillies
Opinions Volume 3 Number 2 February 2001
top of this section February Opinions "Table of Contents" SOS HOME
1. School Board May Accept and Expend Grants or Gifts. Opinion # 6 in January 2001 Opinions improperly stated that "The school or selectboard cannot spend grants, gifts or interest on investments without specific voter approval." While this is true as applied to selectboard authority to spend grants and gifts 16 V.S.A. § 563 (22), adopted in 1995, gives school boards authority to accept and spend grants or gifts without specific voter approval. The law also requires the board to include, in its annual report, a description of all grants or gifts accepted during the year and associated expenditures. No similar law applies to town selectboards.
2.Most School Contracts in Excess of $10,000 Require Public Bid. According to 16 V.S.A. § 559(a) "When the cost of any school building, improvement, supply, equipment, maintenance, repair or transportation service of any sort exceeds the sum of $10,000.00, a school board or supervisory union board shall publicly advertise or invite three or more bids from persons deemed capable of providing the items or service to be purchased. Section 559 sets out more elaborate requirements when a school construction contract exceeds $500,000.00. In contrast, while public bidding may be a best practice, towns are not required by statute to use the public bid process.
3. Town Report Should Include Civil Unions In the Same Manner it Reports Marriages. We have received many calls from town clerks that want to know how to report civil unions in their town reports. Towns address their vital statistics in a number of different ways. If the town lists the numbers of marriages the town can choose to list the combined number of Marriage/Civil Unions, or may choose to list them separately. If the town names the people who were married in the town, it should also name the people who obtained civil unions in the town. If a town has the policy of not listing couples by name who request not to be included in the town report, this courtesy must be applied equally to civil unions and marriages.
4. Auditors May Limit Information Submitted By Supervisory Union. In one town the supervisory union asked the auditors to include a lengthy document in the town report outlining the policy reasons for a proposed action the board wished to take. The Auditors were reluctant to include this information because of its length and because it seemed outside the proper scope of the town report. The auditors have the right to reject this information. According to 16 VSA § 261a(10)The board of each supervisory union shall "submit to the town auditors of each member school district, on or before January 15 of each year, a summary report of financial operations of the supervisory union for the preceding school year, an estimate of its financial operations for the current school year, and a preliminary budget for the supervisory union for the ensuing school year." To the extent that the proposed information went beyond the required submission the auditors may exercise their discretion and reject the material.
5. The Clerk/Treasurer May Serve As Delinquent Tax Collector. It is not an incompatible office for the clerk/treasurer to also serve as delinquent tax collector. Unless the town has a charter that permits the selectboard to appoint the collector, or unless there is a vacancy in the office (which is filled by the selectboard), the clerk must be elected to this additional post in order to serve.
6. Delinquent Tax Collector Is Paid Fees Unless the Town Votes Otherwise, or By Agreement with the Selectboard. A municipality, through the selectboard, may make such agreement with the collector of taxes or collector of delinquent taxes in respect to fees and commissions as is judged advantageous to the municipality. However, the village or town may vote to pay a salary or other compensation for collecting taxes in lieu of fees and commissions. Once this vote is passed, the collector may collect the fees but must turn them into the municipal treasurer at least once a month. 24 V.S.A. § 1530.
7. Selectboard May Wait For Town Meeting to Fill Vacancy. Vermont law requires that when a vacancy occurs in a town office the selectboard must post notice within ten days, and then fill the vacancy "forthwith" by appointment until an election is held. It is not unreasonable for the selectboard to defer appointing to fill the vacancy in anticipation of an upcoming annual or special town meeting if it does not prevent town business from being performed. 24 V.S.A. §§ 962, 963
8. Selectboard Must Accept Clerk's Resignation. The law is silent about what is required for a local official to resign from office. We believe that it is best for the official to provide notice of resignation to the selectboard in writing, clearly stating when the resignation is to be effective. This practice, while not strictly necessary can help prevent misunderstandings. The selectboard’s role is limited to posting notice of the vacancy and appointing a successor to fill the vacancy until the next special or annual meeting. The board has no authority to reject a resignation.
9. Town Officers Elected at Town Meeting Take Office On Town Meeting Day. 17 V.S.A. § 2646 provides that "at the annual meeting, a town shall choose from among its legally qualified voters the following town officers, who shall serve until the next annual meeting and until successors are chosen, unless otherwise provided by law."
10. Some Officers Must Take Oaths Before Taking Office. The clerk, selectboard members, constables, listers, grand jurors and fence viewers of a town must be sworn before entering on the duties of their offices. A record of the oath must be made by the town clerk. 24 V.S.A. § 831. The clerk or any Justice of the Peace or Notary Public may issue the oath the oath should be in the following form:
Do you ____, solemnly swear or affirm that you will be true and faithful to the State of Vermont and the Town of _________, and that you will not, directly or indirectly, do any act or thing injurious to the Constitution or Government thereof. That you do solemnly swear or affirm that you will faithfully execute the office of ______ for the Town of __________, and will therein do equal right and justice to all men and women, to the best of your judgment and ability, according to law. Vt. Const. c. 2, § 56.
11. Voters Can Force Audit of Town Books By Petition. The selectboard of a town and the trustees of an incorporated village may, and upon petition in writing of legal voters equal to five percent of the legal voters of the town or village, must, insert in the warning for any annual town or village meeting, or in the warning for a special town or village meeting, an article in substantially the following form: "To see if the town or village will vote to instruct the selectmen or trustees to employ a certified public accountant or public accountant to aid the work of the auditors." 24 V.S.A. § 1690.
12. Assistant Clerk May Serve On Selectboard. Vermont law does not make the offices of clerk and selectboard incompatible. Accordingly, it is possible for the assistant clerk to serve in both positions. 17 V.S.A. § 2647. Note that because one person may not serve both as town treasurer and selectboard member, it would be inappropriate (and likely unlawful) for the assistant treasurer to serve in both roles since the assistant treasurer has the authority to perform all of the duties of the treasurer at his or her direction or in his or her absence. The purpose of this incompatibility is to create a financial check and balance by ensuring that the person who writes the warrant to spend is different than the person who is writing the check.
13. Spouse of Auditor May Not Hold Most Local Elective Offices. Not only does the law make serving as auditor an exclusive position, (an auditor may not serve as town clerk, town treasurer, selectman, first constable, collector of current or delinquent taxes, trustee of public funds, town manager, road commissioner, water commissioner, sewage system commissioner, sewage disposal commissioner or town school director) but it also prohibits the spouse of any of these officers or any person who assists any of these officers from serving as auditor. 17 V.S.A. § 2647. This means that if the wife of the constable wishes to serve as auditor she may only do so if her husband is willing to resign. The law is designed to prevent an auditor from being asked to review her husband (or his wife's) accounts.
14. Clerk Must Endorse On Survey Plat The Date It Is Received For Filing. When a deed or other written instrument is filed or left for record with the town clerk, the clerk is required to endorse on it a certificate of the date of its reception. 24 V.S.A. § 1159. This applies not only to deeds and mortgages, but also to survey plats. 27 V.S.A. § 1401 requires clerks to accept survey plats for filing and maintain files and indices to files of survey plats.
15. Plat Approval Expires After Ninety Days if the Plat Has Not Been Filed With The Clerk. 24 V.S.A. § 4416 provides that "the approval of the planning commission or the development review board, or certification by the clerk of the municipality of its failure to act within forty-five days, shall expire ninety days from such approval or certification unless, within such ninety-day period, such plat shall have been duly filed or recorded in the office of the clerk of the municipality."
16. Clerk Must Check For Board Endorsement Before Filing Plat Showing A New Street. 24 V.S.A. § 4416 provides that "no plat showing a new street or highway may be filed or recorded in the office of the clerk of the municipality until it has been approved by the planning commission or the development review board and such approval is endorsed in writing on such plat, or the certificate of the clerk of the municipality showing the failure of the planning commission or the development review board to take action within the forty-five day period is attached thereto and filed or recorded with said plat."
17. All Clerks Must Charge The Same For Copies of Land Records. One title abstractor called our office noting that, while the majority of the town clerks he visits charge $1.00 per page for copies of land records documents, there are some exceptions to that rule where some clerks charge $2.00 per deed, no matter how many pages it is. Another town clerk charges $1.00 per page for deeds of more than one page, but for a one-page deed she charges $2.00 32 V.S.A. § 1671(a)(7) sets the charge for making uncertified copies of records such as land records at $1.00/page with a $2.00 minimum charge per copy request. In addition, the clerk may charge $2.00/hr for vault time (people examining the records.)
18. Landowner Has Right To An Abatement Hearing. In one town a landowner requested an abatement of taxes, interest and penalties because he inadvertently missed the tax due date. The Clerk was reticent about scheduling an abatement hearing because his excuse was not one recognized by law as a basis for abatement. In this case it is appropriate for the clerk to call the landowner to explain that his request will not qualify for abatement under the statute. However, if the landowner persists in wanting to go before the board with his request, the clerk must schedule the meeting so that the Board can make the final determination. 24 V.S.A §§ 1533, 1536
19. Portion Of The Property Owned by and Used For Library Purposes Can Be Exempt From Taxation.In one town the local incorporated public library leases a building on its property to the local historical society. This rental property is not exempt from taxation, even though it might be exempt if owned by the historical society. 32 V.S.A § 3802 provides that "the following property shall be exempt from taxation . . . (4) . . . real and personal estate set apart for library uses and used by the public and private circulating libraries . . ." In addition, 17 V.S.A. § 3840 provides that "when a society or body of persons associated for a charitable purpose, in whole or in part, . . . owns real estate used exclusively for the purposes of such society, body or organization, such real estate may be exempted from taxation, either in whole or in part, for a period not exceeding ten years, if the town so votes." Accordingly, in order for the building which is used by the historical society to be exempt it must be owned by the society and the town must vote to exempt the property.
20. Landowners On Class Four Road Have No Continued Right To Winter Road Maintenance. In one town the landowner's class four road had been plowed in the winter for nearly 25 years. This year the selectboard changed it policy and decided not to plow. Because the road is a class four, the landowners have no right to winter maintenance of the road. Their best option is to petition the board to reclassify the road to class three. 19 V.S.A. § 708 (a) Of course, the board's decision to change their maintenance policy must have been based on the health and welfare of the community (and not for discriminatory motive.)
21. Elected Road Commissioner Has No Authority. Although the law permits the voters to decide to elect a road commissioner, the law has also taken all of the duties away from this office. The oversight, care and maintenance of town roads are left to the authority of the selectboard. This means that the selectboard may choose to delegate no duties at all to the elected road commissioner and continue to work closely with the hired road foreman. 19 V.S.A. § 303
22. Voters May Petition For Vote On Bylaws if No Action In A Year. Section 4404 (i) of Title 24 provides "If the proposed bylaw, amendment or repeal is not approved or rejected under subsections (c) or (d) within one year of the date of the final hearing of the planning commission, it shall be considered disapproved unless five percent of the voters of the municipality petition for a meeting of the municipality to consider the bylaw or amendment, and the petition is filed within 60 days of the end of that year. In that case a meeting of the municipality shall be duly warned for the purpose of acting upon the bylaw or amendment by Australian ballot." This means that if a petition is submitted to the town clerk not less than forty days before town meeting, and it is within 60 days of the end of the year following the final planning commission hearing about the proposed bylaw, the selectboard must put the article on the ballot for consideration by the voters. Note that this may only be done if the town has in place a valid town plan.
23. Other Business At Town Meeting Can Be Used To Discuss Non-Binding Resolution. The rule is that during the "other business" section of town meeting, the town can take no binding action. A voter who wishes the town to adopt a non-binding resolution may make a motion to do so during the "other business" section of the meeting. 17 V.S.A. § 2660(d)
24. Incorporate Public Libraries May Request Town To Include Library Trustees In Town Meeting Election.Public libraries come in at least two types. Sometimes the town or village runs the library; sometimes it's a private, nonprofit corporation that runs the public library. This opinion refers only to the incorporate public library. While the selectboard is not obligated to include the trustees as part of the municipal election it is customary and appropriate to do so. Many library bylaws require the library to have elected public members. Town meeting is the appropriate place to do this even if the library is not owned and operated by the municipality. When it comes to questions of whether the vote should be by Australian Ballot or floor vote, it does not matter so long as the library bylaws do not require a specific method. We suggest that selectboards allow their town to elect library trustees in the same manner that the town's local officials are elected.
25. Most Officials May Not Work At The Polls if They Are In Contested Races. Vermont election law prohibits any person from serving as an election official if her name appears on an Australian ballot as a candidate for any office unless she is the only candidate for that office or unless the office for which she is a candidate is that of moderator, justice of the peace, constable, town clerk, clerk-treasurer, ward clerk or inspector of elections. 17 V.S.A. § 2456.
26. Voters May Move To Amend The Budget Down Or Up. Every year at town meeting time, we get questions about procedure, including requests for confirmation that the law or the rules that allow amendments to stated amounts of budgets do soonly ifthe amendment proposes to lower the amount of the appropriation. That is not the case. An amendment to raise or lower any appropriation is in order if the motion has been moved and seconded and the question stated by the moderator. Robert's Rules of Order allow changing the amount of the appropriation by amending it to a higher or lower sum.
27. Constable Does Not Have To Be Present At Election. In one town the constable is to be on vacation during town meeting. The Board wondered if the constable must be present for the meeting to take place. Prior to 1978, the first constable was the presiding officer at general elections in towns. When the election laws were rewritten in 1978, however, the town clerk was designated the presiding officer, a law that is essentially the same twenty years later. 17 V.S.A. § 2452. The constable is NOT required by law to be present at any election.
28. Voters Who Amend Line Item In Budget Binds Selectboard. When the voters amend a line item in the budget adopted at town meeting this will generally bind the selectboard, limiting the board's spending to the amount approved. Some exceptions to this rule may apply, for example, with highway maintenance. Even if the town amends the budget to limit spending on road maintenance the board is required to keep all but the class four highways in good and sufficient repair in all seasons of the year - even if not enough money was appropriated for doing so.
Opinions of Opinions
Opinions Volume 3 Number 2 February 2001
top of this section February Opinions "Table of Contents" SOS HOME
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A Post-Meeting "To Do" List |
1. FINISH THE MINUTES: The Town Clerk is obliged to prepare the minutes of town meeting and have them approved by two people from among the following officers-select board member, moderator, or justices of the peace. This must be done within seven days of the meeting. 24 V.S.A. § 1152.2. GET ORGANIZED: "Forthwith," the statute announces, the select board must meet, elect a chair, a clerk (of the board), and let the town clerk know your decision. At this meeting, you will also need to appoint three fence viewers, a poundkeeper, inspectors of lumber, shingles and wood, weighers of coal, and a tree warden. 24 V.S.A. § 871. The same process should be followed by any board, including auditors, listers, the board of civil authority, the board for abatement of taxes, planning commission, and zoning board of adjustment, and any others. Take up the issue at your first meeting, elect a chair, set your regular meeting schedule and let the town clerk know about it.
3. SETTLE: Immediately after town meeting, if not before, auditors need to "settle" with former town officers. If a new delinquent tax collector has been elected, for instance, the former DTC must pay over all funds collected to date and make a complete accounting of the taxes still owed. 24 V.S.A. § 1578. All papers in the collector's hands are also to be turned over to the successor collector.
4. GET SWORN: Town clerks, select board members, constables, listers, grand jurors and fence viewers must be sworn in before taking office. 24 V.S.A. § 831. See the town clerk for forms, or look at the oath in Chapter II, Section 56 of the Vermont Constitution, in the first volume of Vermont reports.
5. GET BONDED: School directors, constables, road commissioners, collectors of taxes, treasurers, and town clerk must be bonded before taking office. 24 V.S.A. § 832. The select board sets the amount. This is usually done through your insurance company. The town or school district pays for the bonds, not the officers. 24 V.S.A. § 835.
6. TELL WHO WAS ELECTED: Newly elected town clerks must file the certificate of their election with the county clerk, signed by the moderator of the meeting, within five days of the election. File a copy of your oath of office as well. 24 V.S.A. § 1151. The clerk should also write the state treasurer to tell him the name of the new town treasurer. 24 V.S.A. § 1166. Actually, this must be done before July 1, but why not do it now and get it out of the way? Within five days of town meeting, the clerk should also send each lister's name, mailing address, and length of term to the commissioner of taxes. 24 V.S.A. § 1168. Send the name and address of the constable to the county clerk. 24 V.S.A. § 1169.
7. APPOINT ASSISTANTS: Town clerks and treasurers must have assistants. They should be appointed following the beginning of each new term, and the appointment recorded. 24 V.S.A. §§ 1170, 1573. Send the county clerk a copy of the appointment of the assistant town clerk and of the assistant's subscribed oath. 24 V.S.A. § 1172.
8. LEARN THE OPEN MEETING AND PUBLIC RECORDS LAWS: Read them. They are found back to back in the first volume of the Vermont Statutes Annotated, at 1 V.S.A. §§ 310-320. Everything is open unless you can find a reason to close it in these laws. Don't meet with a quorum of your board without public notice. That's against the law. See the Pocket Guide To The Open Meetings Law on our Website for details.
9. LEARN HOW TO ASK FOR HELP: Everybody helps everybody in Vermont. Call those who held the office before you. Call those who hold the same office but in another town. Call us. Call the League of Cities and Towns. Call state offices. There's no reason not to ask for help. Everything is complicated at first.
10. LEARN HOW TO DEAL WITH THE PUBLIC: You are a public officer. That means you are available to help, answer questions, find official paperwork, and anything else people ask of you. There are limits, of course. You don't need to be abused. But as long as the public remains civil, you should try to help.
A Post Meeting "To Do List"
Opinions Volume 3 Number 2 February 2001
top of this section February Opinions "Table of Contents" SOS HOME
February Calendar
Sunday 4
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 V.S.A. § § 2141, 2501
Friday 9
(25 days before Town Meeting) Auditors must meet by this date to examine and adjust town finances.
24 V.S.A. §1681
Friday 9
(25 days before Town Meeting) Town officers must settle accounts with Auditors to be eligible for re-election.
24 V.S.A. § 992
Saturday 10
Last day for any municipality which has enacted special weight limits, which are other than State legal limits for highways and bridges, to file a complete copy of the limitations with the Department of Motor Vehicles.
23 V.S.A. § 1400b
Saturday 10
Last day for selectboard to file with the Town Clerk annual statement of description and measurement of all Class 1, 2 and 3 town highways, then in existence, including special designations. 19 V.S.A. § 305(b)
Monday 12
Lincoln's Birthday. 1 V.S.A. § 371
Wednesday 14
(In towns using Australian Ballot 20 days before elction) Under direction of the Town Clerk, ballots must be back from the printers.
17 V.S.A. § 2681a(a)
Wednesday 14
VLCT Local government Day in the Legislature.
Monday 19
Washington's Birthday 1 V.S.A. § 371
Tuesday 20
(At least two weeks before Town Meeting) Town Clerk must have liquor ballots printed if liquor issue is on Annual Meeting agenda and if town does not use Australian Ballot.
2 V.S.A. § 163
Friday 23
State withholding tax return due date if reporting more than $600 per quarter. 32 V.S.A. § 5842(a)(3)
Friday 23
Last day for legislative body to post warning for public informational hearing on any public question to be voted by Australian Ballot at Town Meeting.
17 V.S.A. § 2680(g)
Saturday 24
(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 V.S.A. § 2144(a)
Saturday 24
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 ballots.
17 V.S.A. § 2532(b)(c)
Saturday 24
Last day (up to 12:00 noon) for people who are not eligible to register by this date, but who wil be by election day, to file a written notice of intent to apply witht the Town Clerk.
17 V.S.A. § 2144(b)(c)
Saturday 24
First day (after 12:00 noon) for Board of Civil Authority to revise checklist resulting from application deadline for Town Meeting. 17 V.S.A. § 2142
Saturday 24
(At least 10 days before Town Meeting) Selectboard must mail or otherwise distribute Town Meeting warning in annual town report by this date to avoid publishing a warning in a newspaper.
17 V.S.A. § 2641(b)
Saturday 24
(At least 10 days before Annual Meeting) Auditors' Report, or the findings of the public accountant employed in accordance with 17 V.S.A. § 2651(b), must be distributed.
24 V.S.A. § 1682, 17 V.S.A. § 2651(a)
Saturday 24
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 V.S.A. § 2522(a)
Saturday 24
(10 days before the election Candidates for Town Meeting local election who are spending more than $500 must file a campaign finance report with officer with whom nominating papers were filed.
17 V.S.A. § § 2822, 2103(13)
Monday 26
(Any of the eight days before or the day of the election) In towns using Australian Ballot, Town Clerk msut give each pair of Justices the exact number of absentee ballots, envelopes, and list of absentee voters to be visited. 17 V.S.A. § 2538(b)(c)
Wednesday 28
(At least six days before the 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 V.S.A. § 2498(b)
February 2001 Calendar
Opinions Volume 3 Number 2 February 2001
top of this section February Opinions "Table of Contents" SOS HOMEFor further information, please contact
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