reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2546b. Early voting in town clerk’s office; deposit into vote tabulator

§ 2546b. Early voting in town clerk’s office; deposit into vote tabulator
(a)(1) A board of civil authority may vote to permit its town’s registered early or absentee voters to vote in the town clerk’s office in the same manner as those voting on election day by marking their early voter absentee ballots and depositing them into a vote tabulator or secure ballot box.
(2) If a board of civil authority votes to permit early voting as described in subdivision (1) of this subsection, the town’s process for conducting this early voting shall conform to the provisions of this section and to procedures that the Secretary of State shall adopt for this purpose.
(b)(1) During business hours in the town clerk’s office, the secure ballot box or vote tabulator and ballot bin shall be in a secured area accessible only to election officials and voters. The vote tabulator unit shall be secured with an identifiable seal and the ballot box containing voted ballots shall remain locked at all times and secured with an identifiable seal. Neither seal shall be broken prior to the time of closing the polls on election day.
(2) Once early voting has commenced in the town clerk’s office, the town clerk or designee shall certify each day in a record prepared for this purpose that the seals on the vote tabulator and secure ballot box are intact.
(3) When an election official is not present or at times other than business hours, the secure ballot box or sealed vote tabulator and ballot bin shall be secured in the town clerk’s office vault.
(4) The town clerk shall maintain a record of each early or absentee voter who voted in person in accordance with this section and shall mark these voters as having voted early in the clerk’s office in the online election management system.
(c) On the day of the election:
(1) The secure ballot box or sealed vote tabulator and ballot bin shall be transferred to the polling place on election day by two election officials and shall not be opened until the polls have closed on election day.
(2) When the vote tabulator is turned on at the polling place, the town clerk shall verify that the number of ballots that the vote tabulator displays as having been counted matches the number of voters who deposited their early voter absentee ballots in the vote tabulator in accordance with this section and any early voter absentee ballots that were processed and deposited in the vote tabulator under section 2546a of this subchapter.
(3) All early voter absentee ballots shall be commingled with those voted at the polls on election day prior to being examined for the purpose of identifying write-in votes. (Added 2019, No. 67, § 14, eff. July 1, 2020; amended 2021, No. 60, § 15, eff. June 7, 2021.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2548. Voting in person

§ 2548. Voting in person
(a) Prior to the opening of the polls, the municipal clerk shall provide the election officials of each polling place with a list of the names of all persons who have voted early in the clerk’s office or marked and returned early voter absentee ballots, and these persons shall not thereafter vote in person in the same election.
(b)(1) A voter who has been issued an early ballot, either by the Secretary of State’s office pursuant to section 2537a of this subchapter or otherwise by the town clerk, but who has not returned the voter’s voted ballot to the clerk, may vote in person at the polling place on election day.
(2) If the voter brings the voter’s marked ballot enclosed in the signed certificate envelope, the voter may submit that certificate envelope containing the voted ballot to the entrance checklist official for processing along with any other early or absentee ballots. The voter shall be marked off the checklist and the clerk shall record the voter as having returned the absentee ballot on election day in the online election management system.
(3) If the voter brings the marked ballot, but it is not enclosed in the certificate envelope, the voter shall be marked off the checklist and be allowed to cast that ballot into the secure ballot box or tabulator in the same manner as other voters who are voting in the polling place. The clerk shall record any such voter as having voted in person on election day in the online election management system.
(4) If the voter brings the unmarked ballot, the voter shall be marked off the checklist and allowed to proceed to a voting booth to mark that ballot and cast it into the ballot box or tabulator in the same manner as other voters who are voting in the polling place. The presiding officer may choose to provide any such voter with a new ballot in exchange for the unvoted ballot that the voter brought to the polls. The clerk shall record any such voter as having voted in person on election day in the online election management system.
(5) If the voter does not bring a marked or an unmarked ballot with them to the polls, the voter shall be required to sign an affidavit that the voter has not previously cast a ballot in the election and only then shall they be checked off the checklist and allowed to vote in the same manner as all other voters who are voting at the polling place. The clerk shall record any such voter as having voted in person on election day in the online election management system. Any affidavits signed by voters at the polling place pursuant to this section shall be retained for a period of 90 days following the election. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 2001, No. 6, § 12(a), (b), eff. April 10, 2001; 2007, No. 54, § 8c; 2017, No. 50, § 35; 2021, No. 60, § 17, eff. June 7, 2021.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2549. Use of federal war ballot

§ 2549. Use of federal war ballot
In addition to and supplementing the provisions of this title, the provisions of any federal statute for a federal war ballot and for procedures affecting and facilitating voting by members of the military service of the United States are hereby authorized for use in this State. (Added 1977, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2550. Early or absentee voters deemed “present and voting”

§ 2550. Early or absentee voters deemed “present and voting”
A voter voting by early voter absentee ballot shall be deemed as “present and voting,” for purposes of any provision in which the phrase “present and voting” is used in the Vermont Statutes Annotated or in the acts of the General Assembly. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 2001, No. 6, § 12(a), (b), eff. April 10, 2001.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2555. Provisional ballot envelopes

§ 2555. Provisional ballot envelopes
The clerk shall deliver to each polling place on the date of the election a sufficient number of provisional ballot envelopes printed with a voter attestation. The attestation shall include:
(1) A statement informing the applicant of the requirements for voter eligibility set forth in section 2121 of this title and space for the provisional voter to provide the information necessary for the town clerk to determine eligibility, including a place for the applicant to swear or affirm, by checking the appropriate box, that he or she meets all voter eligibility requirements set forth in section 2121 of this title and the signature of the provisional voter signed under penalty of perjury. In addition, the attestation shall include the following information:
(A) The provisional voter’s place and date of birth.
(B) The provisional voter’s town of legal residence.
(C) The provisional voter’s street address or a description of the physical location of the applicant’s residence. The description must contain sufficient information so that the town clerk can determine whether the applicant is a resident of the town.
(2) An attestation by the provisional voter that he or she submitted a properly completed voter application form. The attestation shall be signed by the provisional voter under penalty of perjury.
(3) Space on the application for documentation of the town clerk’s action.
(4) A statement informing the provisional voter: “If you choose to vote by provisional ballot, after the close of the polls, the town clerk will determine whether you meet all eligibility requirements. If the clerk denies your application, he or she will inform you that the application has been denied.” (Added 2003, No. 59, § 30, eff. June 7, 2003; amended 2015, No. 44, § 11, eff. Jan. 1, 2017; 2017, No. 50, § 36.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2556. Provisional voting

§ 2556. Provisional voting
(a) If an individual’s name does not appear on the checklist and the individual claims to have submitted an application for the checklist and refuses to complete a new application in accordance with subdivision 2563(2) of this chapter, or if the individual’s registration application has been rejected and the individual disputes that rejection, the election official shall allow the individual to vote provisionally.
(b) The provisional voter shall be given a ballot and an envelope with an attestation printed upon it, as described in section 2555 of this title, and shall complete the attestation on the envelope. Upon completion, the provisional voter shall seal the envelope and deposit it in a ballot box marked for the receipt of provisional ballots.
(c) A provisional voter who makes a false statement in completing the attestation, knowing the statement to be false, shall be subject to the penalties of perjury as provided in 13 V.S.A. chapter 65. (Added 2003, No. 59, § 30, eff. June 7, 2003; amended 2007, No. 54, § 9; 2015, No. 44, § 12, eff. Jan. 1, 2017.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2557. Town clerk approval of provisional voter attestation

§ 2557. Town clerk approval of provisional voter attestation
(a) The town clerk may make such investigation as he or she deems proper to verify any fact stated in the application. In making the determination whether to accept the provisional voter’s attestation, the town clerk shall determine whether the applicant meets all of the registration eligibility requirements. However, the town clerk may not require a provisional voter to complete any form other than that approved under section 2555 of this title; nor may the board of civil authority require all provisional voters or any particular class or group of provisional voters to appear personally before a meeting of the board or routinely or as a matter of policy require provisional voters to submit additional information to verify or otherwise support the information contained in the attestation.
(b) Within two days after the close of the polls, the town clerk shall inform each provisional voter of his or her action on a provisional voter’s attestation. If the clerk rejects a provisional voter, the clerk shall also notify the provisional voter immediately of his or her reasons by first-class mail directed to the address given in the application.
(c) When the town clerk approves a provisional voter’s attestation, the town clerk shall note his or her approval in the space provided on the envelope, photocopy the affidavit from all provisional envelopes, place all provisional envelopes with the official return of vote, and send all information to the Secretary of State in a manner prescribed by the Secretary.
(d) Upon receipt of the official return of vote that contains provisional envelopes from any town clerk, the Secretary shall open all envelopes that were approved by the municipal clerk, deposit the ballot in a ballot box, and count all approved ballots, adding the totals to the statewide count for federal offices. (Added 2003, No. 59, § 30, eff. June 7, 2003.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2561. Hours of voting; extended hours

§ 2561. Hours of voting; extended hours
(a) At all elections using the Australian ballot system, the polls may open no earlier than 5:00 a.m. and shall open no later than 10:00 a.m. as set by the board of civil authority in each town. The polls in all polling places shall close at 7:00 p.m.
(b) If at the hour of closing there are any qualified voters at the polling place desiring to vote, who have been unable to do so since appearing there, the polls shall be kept open long enough after the hour of closing to allow those present a reasonable opportunity to vote. A person not present at the hour of closing shall not be entitled to vote, although the polls may not actually be closed when he or she arrives. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 75; 2003, No. 59, § 31; 2007, No. 121 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2562. Presiding officer to assign duties to election officials

§ 2562. Presiding officer to assign duties to election officials
At each polling place, the presiding officer shall assign specific duties to each election official present. Insofar as practical, he or she shall assign election officials to work in pairs, with each pair containing members from different political parties. (Added 1977, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2563. Admitting voter

§ 2563. Admitting voter
Before a person may be admitted to vote, he or she shall announce his or her name and, if requested, his or her place of residence in a clear and audible tone of voice, or present his or her name in writing, or otherwise identify himself or herself by appropriate documentation. The election officials attending the entrance of the polling place shall then verify that the person’s name appears on the checklist for the polling place.
(1) If the name does appear, and if no one immediately challenges the person’s right to vote on grounds of identity or having previously voted in the same election, the election officials shall repeat the name of the person and:
(A)(i) If the checklist indicates that the person is a first-time voter in the municipality who registered by mail or online, whose driver’s license, nondriver identification number, or last four digits of his or her Social Security number provided by the applicant have not been verified by the Secretary of State, and who has not provided required identification before the opening of the polls, require the person to present any one of the following: a valid photo identification; a copy of a current utility bill; a copy of a current bank statement; or a copy of a government check, paycheck, or any other government document that shows the current name and address of the voter.
(ii) If the person is unable to produce the required information, the person shall be afforded the opportunity to complete a new application for addition to the checklist in accordance with section 2144 of this title.
(iii) The election officials shall note upon the checklist a first-time voter in the municipality who has registered by mail and who produces the required information, and place a mark next to the voter’s name on the checklist and allow the voter to proceed to the voting booth for the purpose of voting.
(B) If the voter is not a first-time voter in the municipality, no identification shall be required. The clerk shall place a check next to the voter’s name on the checklist and allow the voter to proceed to the voting booth for the purpose of voting.
(2) If the name does not appear, the person shall be afforded the opportunity to complete an application for addition to the checklist in accordance with section 2144 of this title. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1981, No. 239 (Adj. Sess.), § 44; 2003, No. 59, § 32; 2015, No. 44, § 13, eff. Jan. 1, 2017; 2017, No. 50, § 37.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2564. Challenges

§ 2564. Challenges
(a)(1)(A) Each organized political party, each candidate on the ballot not representing an organized political party, and each committee supporting or opposing any public question on the ballot shall have the right to have not more than two representatives for each voting district, in a polling place but outside the guardrail, for the purpose of observing the voting process and challenging the right of any person to vote.
(B) In no event shall such representatives be permitted to interfere with the orderly conduct of the election, and the presiding officer shall have authority to impose reasonable rules for the preservation of order.
(C) However, in all cases the representatives shall have the right to hear or see the name of a person seeking to vote, and they shall have the right to make an immediate challenge to a person’s right to vote.
(2) The grounds of challenge of a person whose name appears on the checklist shall be only:
(A) that he or she is not, in fact, the person whose name appears on the checklist; or
(B) that he or she has previously voted in the same election.
(b) If a challenge is issued, the members of the board of civil authority present in the polling place shall immediately convene, informally hear the facts, and decide whether the challenge should be sustained.
(1) If the board overrules the challenge, the person shall immediately be admitted within the guardrail and permitted to vote.
(2) If the board sustains the challenge, the person shall not be admitted unless, before the polls close, he or she shall obtain a court order directing that he or she be permitted to vote. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 2017, No. 50, § 38.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2565. Delivery of ballots

§ 2565. Delivery of ballots
Except as otherwise provided in subsection 2548(b) of this title, as each voter passes through the entrance of the guardrail, an election official or officials shall hand him or her one of each kind of ballot. The election officials shall also answer any questions a voter may ask concerning the process of voting. The presiding officer shall keep the election officials in charge of furnishing ballots to voters supplied with a sufficient number of blank ballots, keeping the remainder of the blank ballots safely secured until needed. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 76; 2013, No. 161 (Adj. Sess.), § 71; 2021, No. 60, § 18, eff. June 7, 2021.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2566. Marking ballots

§ 2566. Marking ballots
Except as provided in subdivision 2548(b)(2) of this title, on receiving his or her ballots, the voter shall forthwith, and without leaving the polling place or going outside the guardrail, proceed to one of the booths not occupied by any other person and vote by filling in the appropriate square or oval opposite the name of the candidate of his or her choice for each office, or by writing in the name of the candidate of his or her choice in the blank space provided and filling in the square or oval to the right of that blank space. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 2015, No. 30, § 15, eff. May 26, 2015; 2017, No. 50, § 39; 2021, No. 60, § 19, eff. June 7, 2021.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2567. Voting systems for voters with disabilities

§ 2567. Voting systems for voters with disabilities
(a) [Repealed.]
(b) All polling places shall possess at least one voting system approved by the Secretary of State equipped for individuals with disabilities, including accessibility for people who are blind and people who have a visual impairment, to vote independently and privately. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 2003, No. 59, § 33, eff. Jan. 1, 2006; 2013, No. 96 (Adj. Sess.), § 84; 2013, No. 161 (Adj. Sess.), § 30.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2568. Removing ballots from polling place; replacement and unused ballots

§ 2568. Removing ballots from polling place; replacement and unused ballots
(a) Removing ballots from polling place. A person shall not take or remove a ballot from the polling place before the close of the polls.
(b) Replacement ballots.
(1) If a voter desires a replacement ballot, he or she may obtain another, not exceeding three in all, upon each time returning to an election official the previous ballot he or she was provided.
(2) If a ballot is returned to an election official by a voter desiring a replacement ballot, the ballot returned by the voter shall be immediately delivered to the presiding officer or his or her designee, who shall tear it in half and place it in an envelope containing all ballots returned by the voters that is clearly marked “Do Not Count—Replaced Ballots.” At the close of the polls, this envelope shall be sealed and delivered to the clerk pursuant to section 2590 of this chapter.
(c) Unused ballots. Ballots originally delivered to the presiding officer that remain undistributed to the voters shall be preserved and returned to the town clerks, and following the election, they may be destroyed or distributed by the town clerk for educational purposes or for any other purpose the town clerk deems appropriate. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 2017, No. 50, § 40; 2019, No. 67, § 15.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2569. Assistance to voter

§ 2569. Assistance to voter
(a) A voter who declares to the presiding officer that he or she needs assistance to mark the ballot shall be assisted in the marking or registering of the ballot by a person of the voter’s choice or two election officials of different party affiliations.
(b) A person who gives assistance to a voter in the marking of his or her ballot shall not in any way divulge any information regarding the choice of the voter or the manner in which the voter’s ballot was cast. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1985, No. 196 (Adj. Sess.), § 1; 1989, No. 200 (Adj. Sess.), § 4; 2003, No. 59, § 34; 2015, No. 30, § 16, eff. May 26, 2015.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2570. Depositing ballots

§ 2570. Depositing ballots
(a) In primary elections, the voter shall first hand any unvoted primary ballots to the appropriate election official, who shall deposit those ballots in a receptacle marked for unvoted primary ballots. The voter shall then deposit the voted ballot in the ballot box or vote tabulator, unless the voter requires assistance in depositing the ballot.
(b) In all other elections, the voter shall, without displaying the marks thereon and under the supervision of an election official, deposit each ballot into the proper ballot box or in the vote tabulator.
(c) Except as provided in section 2569 of this title, no election official or other person shall look at the contents of any ballot. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 77; 2015, No. 30, § 17, eff. May 26, 2015; 2017, No. 50, § 41.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2571. Checking voter’s name upon leaving

§ 2571. Checking voter’s name upon leaving
In towns that have exit checklists, before a voter’s ballots are deposited, he or she shall again announce his or her name to the election officials attending the second certified copy of the checklist. A mark shall then be placed next to his or her name upon the checklist, ballots shall be deposited and he or she shall proceed immediately outside the guardrail by the exit and shall not again enter within the guardrail unless he or she is an election official. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 78; 2001, No. 5, § 8.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2572. Viewing of the checklist

§ 2572. Viewing of the checklist
(a) A representative of each political party, a candidate on the ballot not represented by a political party, and a representative of each committee supporting or opposing any public question on the ballot shall each have the right to view, no more than two times each, a copy of the checklist upon which the election officials are marking those persons who have voted.
(b) This viewing shall occur only at times during the election that are convenient for the election officials and is required to be permitted only in instances where the board of civil authority have received a request in writing from the representative or candidate at least 12 hours before the opening of the polls.
(c) This section shall only apply at polling places that have checklists of eligible voters numbering 500 or less. (Added 1977, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2573. No counting before polls close

§ 2573. No counting before polls close
In towns that do not use vote tabulators, the ballot boxes shall not be opened nor the ballots counted before the closing of the polls. In towns using vote tabulators, the tabulator counts shall not be viewed or printed before the closing of the polls. (Added 1979, No. 200 (Adj. Sess.), § 79; amended 2003, No. 59, § 35; 2013, No. 161 (Adj. Sess.), § 31.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2581. Closing polls

§ 2581. Closing polls
When the hours set for voting, including extended hours of voting, have expired, the presiding officer at each polling place shall publicly announce that the polls are closed. He or she shall then ensure that all persons who are not election officials are prevented from entering within the guardrail until all votes have been counted and ballots secured as provided in this subchapter. Persons who are not election officials may remain within the polling place but outside the guardrail, or within a designated area in any other room where ballots are being counted, provided that they are able to observe the counting process, but that they do not in any way interfere with the orderly count and return of votes. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 80.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2582. Presiding officer to direct count; transporting ballots or checklist

§ 2582. Presiding officer to direct count; transporting ballots or checklist
The presiding officer shall direct the manner in which the votes are counted, subject to the provisions of this title and as provided for in the rules for counting ballots adopted by the Secretary of State. Ballots shall be counted at the polling places where they are cast, except where the Secretary of State, upon request of the presiding officer, has issued a determination that the ballots should be counted elsewhere, or the checklist should be moved by two elections officials of different parties for the purpose of making a photocopy. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 81; 1981, No. 239 (Adj. Sess.), § 30; 2003, No. 59, § 36.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2583. Official checklist to be tallied; storage of checklist

§ 2583. Official checklist to be tallied; storage of checklist
(a)(1) The presiding officer, as soon after the closing of the polls as possible, shall cause both certified checklists to be examined and the number of voters checked as having voted to be tallied. Both tallies shall be recorded by the presiding officer. The presiding officer shall prepare a statement listing any discrepancies between the checklists, including the names involved and other details relating to the discrepancies.
(2) Unless the board of civil authority votes not to use an exit checklist under section 2507 of this chapter, each checklist shall be identified as either the “entrance” or “exit” checklist, and the exit checklist, together with a statement of discrepancies, shall be sealed and stored with the ballots and tally sheets as provided in section 2590 of this chapter. The entrance checklist shall be safely stored so that the public cannot have access to it for a period of 90 days except under the direct supervision of the town clerk.
(b) [Repealed.] (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 82; 1985, No. 196 (Adj. Sess.), § 3; 2003, No. 59, § 37; 2013, No. 161 (Adj. Sess.), § 32.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2584. Opening of ballot boxes; distribution of ballots

§ 2584. Opening of ballot boxes; distribution of ballots
After the closing of the polls, the presiding officer shall open the ballot boxes and distribute the ballots among the election officials in approximately equal numbers. As nearly as may be, election officials shall work in pairs while counting ballots, each pair consisting of members of different parties. Once ballots are distributed to a pair of election officials, that pair shall retain the same ballots throughout the counting process. If more than one kind of ballot has been used in the election, only one kind at a time shall be distributed. (Added 1977, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2585. Ballots not to be written upon

§ 2585. Ballots not to be written upon
No person shall in any manner, nor for any reason, make any mark upon either the face or reverse side of any ballots, during the counting process. All notations, arithmetic, or other marking shall be done upon separate pieces of scratch paper. (Added 1977, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2586. Tally sheets; summary sheets; returns

§ 2586. Tally sheets; summary sheets; returns
The Secretary of State shall design, prepare, and distribute a sufficient supply of the following forms, which may be used in each polling place during the counting process:
(1) Tally sheets.
(A) These sheets shall provide a place to identify the office or question for which the ballots are being counted, the name of each candidate for that office, and the signature of the pair of election officials actually counting the ballots.
(B) Votes for each candidate or question shall be recorded on the tally sheets by means of “tick” marks or some other convenient system, and the total shall then be written on the tally sheet.
(C) Blank votes (undervotes) and overvotes shall be indicated.
(D) In towns that count ballots by hand, all votes must be accounted for on the tally sheets.
(2) Summary sheets. These sheets shall be used to record the totals shown on all tally sheets in the polling place for each office or public question, and the sum of such totals. They shall provide a place to identify the office or public question, the candidates, and the signatures of the presiding officer and at least one other election official.
(3) Return. The return shall be prepared in duplicate and used to make the official report from each polling place of the grand totals of all votes cast in the polling place. It shall identify the polling place, and each candidate or question receiving votes, and shall be signed by the presiding officer and at least one other election official. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 2017, No. 50, § 42.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2589. Identifying ballots

§ 2589. Identifying ballots
When each kind of ballot has been completely counted, each pair of election officials shall securely bind the ballots they have counted and one copy of each tally sheet they have prepared with string or rubber bands and shall, on a separate piece of paper, indicate the number of ballots in the package and the identity of the election officials who counted them, as: “100 ballots counted by John Doe and Mary Smith.” (Added 1977, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2591. Return not received

§ 2591. Return not received
If any canvassing committee does not receive in due time any return required to be forwarded to it, it shall notify the clerk of the town from which the return is lacking, who shall forthwith make another certified copy of the record in his or her office of the lacking return and transmit the same to the committee. (Added 1977, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2593. Participation to be entered on statewide checklist by town clerk

§ 2593. Participation to be entered on statewide checklist by town clerk
Not later than 60 days after an annual town meeting, primary election, presidential primary, or general election, the town clerk shall indicate on the town checklist of the statewide checklist each voter’s participation, participation method, and political party of ballot taken, if applicable, in that election by a method approved by the Secretary of State. (Added 2007, No. 54, § 11; amended 2013, No. 161 (Adj. Sess.), § 41, eff. July 1, 2015; 2015, No. 30, § 19.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2601. Recount threshold

§ 2601. Recount threshold
(a)(1) In an election for federal office, statewide office, county office, or State Senator, if the difference between the number of votes cast for a winning candidate and the number of votes cast for a losing candidate is two percent or less of the total votes cast for all the candidates for an office, divided by the number of persons to be elected, that losing candidate shall have the right to have the votes for that office recounted.
(2) In an election for State Representative, if the difference between the number of votes cast for a winning candidate and the number of votes cast for a losing candidate is five percent or less of the total votes cast for all the candidates for an office, divided by the number of persons to be elected, that losing candidate shall have the right to have the votes for that office recounted.
(b) In the case of a recount for a local election, the threshold and procedures for conducting the recount shall be as provided in chapter 55, subchapter 3 of this title. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 89; 2009, No. 98 (Adj. Sess.), § 2, eff. May 10, 2010; 2013, No. 161 (Adj. Sess.), § 42; 2017, No. 50, § 1; 2019, No. 67, § 16.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2602. Petitions for recounts; setting date of recount

§ 2602. Petitions for recounts; setting date of recount
(a) [Repealed.]
(b) In the case of recounts described in subsection 2601(a) of this subchapter, the following procedure shall apply.
(1) A petition for a recount shall be filed within seven calendar days after the election.
(2) The petition shall be filed with:
(A) the Civil Division of the Superior Court, Washington County, in the case of candidates for State or congressional office, or for a presidential election; or
(B) the Superior Court in any county in which votes were cast for the office to be recounted, in the case of any other office.
(3) The petition shall be supported, if possible, by a certified copy of the certificate of election prepared by the canvassing committee, verifying the total number of votes cast and the number of votes cast for each candidate.
(c)(1) The Superior Court shall:
(A) set the date of the recount to be:
(i) five business days after the court receives the petition, in the case of a primary recount; or
(ii) 10 business days after the court receives the petition, in the case of a general election recount; and
(B) notify all candidates of the recount date no later than the next business day after the petition is received.
(2)(A) The Superior Court shall forward a copy of the petition to the county clerk.
(B) The court shall order the town clerk or clerks having custody of the ballots to be recounted or their designees to transport the ballots and a copy of the entrance checklist from the election to be recounted to the county clerks of their respective counties before the day set for the recount.
(C) The county clerk shall store all ballots, still in their sealed containers, in his or her vault until the day of the recount.
(d)-(i) [Repealed.] (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), §§ 90-93; 1985, No. 148 (Adj. Sess.), §§ 3, 4; 1985, No. 196 (Adj. Sess.), § 16; 1989, No. 211 (Adj. Sess.), § 5; 2007, No. 54, § 13; 2009, No. 154 (Adj. Sess.), § 140; 2013, No. 161 (Adj. Sess.), § 42; 2017, No. 50, § 1.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2602a. Appointment of recount committee

§ 2602a. Appointment of recount committee
(a)(1) Upon receipt of a petition, the county clerk shall notify all candidates for the office that is the subject of the recount, advising them to each submit immediately a list of a minimum of 10 nominees for individuals to serve on a recount committee.
(2)(A) If a list of nominees is not delivered to the county clerk within two business days, the clerk shall notify the appropriate candidates that they have 24 hours to submit lists of nominees for individuals to serve on the recount committee.
(B) If the petitioning candidate fails to submit a complete list of nominees by this deadline, the recount shall not move forward.
(C) If any other candidate fails to submit a complete list of nominees, the county clerk shall request additional nominees from the other candidates.
(b)(1) The Superior Court shall make a minimum of 12 appointments to the recount committee from among those nominated under this section, with the number of appointments based on the number of votes to be recounted and a goal of completing the recount within one day.
(2) In making these appointments, the court shall appoint an equal number of persons representing each candidate, to the extent practicable. (Added 1985, No. 148 (Adj. Sess.), § 5; amended 2009, No. 40, § 3, eff. May 26, 2009; 2013, No. 161 (Adj. Sess.), § 42; 2017, No. 50, § 1.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2602b. Assignment of duties; recount materials

§ 2602b. Assignment of duties; recount materials
(a)(1) The county clerk, with the support of the Secretary of State, shall supervise the recount and shall recruit town clerks or their designees to serve as impartial assistants to the county clerk for operating the vote tabulators and shall consult with the Secretary of State to identify any vote tabulators to be used.
(2) The county clerk may appoint a sufficient number of additional impartial assistants to perform tasks that have not been assigned to recount committee members.
(3) On each day of the recount, the town clerk of any town subject to the recount shall be available to the county clerk in person or by telephone to answer any questions the county clerk may have regarding that town’s election.
(b)(1) The county clerk shall assign committee members to the following teams:
(A) counting teams comprising at least four persons each, consisting of an equal number of persons representing each candidate, to the extent possible;
(B) one vote tabulator team, comprising two persons, each of whom represents a different candidate; and
(C) one clerk observer team, comprising two persons, one of whom is from the list of the petitioning candidate and one of whom, if possible, is from the list of the winning candidate who received the lowest number of votes.
(2) Any additional team members shall remain unassigned and shall be used as necessary on the day of the recount.
(c) The Secretary of State shall provide to the recount committee:
(1) fresh seals, manila tags, tally sheets, summary sheets for each town, and other material deemed appropriate by the Secretary of State; and
(2) the official return of votes for each town subject to the recount. (Added 1985, No. 148 (Adj. Sess.), § 5; amended 2013, No. 161 (Adj. Sess.), § 42; 2015, No. 30, § 20, eff. May 26, 2015; 2017, No. 50, § 1.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2602d. Review of official return of votes; examination of checklist

§ 2602d. Review of official return of votes; examination of checklist
(a)(1) The county clerk shall review the official return of votes for each town, record on the summary sheet for each town the number of ballots counted and the number of voters checked off the checklist on the town’s return, and if those two numbers are the same, the checklist for that town shall not be examined.
(2) If those two numbers for a town are not the same, the checklist may be examined in accordance with the following provisions of this section, if requested by one of the candidates subject to the recount.
(b) The checklist from the first container shall be assigned to a team. Two persons who represent different candidates, each acting independently, shall examine the checklist and determine how many voters voted at the polling place, repeating the process until they agree on a number or until they agree to disagree on a number.
(c) Then the checklist shall be examined by the remaining members of the team, repeating the process until they agree on a number or they agree to disagree on the number.
(d) The results obtained from the two subgroups will be compared and if they do not match, the process shall be repeated until there is agreement among all the members of the team or until team members agree to disagree.
(e) The number finally determined by a majority of team members shall be submitted to the county clerk in the presence of the clerk observer team, together with an indication of the nature and extent of any disagreement.
(f) The county clerk shall note on the summary sheet for the town the number finally determined, together with a note indicating that the number of people appearing as having voted on the checklist was subject to dispute, if one or more team members did not agree with the number submitted. (Added 1985, No. 148 (Adj. Sess.), § 5; amended 2013, No. 161 (Adj. Sess.), § 42; 2017, No. 50, § 1.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2602f. Recount of remaining ballots by vote tabulator

§ 2602f. Recount of remaining ballots by vote tabulator
(a) The vote tabulator team shall operate any vote tabulator used in the recount, with the assistance of the recruited town clerks or designees.
(b) The vote tabulator memory card or cards shall be programmed to read only the votes for the election that is the subject of the recount.
(c)(1) At the same time as any removed ballots are being hand counted, the vote tabulator team shall take any ballots from each container delivered to them and feed them through a vote tabulator.
(2) The vote tabulator team shall attempt to feed ballots into the vote tabulator in the same direction.
(3)(A) If the tabulator refuses a ballot, the vote tabulator team shall announce that occurrence and whether the ballot was counted, and may override that refusal.
(B) If the tabulator continues to refuse the ballot, the vote tabulator team shall announce that occurrence and return it to a counting team for hand counting.
(4) This process shall be used until all ballots from a container have been tabulated by a vote tabulator or otherwise returned to a counting team for hand counting.
(d)(1) This process shall be repeated until all ballots from a town have been fed through a vote tabulator.
(2) If there is more than one container for a town, the tabulator tape shall not be printed until ballots from all containers for that town have been tabulated.
(e)(1) After all ballots from a town have been tabulated by a vote tabulator, the vote tabulator team shall print the tabulator tape containing the unofficial results for that town, and deliver that tabulator tape to the county clerk in the presence of the clerk observer team.
(2) The county clerk shall then record the totals from the tabulator tape onto the summary sheet for the town in the same manner that he or she recorded the individual tally sheet totals from the hand-counted ballots. (Added 1985, No. 148 (Adj. Sess.), § 5; amended 2013, No. 161 (Adj. Sess.), § 42; 2015, No. 30, § 22, eff. May 26, 2015; 2017, No. 50, § 1.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2602h. Completing the tally

§ 2602h. Completing the tally
(a) The county clerk shall return all ballots to their container, seal the container, record the seal number on the summary sheet, and write “recounted” and specify the date of the recount on the tag.
(b) In the presence of the clerk observer team, the county clerk shall add together the hand count and vote tabulator totals for each town, as recorded on the tally sheets and vote tabulator tape submitted to him or her, record those totals on the summary sheet for that town, and affix his or her seal to that summary sheet.
(c)(1) The county clerk shall compare the number of ballots recounted for that town with the number of ballots counted at the town as reported on the official return of votes, and with the number of voters who voted at that town according to the checklist examination, as applicable under section 2602d of this subchapter and recorded by the county clerk on the summary sheet in accordance with that section.
(2) If these numbers differ, the county clerk shall note the amount of the difference on the summary sheets for that town.
(d) If there is more than one town subject to the recount:
(1) this process shall be repeated for each town; and
(2) once all towns have been recounted, the county clerk shall add together the totals from each town and record the total for all towns on a master summary sheet and affix his or her seal to that sheet.
(e) The county clerk shall send the summary sheets for all towns together with any master summary sheet, the ballots marked defective or contained in a defective ballot envelope, and any original ballots containing questionable votes to the court and obtain a receipt for that delivery. (Added 1985, No. 148 (Adj. Sess.), § 5; amended 2013, No. 161 (Adj. Sess.), § 42; 2017, No. 50, § 1.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2602i. Costs

§ 2602i. Costs
(a) Recount committee members and assistants designated by the county clerk shall be paid by the State at the same per diem and mileage rates and according to the same procedures by which jurors are paid.
(b)(1) These and other necessary expenses, as approved by the court, shall be paid by the State through the Court Administrator’s Office.
(2) The Secretary of State shall bear the costs of recounts conducted under this subchapter and shall reimburse the Court Administrator’s Office. (Added 1985, No. 148 (Adj. Sess.), § 5; amended 2013, No. 161 (Adj. Sess.), § 42; 2017, No. 50, § 1.)