Office of the Vermont
Secretary of State -
www.sec.state.vt.us
26 Terrace Street, Drawer 09,
Montpelier, VT 05609-1101 : Phone 802-828-2363
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Volume 6 Number 8 August 2004
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Message from the Secretary |
Table of Contents |
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August is often referred to as the "dog days of
summer"* – the days we laze around in the summer heat. Of course
this is not true for our local officials. For town government August
is the time to get ready for the fall. It means grading roads,
cutting brush and trimming trees. It also means preparing in earnest
for the fall elections.
Our boards of civil authority know that there is
more to running Vermont’s elections than creating checklists and
testing tabulators. In fact, the greatest challenge for those
charged with running Vermont’s elections is doing what needs to be
done next — before a deadline passes.
To help ensure our elections run smoothly we have
sent every town the "2004 Election Perspectives." The "2004 Election
Perspectives" is designed to be used both as a general introduction
to the election process and as a helpful, step by step, reference
for conducting elections. This handbook covers the law for the
Vermont Primary and General Elections.
In an effort to make this resource easy to use,
each section of the "2004 Election Perspectives" is written to stand
on its own. Different chapters describe the roles and
responsibilities of each of the different players in the election
process, from the presiding officer to the board of civil authority.
A review of the handbook in its entirety should help each player
understand how his or her role fits in with the overall election
process.
In addition to publishing the Elections
Perspectives, this year the office has sent out a comprehensive
election calendar and has conducted 16 election trainings. With two
more to go before the September Primary Election we feel confident
that the folks who run the elections in your towns are prepared for
the tasks that await them.
I hope you enjoy these last precious moments of
summer. But as fall approaches and the election draws near, feel
free to put down your iced tea, leave the pool side, and call our
office with your questions. You can call us toll-free at
1-800-439-8683.
*August was originally called the "dog days of
summer" because this is the time that Sirius, the "dog star," rises
and sets with the sun.

Deborah L. Markowitz
Secretary of State
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Message from the Secretary
Voice from the Vault
by State Archivist Gregory Sanford
Opinions of
Opinions
Rabies Vaccinations
On the Road to Election
Order the
New Disability Etiquette Brochure!
Tip of the Month
How Do You Make Town Meeting
Great?
Mailing List Updates
Calendar
Opinions
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Voice from the Vault
By Gregory Sanford, State Archivist |
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No Whine Before Its Time
I may have mentioned (whined about?) the range of
legislatively-mandated projects that the Archives is currently engaged
in. Well, as they say, "no whine before its time," so let me forego
the pleasuring of kvetching and instead summarize the status of some
of these projects and some of the issues they raise.
Municipal scanning pilot projects. This project was
established by the capital construction bill (Act 121, Section 9). The
project participants have met twice. They decided to focus on scanning
records that have to be kept ten years or less since the recently
created Municipal Land Records Commission is charged with examining
permanent records in an electronic environment (see below). The goal
of the pilot projects is to identify technical scanning standards,
offer model requests for proposals, and then test these standards and
models on records within the five participating municipalities. The
group has to report to the legislature by January 15, 2005.
Commissioner Tom Torti of Buildings and General Services is the chair
of the group.
Municipal Land Records Commission. This project was
established by the appropriations act (Act 122, Sections 78a through
78e). The commission was given a range of responsibilities including
standards for digitizing land records. The Governor hopes to have all
members of the commission appointed by early August. The commission
must report to the legislature by January 15, 2006. There is no chair
yet, but I am to convene the first meeting.
Records law/privacy study. Act 158 mandated that the
Legislative Council conduct a "study of public records law,
technological advances, and associated privacy concerns." No report
date was included, though the act sunsets on June 30, 2005. This law
temporarily exempts from disclosure social security numbers that may
appear in certain municipal tax records. There is a separate study,
created by Act 155 (identity theft), that will look at the use of
social security numbers in general. There has been one public meeting
so far at which general concerns were discussed and some specific
topics were recommended for study. Mike O’Grady of the Legislative
Council is the chair of the study.
The Archives is also working on projects involving early court
records and digitizing legislative committee tapes dating back to
1985. Though these are somewhat disparate projects there are certain
common threads woven through them. One is how to keep the focus on
records and recognize technology as a recordkeeping tool. For example,
while it is true that electronic record and communication systems can
create greater access, with a concomitment rise in privacy concerns,
the core issues remain defining what is a public record, making sure
that any personal information collected by governments is essential to
the purpose for which it was collected, and understanding the public
or operational goals in making information broadly available in
electronic form or otherwise. These are primarily record, not
technology, questions though our answers should shape system design
when implementing technology projects.
Another thread is the costs of not managing records. As we examine
pre-1845 court records, for example, it has become clear that there is
no existing guide to what records are where or, once located, how to
find specific cases.
This creates a Catch-22 that complicates developing adequate
resources. Since it is extremely difficult to access older court
records they are under-utilized. Lack of use detracts from the
importance of the records, making competition for limited resources
difficult, further contributing to neglect and under use. This also
raises difficult choices for each project about balancing
retrospectively addressing the consequences of neglect, and
prospectively avoiding the duplication of inadequate recordkeeping.
Projects involving public records on audiotape illustrate many
levels of the problem. Tape recordings were an early example of using
a technology to enhance recordkeeping. Minute taking, however, often
declined once tape recorders were used since the tapes captured all
conversation. Frequently even basic indexing, such as using the
rotation counter to identify when a particular speaker or issue was
being recorded, was ignored, complicating access and discouraging use.
Like computer-based records, tapes are dependent on changing
technologies in order to be accessed. Yet few sustainable management
plans were in place; no migration occurred when cassettes replaced
reel to reel players; back-ups were not consistently made; tapes were
not periodically refreshed (copied to new tapes) and began to suffer
bleed through, stretching, and a host of other threats. Retrospective
efforts to digitize analog tapes turns out to be very expensive, in
part because the transfer can only take place in real time (it takes
one hour to transfer a one hour tape to digital form); when, as in the
case of legislative tapes, there is a backlog of over 40,000 hours of
tape, the costs are overwhelming. The implementation of digital
recordings of public hearings appears to be duplicating past problems
(lack of sustainable management plans, for example).
For all the disheartening aspects of these projects, this is a time
of tremendous opportunity for recordkeepers. These projects, by
developing baseline information and providing concrete illustrations
of the consequence of poor recordkeeping, are providing us with tools
for giving effective voice to our concerns. The opportunity is there
to improve recordkeeping; it is up to us to take advantage of it.
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Opinions of
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1. The voter checklist is public record. The
checklist from each election must be kept for five years following the
election and made available at cost to the public. 17 V.S.A. §2590.
Although the ballots and tally sheets may be destroyed 90 days after a
state or local election, and 22 months after an election including federal
offices, the exit checklist, or if none, the entrance checklist must be
retained for five years. 2. Board of abatement can only abate in
situations allowed by statute. The Board of Abatement can only
exercise those powers specifically delegated by statute, and cannot exceed
those powers. 24 V.S.A.§ 1535 provides the complete list of reasons
for abatement of local property taxes. These are the only reasons that
local property taxes can be abated. If a local property taxpayer wants to
challenge the assessment or fair market value listing of his property, a
property tax appeal process is available to the taxpayer every April. If a
resident requests a hearing, is notified of the hearing date, but does not
appear for the hearing as scheduled, the Board of Abatement can still
decide to grant or deny the request.
3. Poll watchers must be allowed to observe the elections. Vermont
law provides that each party, candidate, or committee may have two
representatives outside the guardrail (at least six feet from the voting
booths and ballot boxes) for the purpose of observing the voting process.
17 V.S.A. §2564. These poll watchers have the right to hear the name of
each person seeking to vote. However, election officials do not have to do
extra work for the observers. For example, if the observers leave the
polling place for an hour, election officials do not have to go back and
reread names of people who voted during the observer’s absence.
4. Small towns must make checklist available twice on Election Day.
In towns with less than 500 voters on the checklist, each party,
candidate, or committee has the right to view the checklist two times
during polling hours. 17 V.S.A. §2572. The candidate, party of
committee interested in viewing the list must make a request to the Board
of Civil Authority in writing at least 12 hours before the opening of the
polls This provision is intended to be an alternative to poll watching in
small towns where it might be difficult for a candidate or party to find a
citizen who could observe or poll watch during the entire day. The
presiding officer can reasonably require that the viewing take place at
times when the election workers handling the entrance checklist are not
busy with voters.
5. The public may observe the election. The polling place is a
public space, and so long as members of the public are not being
disruptive by, for example, distracting the election workers, talking
loudly or by politicking in the polling place, they should be allowed to
observe. The presiding officer may make reasonable rules to ensure that
observers do not disturb the election in any way.
6. Person with two offices only has one vote on BCA. When a person
is elected both as a Selectboard member and as a Justice of the Peace,
that person is only entitled to one vote on the Board of Civil Authority.
The number of board members on the full board is also reduced by one
for purposes of calculating a quorum. For example, if a town normally has
a BCA made up of five selectboard members, 15 justices and a town clerk,
the board would be 21 members and a quorum for other than election
purposes would be 11. If, however, in the same town, two selectboard
members were also elected Justices of the Peace, the board would be 19
members and a quorum for other than election purposes would be 10. A
person cannot cast two votes by virtue of being elected to two different
offices. NOTE: For tax appeals, at least 3 members must be present and
then decisions can be made by majority vote of the board members present.
7. Constable’s law enforcement authority is limited to town in which he
was elected. Constables in Vermont, whether elected or appointed, do
not have any law enforcement authority outside of the boundaries of the
town in which he or she was elected. State v. Hart, 148 VT 104
(1987). While municipal police officers were given authority by the
Legislature in 1988 to exercise statewide jurisdiction, constables were
not included. A constable should be very careful not to misrepresent his
authority outside of his town. For example, if a constable represented
himself/herself to be a "police officer" with full authority when in a car
accident out of state, it is possible that the constable may be charged as
impersonating a police officer under a statute in the other state.
8. Municipality may allow Constable in neighboring community to work in
town. 24 V.S.A. § 1936a (d) permits a municipal legislative body to
vote to allow a constable elected or appointed in another municipality to
exercise law enforcement authority in its municipality, so long as that
constable is not prohibited from exercising law enforcement authority in
his or her own community and so long as the constable has completed the
training requirements for a full-time or part-time law enforcement
officer, and the legislative body adopts policies and procedures
establishing the circumstances under which the authority may be exercised.
9. Selectboard cannot control elected Constable. Vermont law gives
most elected officials independence – making them accountable only to the
electorate. This means that even if the selectboard is unhappy with the
performance of a constable it cannot tell a constable how to perform – or
not perform – his or her duties. Unless a salary is voted at town meeting,
the board can control what the constable is paid. However, there are many
instances of constables continuing to perform their functions for no pay.
17 V.S.A. § § 2646, 2651(a).
10. Constable must post a bond to hold office. In an extreme
situation the selectboard of a town can create a vacancy in the
constable’s office by giving the bonding company enough information about
the constable for them to revoke his or her bond. Vermont law provides
that if the bond is revoked the constable must produce a new bond within
ten days (at the town’s expense) or there is a vacancy in the office. 24
V.S.A. § 832.
11. Voters may vote to restrict law enforcement authority of Constable.
Vermont law permits a town to vote at a special or annual town meeting to
prohibit constables from exercising any law enforcement authority; or to
prohibit constables from exercising any law enforcement authority without
having successfully completed law enforcement training. 24 V.S.A. § 1936a.
Constables who do not have law enforcement authority may still serve civil
or criminal process, destroy animals in accordance with Vermont’s animal
control law, kill injured deer when required by law, provide assistance to
the health officer in the discharge of the health officer’s duties, serve
as a district court officer, remove disorderly people from town meeting,
and collect taxes, when no tax collector is elected.
12. Justice of the Peace nominations are in September. On or before
September 17, 2004, Justices of the Peace may be nominated by major or
minor party caucus. If the caucus fails to meet JPs may be nominated by
major or minor party committee or an individual may submit a petition as
an Independent to the town clerk to be placed on the ballot for the
General Election. 17 V.S.A. §2413. The Elections Division has sent
a memorandum to each town clerk and all organized parties in Vermont
outlining the procedures for nomination of Justices of the Peace.
Generally, the major parties set a date for all town caucuses at the end
of August (the caucuses must meet before the first Tuesday in September).
Each party can nominate a full slate of Justices of the Peace (as many JPs
as your town has voted to elect.) Historically, some town major party
committees have had a "gentlemen’s agreement" to only nominate one-half
the number of JPs. Note that this practice is NOT legally required and is
not a binding agreement. Town party committee chairs and party members
should call state party officials for more information about nomination of
Justices of the Peace.
13. Voter registration due September 7 th
for the primary election. Applications to the
Checklist (Voter Registration applications) must be received by the Town
Clerk where the applicant has his legal address (principal dwelling place)
on or before Noon on Tuesday September 7, 2004 in order to be able to vote
in the 2002 Primary Election on September 14, 2004. 17 V.S.A. §2144
If you are assisting in a voter registration drive, please make certain
that all applications are in the offices of the Town Clerks before the
deadline.
14. First time voters who register on their own - by mail – must
provide identification before voting. The new election law requires
that any person who registers to vote for the first time in Vermont by
mailing in a registration form must provide a copy of identification with
the application or at the polling place before voting for the first time.
Acceptable forms of identification are: current and valid photo
identification, copy of current utility bill, current bank statement, or
copy of another government document that shows current name and address of
the voter. Voters who register in person or through a voter registration
drive, motor voter, application delivered by a candidate, political party
members or JPs do NOT need to provide a copy of identification. This
requirement is only for citizens who submit an individual application on
their own by mail.
15. Minutes of a meeting are not a transcript. Minutes of a meeting
of a public body should not attempt to be a transcript of the meeting or a
complete restatement of all public discussion at the meeting. 1 V.S.A.
§312 It is a better practice to keep the minutes short so that an
interested person can easily tell what action was taken at the meeting.
The inclusion of comments or dialogue that might take place during a
meeting is a distraction that can cause citizens and/or board members to
spend more time at meetings debating the accuracy of the "transcriptions"
and dialogue recorded in minutes of past meetings than on the new action
items. Section 312(b) provides a list of what must be included in minutes.
In summary: Record all motions whether adopted or defeated, name of the
maker of the motion, number of votes on each side in a motion, names of
board members present, names of active participants in the meeting. Do not
record discussion (except the topic) or expressions of personal opinion.
We suggest that you use the statutory list as your guide and do not try to
capture individual statements except when made as a motion.
16. Board can meet in home so long as public are invited. No law
requires meetings of municipal board to be held in a public building.
However, the law requires that meetings of board be "open to the public"
(except when it is a deliberation in a quasi-judicial matter.) 1 V.S.A. §
312(a). A board may meet in a private home – so long as the public is
welcome to join them there.
17. Appointment discussions can be made in executive session. The
law permits a board to discuss "the appointment or employment or
evaluation of a public officer or employee" in executive session. 1 V.S.A.
section 313 (3). Because elected and appointed officials are public
officers, the selectboard can go into executive session to consider
various applicants for appointment to fill vacancies, or for appointment
to town boards. Although the discussion and a straw vote may be taken in
the executive session, the actual votes must be taken in the open meeting
so that the public can see how board members have voted, and those votes
must be reflected in the minutes of the meeting.
18. Minutes do not need to be taken of executive sessions.
The law does not require boards to take minutes of an executive session.
However, the vote to enter executive session, including the stated reason
for moving into an executive session should be recorded in the minutes, as
well as the vote on any action taken after the close of the executive
session. 1 V.S.A. § 313.
19. Condominium association not subject to the open meeting law.
The open meeting law only applies to the meetings of public bodies. 1
V.S.A. § 312. A condominium association is not a public body. A’Public
body’ means "any board, council or commission of the state or one or more
of its political subdivisions, any board, council or commission of any
agency, authority or instrumentality of the state or one or more of its
political subdivisions, or any committee of any of the foregoing boards,
councils or commissions, except that "public body" does not include
councils or similar groups established by the governor for the sole
purpose of advising the governor with respect to policy." 1 V.S.A. § 310.
20. There is no "leave of absence" from public office. The law does
not permit someone to take a leave of absence from an elected or appointed
office. If a person is unable to fulfill the duties of the position they
hold, they should probably step down so that the position can be filled
with someone able to do the job. Note that a board member who is out of
town for a period of time may be able to continue to serve from a distance
as it is possible for a person to participate in board meeting by
telephone conference.
21. Board can reconsider votes. No law would prevent a board from
reconsidering a previous vote. A member of the board can ask that a
reconsideration be placed on the agenda of the meeting and then can make a
motion to reconsider the previous action. If such a motion is voted
positively then the original action can be changed.
22. Documents must be available during office hours. In one town
the clerk decided that in order to stay current with her work she would
close the office to the public one afternoon a week. The public records
law (1 V.S.A. §316) provides that custodians of public documents must make
documents available to the public for inspection between nine and noon in
the morning and one and four in the afternoon unless the public agency is
not regularly "open to the public" during those hours. If the agency is
not open those hours then inspection or copying of records may be made
during customary office hours. This means that so long as the time the
clerk is using to catch up is not part of customary office hours the clerk
can keep the public out so that he/ she can stay current with her
recording.
23. Custodian can require records to be reviewed in the presence of a
town employee. A public agency may make reasonable rules to preserve
the security of public records or documents, and to protect them from
damage. 1 V.S.A. §316. It is not unreasonable for the custodian of public
records to require the presence of a town employee when records are being
reviewed to ensure that no papers are removed from the office.
24. Custodians of records are not required to find and fax. The
public records law does not require the custodians of records to fax
copies of documents to anyone, or require that the custodian conduct
research to find documents. While each custodian can establish additional
office practices, we caution clerks and others to be aware of potential
risks of liability for the town if a requested document is missed or the
wrong document is sent.
ERRATA:
In last months Opinions, #10 contained an incorrect statute. The
statute sited was 17 V.S.A § 2804 but the correct statute is 24 V.S.A §
2804. We apologize for this error.
In our monthly Opinions we provide what we believe the law requires based
upon our legal judgment, years of observing Vermont’s local government
practices, and Vermont Court decisions. This information is intended as a
reference guide only and should not replace the advice of legal counsel.
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Rabies
Vaccinations |
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This past legislative session 20 V.S.A section 3581 was amended to permit
three years rabies vaccines. The transition is a bit confusing so we asked
Dr Bob Johnson, State Public Health Veterinarian to explain what is
required. According to Dr. Johnson, vaccinations given before 7/1/04 are
good for one or three years depending upon whether the vaccination was
primary or a booster. The rabies certificate should clearly indicate the
date vaccinated and the date expired. If the vaccination was a primary
vaccination, then the vaccination is a one year vaccination. If the
vaccination was a booster, then the certificates prior to 7/1/04 would
indicate a two year vaccination. These two year certificates are valid for
three years from date of booster.
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On the Road to the Election
By Janel Johnson, Elections Outreach
Coordinator |
Honor A Vet With Your Vote
We are happy to offer the Honor a Vet with Your Vote
program again this year. 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. During the 2002
elections more than 2,000 veterans were honored in this way.
This year, in order to broaden the program, we are inviting town
clerks and other town officials to sponsor an Honor a Vet with
Your Vote button drive in their communities. If you wish to run
an Honor a Vet button drive we will send you all of the materials
you will need, including sign up forms, buttons and markers for
personalizing the buttons. We have already sent posters to every
town advertising this important program and are happy to send
additional posters upon request.
To sign up to run a button drive go to
www.govotevermont.com or
contact me at (802) 828-1296 or e-mail
jjohnson@sec.state.vt.us.
Even if your community does not choose to sponsor a button drive,
your voters can still participate by requesting a button from their
local veteran’s organizations or by ordering a button through the
Secretary of State’s Office at www.govotevermont.com.
We look forward to working with you to honor the contributions of
our nation’s veterans.
- Janel
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Centennial Nonprofit Awards |
The 2004 Vermont Centennial Nonprofit
Awards program honors Vermont’s oldest nonprofits. Any nonprofit
that has operated continuously for 100 years or more in Vermont is
eligible to participate in the Centennial Awards program.
We believe that it is important to recognize Vermont’s oldest
nonprofits for their many contributions to the State of Vermont. It
takes a tremendous amount of dedication and support to keep a
nonprofit active for 100 years or more. We hope that this program
will deepen our understanding of how Vermont’s nonprofits have
enhanced our community life during the last hundred years.
Visit our website for more
nonprofit award information.
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Tip of the Month |
This month's tip is from Kathleen
Mikkelson, Lincoln Town Clerk
Lately I have been receiving two copies of the Pttr’s from lawyers -
one labeled State and one labeled Town - which means filling out the
bottom on two forms! I know, that’s not much, but it’s more than I am
willing to do some days, esp. since I need to make 4 copies of them
anyway! I rip up the town copy and enclose a note on our letterhead
with this message; "Please do not send two PTTR’s - when I make
copies, I put a post-it over the SS #’s to block them out and the
State receives the original, with the numbers on it. Thank You,
Katherine Mikkelsen, Town Clerk".
If you think this is a good idea, you may use all or some of it.
If you have a good tip that you would like to share with our readers
please email it to Sandy Harris at vernontc@sover.net or mail them to:
Sandy Harris- VMCTA President
Town of Vernon
567 Governor Hunt Rd
Vernon, VT 05354
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How Do YOU Make Town Meeting
Great? |
Town Meeting Day in each Vermont
community has its own unique flavor, and some towns have traditions
and techniques that really make their gathering bloom. How about your
town?In Greensboro, town meeting is where the secret of who will
receive the annual "Greensboro Award" is revealed. In Middlesex, a
"Middlesex Operator’s Manual" outlines how to participate in town
meeting and other community affairs. In Tinmouth, the town moderator
composes an original poem to begin each year’s gathering!
What makes your town meeting work? Whether the ideas are
process-oriented or playful, we’d like to hear them. Please send them
by September 1 to:
Susan Clark email: sclark@sover.net
42 McCullough Hill Rd. phone: 223-5824
Middlesex, VT 05602
The best ideas will be featured in an upcoming book by Frank Bryan
and Susan Clark on rediscovering the secrets of town meeting and
community.
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Mailing List Updates |
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Thank you for helping us keep Opinions running efficiently!
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August 2004 Calendar |
August 2:
· Last day
to file Form 941 (Quarterly Withholding Return) with Internal
Revenue Service.
· Last day
for officials who have received supplementary petitions from
candidates to notify the Secretary of State of the status of such
petition (not later than two days after the last day for filing
supplementary petitions). 17:2359, 2103(13)August 5:
· Last day
for Town Clerk to request additional ballots for the primary election
from the Secretary of State. 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
August 10: Town Clerk will receive at least five copies of the
primary warning and notice for each polling place by this date. The
Town Clerk should list the polling place, address and the time polls
open in the blanks on each warning. 17:2521(b)
August 15: (Not less than 30 days before the election)
Last day for posting warning, notice, and most recent checklist of the
town for the primary election. In towns that divide their checklist,
that portion of the checklist that applies to the district should be
posted. 17:2521(a), 2141, 2501
August 16:
· Town
Clerks will receive prepared 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.
Clerks must return receipts for the ballots to the Secretary of State
as soon as possible. 17:2479, 2103(13)
· Bennington
Battle Day. 1:371
August 25: Last day for Town Clerk to post sample ballots (for
primary election) in the same places they have previously posted
copies of the warning, notice and checklist. 17:2522(a)
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September 2004 Calendar |
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September 3: (60 days before the general
election) First day for candidates for the office of Justice of
the Peace to file statements of nomination with the Town Clerk.
17:2386, 2387, 2402(d). September 4:
· Last day for Town Clerk to post sample ballots
(for municipal election) and official voter information cards in the
same places they have previously posted copies of the warning, notice
and checklist. 17:2522(a)
· (At
least 10 days before the election) Voting machines must be tested
using official ballots that are clearly marked "test ballots."
17:2493(b)
September 6: Labor Day. 1:371
September 7:
· 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 to vote
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)
· Last day
for Town Clerk to receive a simultaneous request for an application
for addition to the checklist accompanying an early or absentee ballot
request. 17:2532(b), (c)
· (During
the eight days immediately preceding election day and on election day)
Town Clerk must give each pair of Justices the exact number of
absentee ballots, envelopes, and list of early or absentee voters who
are ill or physically disabled to be visited. 17:2538(b), (c)
· (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; if no caucus is held, the town
committee meets and nominates candidates. 17:2381(a)(3), 2413
September 9: (At least five days before primary election)
Last day for Town Clerk to forward to Board of Civil Authority a list
of voters added. 17:2144b(d)
September 11: (At least three days before the primary
election) Board of Civil Authority must have designated pairs of
Justices of the Peace, assuring political balance in each pair, to
deliver absentee ballots to ill or disabled voters. 17:2538(a)
September 13:
· Board
of Civil Authority must appoint a Presiding Officer if the Town Clerk
or other regular Presiding Officer is unable to preside at the
election or if more than one polling place is used. 17:2452
· Prior to
the day of the election, Board of Civil Authority must appoint
Assistant Election Officers. 17:2454
· Town Clerk or other Presiding Officer must
notify Election Officers of their hours and duties. 17:2455
· Voters, or
their 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 on this day. 17:2531(a), 2532(a)
September 14:
· PRIMARY
ELECTION DAY 17:2351
· (Before
polls open) Town Clerk must give Election Officials a list of
those voters who have already cast absentee ballots. 17:2548(a)
· (Before
the polls open) The Presiding Officer must post copies of the
warning and notice, sample ballots, and voter information cards. Signs
should be placed on or near the ballot boxes explaining procedures for
depositing ballot. 17:2523(a), (b)
· Polls must
be open no earlier than 5:00 a.m. and no later than 10:00 a.m. (opening
hour set by Board of Civil Authority). Polls remain open until
7:00 p.m. 17:2561(a)
· (Upon
opening of polls) A copy of the list of early or absentee voters
must be made available upon request at the Town Clerk’s office and on
election day at polling place(s). 17:2534
· (During
polling hours) Presiding Officer must ensure that there is no
campaigning of any kind and no campaign literature displayed, placed
or distributed inside the polling place. On walks and driveways
leading to a polling place, no candidate or other person may
physically interfere with the progress of a voter to and from the
polling place. 17:2508
· For those
who became eligible to vote after the second Monday prior to election
day and had notified the Town Clerk of intent to apply for addition to
the checklist, the Town Clerk or Board of Civil Authority may act on
applications until polls are closed. 17:2144(b), (c)
· As soon as
possible after the polls close, Town Clerk or other Presiding Officer
must examine entrance and exit checklists and prepare a statement of
discrepancies. 17:2583(a)
· Presiding
Officer directs Election Officials in counting ballots. 17:2581, 2582
· Presiding
Officer must seal all ballots, entrance checklist(s) and tally sheets.
17:2590(a), 2689, 2583(a)
September 15:
· (No
later than 24 hours after polls close) Presiding Officer and one
other Election Official shall transfer the totals from the summary
sheets to the return and both sign the return. 17:2588
· Last day
for Town Clerk to remit to State Treasurer an accounting of dog and
wolf-hybrid licenses sold and remit the license fee surcharge for an
animal and rabies control program. 20:3581(f)
September 16: (Within 48 hours of the closing of polls)
Town Clerk shall deliver one certified copy of each primary election
return to the Secretary of State, county clerk, representative
district clerk and senatorial district clerk. 17:2588
September 17:
· (No
later than 5:00 p.m. on the third day following the primary election)
Last day for candidates for the office of Justice of the Peace to file
statement of nomination and consent form with the Town Clerk. 17:2361,
2386, 2387, 2402(d).
· Last day
(no later than 5:00 p.m.) for independent candidates to file a
certificate of nomination and consent with the Secretary of State.
17:2402(d), 2386(a)
· Last day
(up until 5:00 p.m.) for validly nominated candidates to withdraw
their names from the general election ballot by filing a written
notice with the Town Clerk in the case of a Justice of the Peace, or
with the Secretary of State in the case of all other offices. 17:2412
September 23:
· (At
least 40 days before the election) Last day to request additional
ballots for the general election from the Secretary of State.
17:2478(d)
· 23
Last day for the Board of Civil Authority to designate polling places
and, if necessary, divide the checklist according to geographic
boundaries. 17:2501
September 24:
· (Within
10 days after the election) Last day for a losing candidate to
request a recount. 17:2602(b)
· Last day
for persons nominated by any means for the same office by more than
one political party to elect the party or parties for which they will
be candidates. 17:2474(a)
September 28: Town Clerk will receive at least five copies of
the general election warning and notice for each polling place by this
date. The Town Clerk should list the polling place, address and the
time polls open in the blanks on each warning. 17:2521(b)
September 29: Last day a legal voter may contest results of the
primary election (within 15 days after the election). 17:2603(c)
September 29-30: VLCT ANNUAL MEETING and TOWN FAIR
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