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 2
February 2004
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Message from the Secretary |
Table of Contents |
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For over 200 years, Town Meeting Day has been an important
political event in Vermont. Gathering together to elect local
officers, voting on budgets and making important decisions affecting
our towns is a tradition of which we are proud. But we all know how
fragile this form of direct democracy can be. That’s why it is so
important to teach our children about the importance of town
meeting.
This year over 100 Vermont schools will be using curriculum
materials designed to educate our children about the tradition of
town meeting.
Town Meeting – A Vermont Tradition is a middle school
curriculum. The booklet includes suggestions for classroom
activities and articles designed to stimulate classroom discussion
about the pros and cons of Australian Ballot voting versus floor
meetings, and whether it is appropriate to be discussing state and
national social and political issues as part of town meeting.
Town Mouse and Country Mouse Go To Town Meeting was designed
for children in 3rd – 5th grades. Its fun illustrations walk the
children through town meeting and Australian Ballot voting,
highlighting the differences between these two forms of voting. It
also includes fun activities and a teacher's guide with ideas for
classroom discussions and activities.
The Town Meeting Coloring and Activity Book was designed as
an early elementary curriculum. It includes
basic information about Vermont’s town meeting with easy to color
pictures and other fun activities.
The Town Meeting Coloring and Activity Book can also help keep
young children busy at your meeting!
It is my hope that by teaching our children about town meeting,
this tradition will continue to be a vital part of Vermont’s
community experience. Please encourage your school to participate!
For free copies of this curriculum for your school or to give out
at your town meeting contact Marianne Lynch at
mlynch@sec.state.vt.us, 802-828-2148. These booklets are
also available online at
http://www.sec.state.vt.us.

Deborah L. Markowitz
Secretary of State
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Voice from the Vault
By Gregory Sanford, State Archivist |
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While most Vermonters talk of Town Meeting "Day," municipal clerks
experience town meeting season. Putting together the warning, getting
the town report published and distributed, preparing ballots,
including for this year’s presidential primary, and myriad other tasks
consume months of clerk time so that the day runs smoothly. The
success of the day can be measured by the invisibility of the clerk.
The last thing clerks need is a suggestion for more work. Let me
make one anyway. Town meeting may be celebrated as democracy in
action, but it is also, or could be, show time for municipal clerks
and the records they manage. Few Vermonters appreciate the scope of
responsibilities their clerk must perform. Fewer still understand the
importance of municipal records to their lives. Lacking understanding,
citizens are unaware of the issues, and costs, of complying with these
responsibilities. Town meeting day is a great educational opportunity
for informing local residents of those issues.
Here are a few suggestions, many drawn from conversations with
clerks:
—have a display on the number of property transfers that have
occurred in the last year or two, and the amount of money and economic
activity dependent on the records that provide evidence of those
transfers. One quick way to put together figures is to visit the Tax
Department’s web site and use their town breakdown of property
transfers. Go to http://www.state.vt.us/tax/statistics/statisticspropertytransfer.htm
for statistical compilations of property transfers since 1999.
—display the number of land record volumes that have been compiled
in recent years, along with the financial amounts captured in those
pages. John Cushing of Milton and others have begun to compile such
lists showing the growing rapidity with which land record volumes are
filled (and fill vaults) and the amount of money represented by each
volume.
—display a volume in need of restoration, as well as the cost of
restoration. Such a display makes a conservation budget request more
"real" by providing visible, tactile evidence of the condition and
costs of restoration work.
—in connection with displays, pose questions to residents that
highlight the importance of the records to them as a community and as
individuals. For example, ask how they would sell or refinance their
property if fire, theft or inadequate resources made their deeds and
mortgages inaccessible.
—display minutes from early town meetings. Whatever recollections
of social studies may scar our memories, most people have an interest
in the history of their community. Displaying minutes is again a
tactile link to community history and pride.
These are a few, relatively simple suggestions for making the work
of clerks more visible and understandable to residents. I am sure that
many of you have other, better ideas.
Yes, this is a busy time of year. But it is also a time of
opportunity, a time to celebrate all that you do.
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1. Certain Officers Are Elected By Paper Ballot. In towns that
have not adopted the Australian ballot system of voting for local
offices, Vermont law requires the use of paper ballots during the town
meeting for election of officers to the selectboard, listers, auditor,
road commissioner, and water commissioners.
17 V.S.A. §2646.
2. Majority Vote Is Required To Elect Officials At Floor Meeting.
Vermont law requires local officials to receive a majority of all votes
cast in order to be elected during an open town meeting. 17 V.S.A.
§2660. Candidates who receive a plurality of votes will be elected in
towns that use the Australian ballot to vote for officers. In a floor
vote, if no candidate receives the majority in the first paper ballot,
then another vote must be taken. If no person has obtained a majority by
the end of the third vote, then the moderator shall announce that the
person who received the least votes in the last vote shall no longer be
a candidate, and continue voting in like fashion until a candidate
receives a majority.
3. Write in Candidate Needs At Least 30 Votes Or 1% To Be Elected.
The law sets a minimum threshold for a person seeking election on a
write-in campaign. If the person receiving the most votes is a write-in
candidate in an Australian ballot election, the person must have
received at least 30 votes OR the votes of 1% of the registered voters,
whichever is less. 17 V.S.A. §2683(c).
4. Political Party Designation For Local Office Rare – But Possible.
Few communities include political party designations for local
offices. In most cases it is done because the Municipal Charter provides
for such listing. However, the law permits political party designations
if the town has voted to provide for such listings, or in the absence of
such a vote, if the legislative body votes to permit political party
designations.
5. Upon The Request Of Seven Voters, Paper Ballots Are Used For
Non-Election Articles. If at least seven voters support a request
that paper ballots be used for voting during a special or annual
meeting, then paper ballots must be distributed and used. 17 V.S.A.
§2658. This request must be made separately for each article. Generally
one person makes the motion to call for paper ballots and the moderator
looks to see whether there are six people who would "second" the motion.
6. Guardian May Not Register Or Vote On Behalf Of Charge. There
is no power of attorney or guardianship order that allows the person
with the power of attorney or the guardian to register to vote on behalf
of the other person OR to cast a vote for the other person. A person may
receive assistance in completing an application to the checklist but the
citizen that is applying must sign the application for him or herself.
When a person is physically unable to sign their names on the voter
registration form, they may mark an X or take an oath swearing to the
statement on the form. This mark or oath has to be witnessed and
attested to by someone such as a town clerk, a notary public, a justice
of the peace, etc. Similarly, a family member or authorized person can
request that an absentee ballot be sent to another voter, but each voter
must vote his or her own ballot. A voter can also ask for assistance
from any person of his or her choice, but no one can "substitute" vote
for another.
7. Voters May Sign Only One Nominating Petition Per Seat That Is
Open. Candidates who run for local office, where that office is
voted on by Australian Ballot must bring in a nominating petition signed
by 30 voters or 1% of the checklist (whichever is less) of the
municipality. A petition may only contain the name of one candidate. A
voter may not sign more than one petition for the same office, unless
more than one seat to be filled, in which case the voter may sign as
many petitions as there are nominations to be made for the same office.
17 V.S.A. § 2681. Note that when there is more than one vacancy in a
board, but the vacant positions have different term lengths, each
vacancy is considered a different office.
8. Non-voters May Only Speak At Town Meeting With Permission of the
Assembly. Only legal voters can speak at town meeting unless there
has been a motion to suspend the rules and permit non-voters to address
the group and the motion has passed by 2/3 of the voters. It is a
good practice when making such a motion to include some parameters in
the motion, such as non-voters may speak to an issue only once, for a
time not to exceed five minutes, etc.
9. Moderator May Reject Amendment If Not Germane. The moderator
can only allow amendments to articles that are reasonably related to the
article as warned. The purpose of the town meeting warning is to enable
voters to know what issues are going to be decided. Because no decisions
can be made on issues that were not warned, it would not be a valid act
of the town to amend an article so that it is no longer relevant or
germane to the original Article. See Kaeser v. Town of Starksboro,
116 Vt 251 (1950)
10. Voters May Challenge Ruling of Moderator. During a
traditional floor voting town meeting, any voter can challenge any
ruling on points of order by the moderator by requesting that the issue
be put to the vote of the assembled voters. Many wise moderators will
encourage voters to challenge a ruling when they are in doubt by
prefacing the ruling such as "The chair is doubtful, but will rule that
…." This encourages a voter to rise to challenge. Robert's Rules
provides that any voter can rise to ask that the ruling be voted upon by
the voters present. It is difficult for any moderator to know every rule
and anticipate every type of motion that may be presented. Robert's
Rules thus allows the majority of those voters present to decide what is
fair and just under the circumstances.
11. Voters May Limit Debate By 2/3 Vote. In order to limit debate
on a motion a vote of two-thirds is required. A motion to limit debate
takes precedence over all debatable motions and can be applied to any or
all pending debatable motions. Of course, it is out of order when
another voter has the floor. The motion itself must be seconded and is
not debatable. Simply moving the previous question can also close
debate. This also requires a two-thirds vote.
12. Absentee Ballots Must Be Available 20 Days Before Town Meeting.
Towns that hold Australian Ballot voting must make Early and
Absentee ballots available at least twenty days prior to town meeting.
17 V.S.A. § 2681a.
13. Electorate Sets Date Of Annual Meeting. The school board
cannot change the date of the annual school meeting on its own motion.
Rather, it must be voted by the electorate. The voters must authorize
changing the date of an annual school district meeting by voting at an
annual or special meeting on an article: "Shall the ______________Town
school district hold its annual meeting on ___________." 16 V.S.A.§422.
14. Town and Town School District Moderators Are Separate Offices.
The town school district must elect a moderator as the first order of
business at its floor meeting or by Australian ballot, if the district
has voted to elect all officers by Australian ballot. Although the same
person may serve as Town Meeting Moderator and School District
Moderator, separate candidacies — and in Australian ballot districts,
separate petitions — are required.
15. A Town Vote To Move to Australian Ballot Applies To The Following
Meeting. If a town wishes to change the way it elects its officers,
or votes its budgets, or public questions, it must place an article on
the warning as directed in 17 V.S.A. § 2680. If the article to change to
Australian ballot passes, the town or district will begin using the
Australian ballot at its next special or annual meeting for officers or
public questions, and at the next annual meeting for budgets.
16. Town Clerks Must Provide Union School District Clerk With Updated
Checklist. Vermont law requires town clerks whose towns are members
of a union school district to be open for voter registration on the
second Saturday before the Union School District Elections. After the
checklist is updated, the clerk must provide an authenticated copy of
the checklist to the Clerk of the Union School District. 16 V.S.A.
§ 706u. Note that section 706u incorporates by reference the provisions
of Title 17 that require the town clerk to have office hours on the
second Monday before each election to allow residents to register to
vote.
17. Election To Incompatible Offices Creates Vacancy. When a
person is elected to more than one position in the town or school
district and the positions are incompatible, the person must resign from
one of the positions. This creates a vacancy that must be filled
according to statutory procedures, usually by the selectboard posting a
notice of a vacancy and then making an appointment. Under Vermont law,
the Arunner-up@
or next highest vote getter does not
Amove up@ or become the
winner.
18. Moderator Should Review Rules At The Start of Town Meeting.
At the beginning of town meeting, it is a best practice for the
moderator to review the basics of Robert's Rules and the procedures that
will be used in the meeting. This helps voters to be able to
participate fully in the meeting. It is especially important for the
moderator to remind the voters that any person present can rise to
challenge the ruling of the moderator on any procedural issue, and have
the procedural issue decided by the voters present.
19. Moderators Should Not Comment On Legality Of Article. It is
best practice for moderators at the annual meeting to refrain from
speaking to the legality of an article or to give an opinion about the
legal effect of taking action on or passing over an article. Even a
well-intentioned comment about the legality or impact of an article
could be misunderstood as showing partiality for or against an article.
If there is truly no one else in the room that can answer a question,
and the moderator feels compelled to enter the discussion, the moderator
should call for a moderator pro tem to take over, and step down while he
or she participates in the debate.
20. Only Legal Voters Can Be Elected To Town Office. To be
eligible for election as a school board member, a person must be a legal
voter in the school district. 16 V.S.A. § 558. Likewise, a town shall
choose from among its legally qualified voters for selectboard, town
clerk, town treasurer, and a number of other town offices. 17 V.S.A. §
2646. So long as the person is on the checklist by the day of
election he or she is eligible for election. The town clerk must add the
names of all eligible persons who have properly completed and submitted
applications to the checklist before noon on the second Monday before
the election.
21. School Officers Are Generally Not Permitted To Work For The
District. A school board member may not be regularly employed by the
school district or by a school district within the same supervisory
union or by the same supervisory union during the board member’s term of
office. A person who works for the school may run for the school board –
but if elected he or she must resign from his or her position with the
school in order to serve. Note that the education commissioner may waive
this rule for employment of a specific individual as a substitute
teacher, coach or supervisor of extracurricular activities for a period
not to exceed one year. (Note that the year may be renewed, in
circumstances in which the school district or supervisory union is
unable to hire another qualified person through no fault of its own.) 16
V.S.A. § 558.
22. Second Constable Does Not Work for First Constable. The
Second Constable, whether independently elected or appointed is NOT
supervised by the First Constable. In fact, nowhere in law is the First
Constable given any authority over the Second Constable. The law simply
permits a town to elect (or appoint) a Second Constable if it deems
necessary. The only difference in authority between the two constables
is that only the First Constable collects taxes in the event that no tax
collector is elected. 17 V.S.A. § 2646(7); 24 V.S.A. § 1936a.
23. Listers Have No Authority To Spend Town Money. Listers may
not spend town money or enter into binding contracts. Unless the law
specifically authorizes an official to spend money or to draw orders on
the accounts of the town, or to enter into contracts that bind the town
the official does not have that authority. In most cases only the
selectboard can sign orders for purchases or make contracts for the
town. This means that the board of listers may not purchase equipment or
contract with an assessor without the agreement of the selectboard. 24
V.S.A. § 1622, 1623:24 V.S.A. § 1236 (Town Manager can make purchases
for the town.).
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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Mark Your Calendar with the
Vermont League of Cities and Towns' Upcoming Events! |
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More information can be found at www.vlct.org, email us at
info@vlct.org or
call 800/649-7915 or 802/229-9111.
February 2004
Thursday, February 5th: Moderators’ Town Meeting Tune-up
Suzanna’s Restaurant, Berlin
A parliamentarian’s paradise, this annual workshop is designed for seasoned
and new town moderators and will focus on the statutory requirements of town
meeting, Robert’s Rules, and best practices for making it through unscathed.
Wednesday, February 11th: Local Government Day
Capitol Plaza Hotel, Montpelier
A special day at the Vermont State House for local officials to hear about
the status of pending legislation from VLCT and VMCTA representatives,
attend legislative hearings, and speak with their representatives in the
Vermont Legislature.
Thursday, February 19th: Making Grants Work for Your Municipality
Capitol Plaza Hotel, Montpelier
This workshop will bring together multiple private and public grant funders
for municipal projects ranging from downtown revitalization to public works.
March 2004
Thursday, March 11: Planning & Zoning Series #3: Child Care Facilities,
Vermont Interactive TV
The 2003 legislative session added a new planning goal to 24 VSA Chapter
117: ensure the availability of safe and affordable childcare and integrate
childcare into the planning process. This evening workshop will provide
guidance in implementing this new goal.
Thursday, March 18: Town Highways, Suzanna’s Restaurant, Berlin
With 80 percent of the state’s roads under local stewardship, town highway
maintenance is of great concern to citizens and businesses. This workshop
will focus on the legal, pragmatic, and budgetary concerns involved in
managing a town highway system.
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Quote of the Month |
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The punishment suffered by the wise who
refuse to take part in the government, is to live under the government
of bad men. -- Plato (B.C. 427?-347?)
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Tip of the Month
By
Linda Spence, Manchester Town Clerk |
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We keep envelopes on file with the mailing
addresses for each State’s election officials and when we receive an
addition to our checklist, we merely place the other state’s copy in
the envelope and mail them out about every six months or so. When
one is mailed we just redo another one for that state and place it
back in the file.
It works great!
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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Town Meeting Reminders:
Getting Ready at the Polls |
Town clerks should furnish presiding officers with one or two
certified copies of the checklist, depending on whether the town has
opted not to use an exit checklist. 17 V.S.A. § 2507.
Town clerks must also deliver sufficient quantities of the ballots
to the presiding officer. 17 V.S.A. § 2479.
The presiding officer should assign specific duties to each
election official, ensuring that the election officials work in pairs,
with each pair containing members from different political parties if
possible. 17 V.S.A. § 2562.
Opening/Closing Polls
In an Australian Ballot Election the presiding officer declares the
polls open on the day of the election between 5 a.m. and 10 a.m. (the
specific time is set by the board of civil authority or by the
voters), and declares the polls closed at 7 p.m. 17 V.S.A § 2581.
Town meeting begins at a time designated by the legislative body,
unless the town has voted a specific time at a previous meeting. 17
V.S.A. § 2655.
Public Discussion and Politicking in the Polling Place
In towns that start their annual meeting on one of the three days
preceding the first Tuesday in March, and use the Australian Ballot
system on Tuesday, public discussions of ballot issues and all other
issues appearing in the warning, other than election of officers, is
permitted at the Saturday, Sunday or Monday meeting. 17 V.S.A. §
2640(c).
Neither the warning, the notice, nor the ballot itself shall
include any opinion or comment by any town body or officer or other
person on any matter to be voted on. 17 V.S.A. § 2666.
In an Australian Ballot Election the presiding officer should
ensure that within the building containing the polling place no
campaign literature, stickers, buttons, information on write-on
candidates or political materials are placed, handed out, or allowed
to remain and that no candidate, election official or other person
distributes election materials, solicits voters or otherwise
campaigns. 17 V.S.A. § 2508.
Outside the building, the presiding officer must ensure that voters
can enter and leave the polling place without interference from
candidates or other citizens. 17 V.S.A. § 2508. The provisions of this
section apply equally to election of candidates as to votes on public
questions, including the budget, if done by Australian Ballot vote.
Maintaining Order at Town Meeting
In traditional town meeting the moderator must follow reasonable
and necessary procedures to ensure that people who are not voters of
the town do not vote. 17 V.S.A. § 2656.
The moderator must preserve order in the conduct of business and
debate. If a person, after notice, continues to be disorderly and
refuses to withdraw from the meeting, the moderator may order him to
be removed by the constable or some other person. 17 V.S.A § 2656. A
person who disturbs town meeting may be fined $200 by the district
court.
Remember that while Robert's Rules of Order or some other rule of
order must be followed at town meeting, these rules have been modified
by state law. For example, the assembly must not reconsider articles
already voted once consideration of another article has begun; when a
vote declared by the moderator is immediately questioned by one voter,
the moderator shall divide the meeting, and if requested by seven
voters, the moderator must take the vote by paper ballot; the assembly
may take no binding action during the "other business" portion of the
meeting; the moderator shall allow sufficient time for voters to cast
paper ballots whenever that method of voting is to be used. 17 V.S.A.
§§ 2660(d); 2661(a).
Accessibility of Town Meeting
The legislative body must take reasonable measures to ensure that
elderly or disabled voters may conveniently attend town meeting. Sign
Language interpreters must be provided, if necessary. 17 V.S.A. § 2667
and the Americans with Disabilities Act. Town meeting must be held in
an accessible location.
The board of civil authority must take reasonable measures to
ensure that disabled and elderly voters may conveniently and secretly
cast their votes. If it is not possible to hold the election in an
accessible location, election officials must be permitted to carry a
ballot to an elderly or disabled person in order to permit that person
to mark his or her ballot while in a motor vehicle adjacent to the
polling place. 17 V.S.A. § 2502.
A voter who declares to the presiding officer that he or she needs
assistance to vote may bring a person of his or her choice into the
voting booth (so long as it is not the voter’s employer or union
representative) or the voter can ask the presiding officer to direct
elections officials to assist the voter. Those rendering assistance
may not divulge information about the choice of the voter or manner in
which the vote was cast. 17 V.S.A. § 2569.
Election of Officers
In order to be elected as a write-in candidate in an Australian
Ballot election when no other candidate has received a greater number
of votes, a candidate must receive 30 votes or the votes of 1% of the
registered voters of the town, whichever is less. 17 V.S.A. § 2682
(c).
The offices of selectboard, lister and auditor must be elected by
paper ballot (unless it is done by Australian ballot). The offices of
road commissioner and water commissioner, if elected, must also be
elected by paper ballot. 17 V.S.A. § 2646.
When there is a single candidate, unless any voter opposes this,
the town may agree to ask the clerk to cast one ballot for the
candidate. 17 V.S.A. § 2660(b).
A majority of those present and voting is required to elect an
officer by paper ballot (unless the vote is by Australian Ballot.)
This means that if there are three candidates, none of whom receive a
majority of the votes by the third ballot, you must eliminate the
candidate with the least votes and repeat the procedure until someone
receives a majority of the votes. 17 V.S.A. § 2660(c).
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February
2004 Calendar |
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February 1:
· Deadline for Tax Collector to turn over
moneys collected and settle account with Treasurer. 24:1532
· Last day for Listers to file corrected
grand list for preceding year in order to render it valid. 32:4112
· Last day to hold first public hearing on
charter amendments if article is to be voted at Town Meeting.
17:2645(a)(3)
· (Not less than 30 days before Town
Meeting) Last day for municipality to post warning and notice of
Town Meeting and notice of Presidential Primary for Major Party
Candidates. Instructions for voting procedures and contact
information shall also be posted. 17:2641(a), 2642, 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, 2521(a)
February 6: (25 days before Town Meeting) Auditors must meet by
this date to examine and adjust town finances. 24:1681 Town officers
must settle accounts with Auditors to be eligible for re-election.
24:992
February 11:
· (In towns using Australian Ballot 20 days
before election) Under direction of the Town Clerk, ballots must be
back from printer. 17:2681a(a)
· (Not later than 20 days prior to Special
Primary Election) Last day for Town Clerk to post sample ballots in
the same places Clerk has previously posted copies of the warning,
notice and checklist. 17:2522(a)
February 12: Lincoln’s Birthday. 1:371
February 16: Washington’s Birthday. 1:371
February 20: 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. 17:2680(g)
February 21:
· (At least 10 days before Annual Meeting)
Auditors’ Report, or the findings of the public accountant employed
in accordance with 17:2651(b), must be distributed. 24:1682,
17:2651b Selectboard must mail or otherwise distribute Town Meeting
warning in annual town report by this date to avoid publishing
warning in newspaper. 17:2641(b)
· (Not later than 10 days before local
election) Last day for Town Clerk to post sample ballots in the same
places Clerk has 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)
February 23:
· (Second Monday 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 for Town Clerk to
receive a request for an application for addition to the checklist
simultaneously with a request for an early voter or absentee ballot.
17:2532(b)(c), 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)
· (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. If a filing deadline falls on a Saturday, Sunday
or legal holiday, then the deadline shall be extended to the next
business day. 17:2822, 2103(13)
· (During the eight days before and on the
day of the election) In towns using Australian Ballot, Town Clerk
must divide the list of ill and physically disabled applicants into
as many equal parts as there are pairs of designated justices, and
deliver those lists to the justices, together with early or absentee
ballots and envelopes. 17:2538(b)(c)
February 26:
· (At least five days before Town Meeting)
Last day for Town Clerk to forward to Board of Civil Authority a
list of voters added to the checklist. 17:2144b(d)
· (Five days before Town Meeting) Treasurer
must settle accounts with Auditors. 24:1578
· Town Meeting Warning must be published in
newspaper by this date if town report has not been distributed
otherwise. 17:2641(b)
February 28: (At least three days prior to 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)
February 28-29: (On any of the three days immediately
preceding the first Tuesday in March) Towns that have voted to do so
must hold the open meeting portion of their annual Town Meeting (at
a time set by the Selectboard). 17:2640(b)(c)
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March 2004 Calendar |
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March 1:
· In towns using Australian
Ballot, an early or absentee voter, or an authorized family member
or health care provider acting on the voter’s behalf, may request an
early voter absentee ballot until 5:00 p.m. or the closing of the
Town Clerk’s office. 17:2531(a), 2532(a)
· Board of Civil Authority
must appoint a Presiding Officer if the Town Clerk or other regular
Presiding Officer is unable to preside at the Australian Ballot
portion of Town Meeting 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 to work at the polling place(s) and may provide them with
guidance in the conduct of their election duties. 17:2451, 17:2454
· Last day for Board of Civil
Authority to meet to revise checklist before Town Meeting. 17:2142
· Last day for legislative
body to hold public informational hearing on any public question to
be voted by Australian Ballot at Town Meeting. 17:2680(g)
March 2:
· TOWN MEETING DAY and
PRESIDENTIAL PRIMARY (First Tuesday in March). 1:371, 17:2640(a),
17:2701
· At all elections using the
Australian Ballot system the polls shall open no earlier than 5:00
a.m. and no later than 10:00 a.m. (Opening hour set by the Board of
Civil Authority) Polls remain open until 7:00 p.m. 17:2494, 17:2561,
17:2561(a)
· (Before polls open) In towns
using Australian Ballot, Town Clerk must give Election Officials a
list of those voters who have already cast early or absentee voter
ballots, post the warning, notice, and sample ballot of each polling
place(s). 17:2548(a). 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 Town Meeting and
had notified the Town Clerk of intent to apply for addition to the
checklist, the Town Clerk may act on applications until polls are
closed. 17:2144(c), 2144b(b)
· Moderator opens business for
the open meeting at the time established by legislative body.
17:2655, 2657
· In towns using Australian
Ballot, 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. Presiding Officer directs
Election Officials in counting ballots. Election Officials must seal
all ballots, exit checklist(s) (or read-out sheets and other voting
machine materials) and tally sheets. 17:2581 to 2590.
March 3: (No later than 24 hours after polls closed) 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
March 4:
· (Within two days after polls
closed) Town Clerk must notify each provisional voter of acceptance
or reasons for rejection of voter’s attestation. 17:2557(b)
· (Within 48 hours after polls
closed) Town Clerk shall deliver to the Secretary of State one
certified copy of the official return of vote form for the
Presidential Primary. 17:2588
March 7: (Within five days after Town Meeting) Town Clerk must
certify financial actions of Town Meeting to Treasurer and to Chair of
the Selectboard. 24:1167
March 8: (Within six days after Town Meeting) Town Clerk is to
report to the Director of Property Valuation and Review on method
adopted at Town Meeting for collection of taxes. 32:5167
March 9: (Within seven days after election) Last day for
Selectboard or Town Clerk to warn a run-off election if there was a
tie vote for any Australian Ballot race at Town Meeting. 17:2682(e)
March 12:
· (Within 10 days after
election) Last day for a defeated local candidate requesting recount
of an election voted by Australian Ballot to file a petition with
the Town Clerk. 17:2683
· (Within 10 days after the
election) Deadline for a voter to file a request for a recount with
the Town Clerk of any issue voted by Australian Ballot. 17:2688
· (Within 10 days after Town
Meeting) Last day for Town Clerk to certify to Secretary of State
facts of origin and procedure followed for each municipal charter
amendment proposal. Clerk shall also certify the result of any vote
required before an act of the General Assembly takes effect.
17:2663, 2645(b)
· Last day for a local
candidate who has made expenditures or accepted contributions of
$500 or more to file a campaign finance report with the Town Clerk.
17:2822
March 17: (Within 15 days after an election) Last day a voter
may contest the results of an Australian Ballot local election by
filing a complaint with Superior Court. 17:2603(c)
March 18: (15 days after the warning of the run-off election)
First day a run-off election may be held. 17:2682(e)
March 31: (22 days after warning; warning within seven days
after election) Last day a run-off election may be held. 17:2682(e)
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