reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2602j. Court hearing and judgment

§ 2602j. Court hearing and judgment
(a), (b) [Repealed.]
(c) Candidates and their attorneys shall be given the opportunity to present evidence to the court relating to the conduct of the recount, how to count questionable votes, and the marking of any ballot as defective in accordance with section 2547 or subsection 2587(d) of this title.
(d) On the day of the hearing, the town clerk of any town subject to the recount shall be available in person or by telephone to answer any questions regarding the town’s election.
(e) If the court determines that any violations of recount procedures have occurred and that they may have affected the outcome of the recount, a new recount shall be ordered.
(f) After such hearings or arguments as may be indicated under the circumstances and after it has made a final decision on any questionable votes or defective ballots, the Superior Court, within five working days, shall:
(1) issue a judgment, which shall supersede any certificate of election previously issued;
(2) send a certified copy of the judgment to the Secretary of State; and
(3) return to the county clerk any ballots containing questionable votes and defective ballots that had been forwarded to the court. (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 › § 2602k. Recount ties

§ 2602k. Recount ties
(a)(1) If a recount of a primary election results in a tie, the provisions of subsection 2369(b) of this title shall apply.
(2) If a recount of a public question results in a tie, a runoff election shall not be held, and the question shall be certified not to have passed.
(3) If a recount of a general election results in a tie, the provisions of this section shall apply, and the court shall order a runoff election to be held, within three weeks of the recount, on a date set by the court.
(b) The only candidates who shall appear on the ballot at the runoff election shall be those who tied in the previous election.
(c) The runoff election shall be considered a separate election for the purpose of voter registration under chapter 43 of this title.
(d) [Repealed.]
(e) Warnings for a runoff election shall be posted as required by subchapter 5 of this chapter, except that the warnings shall be posted not less than 10 days before the runoff election.
(f) The conduct of a runoff election shall be as provided in this chapter for general elections. (Added 1985, No. 148 (Adj. Sess.), § 5; amended 2013, No. 161 (Adj. Sess.), § 42; 2017, No. 50, § 1; 2019, No. 67, § 17.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2602m. Storage and return of election materials

§ 2602m. Storage and return of election materials
(a)(1) After the recount, the county clerk shall store the sealed containers and any other recount materials in the county clerk’s vault until returned to the towns.
(2) The county clerk shall release all containers to the respective town clerks after issuance of the court’s judgment, together with a copy of the judgment.
(3) The respective town clerks or their designees shall transport the containers to the towns from which they came.
(b) Upon receiving from the court any ballots containing questionable votes and defective ballots, the county clerk shall keep them in a sealed container for a period of two years. (Added 2017, No. 50, § 1.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2603. Contest of elections

§ 2603. Contest of elections
(a) The result of an election for any office, other than for the General Assembly, or public question may be contested by any legal voter entitled to vote on the office or public question to be contested.
(b) A contest is initiated by filing a complaint with a Superior Court alleging:
(1) that errors were committed in the conduct of the election or in count or return of votes, sufficient to change the ultimate result;
(2) that there was fraud in the electoral process, sufficient to change the ultimate result; or
(3) that for any other reason, the result of the election is not valid.
(c) The complaint shall be filed within 15 days after the election in question, or if there is a recount, within 10 days after the court issues its judgment on the recount. In the case of candidates for State or congressional office, for a presidential election, or for a statewide public question, the complaint shall be filed with the Civil Division of the Superior Court, Washington County. In the case of any other candidate or public question, the complaint shall be filed with the Superior Court in any county in which votes were cast for the office or question being challenged.
(d) The Vermont Rules of Civil Procedure shall apply to contests of elections, except that such cases shall be placed upon a special calendar, and hearings shall be scheduled on a priority basis, as public policy demands that such questions be resolved promptly.
(e) After hearing, the court shall issue findings of fact and a judgment, which shall supersede any certificate of election previously issued. If the court finds just cause, the court shall grant appropriate relief, which may include ordering a recount, or ordering a new election. If during the hearing the court receives credible evidence of criminal conduct, the court shall order a transcript of all or part of the testimony to be forwarded to the proper State’s Attorney. If a new election is ordered, the court shall set a date for it, after consulting with the Secretary of State; in ordering a new election, the court shall have authority to issue appropriate orders, either to provide for special cases not covered by law, or to supersede provisions of law that may conflict with the needs of the particular situation.
(f) The court shall send a certified copy of its findings of fact and judgment to the Secretary of State. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), §§ 94, 95; 1981, No. 239 (Adj. Sess.), § 19; 1985, No. 148 (Adj. Sess.), § 6; 1985, No. 196 (Adj. Sess.), § 15; 2009, No. 154 (Adj. Sess.), § 141.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2605. House of Representatives

§ 2605. House of Representatives
(a) A candidate for the office of Representative to the General Assembly in the general election, or any elected town officer in the representative district, or any 25 voters in the representative district may request the House of Representatives to exercise its constitutional authority to judge the elections and qualifications of its own members, by filing a written request with the Secretary of State specifying the candidate or candidates whose election is being challenged. The request must be filed not later than the latest of the following:
(1) 20 days after the date of the election; or
(2) 10 days after a final court judgment, if there is a recount under section 2602 of this title.
(b)(1) The Secretary of State shall notify the Attorney General, who shall investigate the facts, take such depositions as may be necessary, prepare an opinion on the law and facts, and send his or her report and opinion to the Clerk of the House at least 10 days before the General Assembly convenes.
(2) If the Attorney General needs additional time to conduct the investigation or prepare the report and opinion required by this subsection, he or she shall alert the Clerk of the House of that need and the date by which he or she plans to submit the report and opinion. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 96; 2017, No. 50, § 47.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2606. Senate

§ 2606. Senate
(a) A candidate for the office of State Senator in the general election or any 100 voters in the senatorial district may request the Senate to exercise its constitutional authority to judge the elections and qualifications of its own members by filing a written request with the Secretary of State specifying the candidate or candidates whose election is being challenged. The request must be filed not later than the latest of the following:
(1) 20 days after the date of the election; or
(2) 10 days after a final court judgment, if there is a recount under section 2602 of this title.
(b)(1) The Secretary of State shall notify the Attorney General, who shall investigate the facts, take such depositions as may be necessary, prepare an opinion on the law and facts, and send his or her report and opinion to the Secretary of the Senate at least 10 days before the General Assembly convenes.
(2) If the Attorney General needs additional time to conduct the investigation or prepare the report and opinion required by this subsection, he or she shall alert the Secretary of the Senate of that need and the date by which he or she plans to submit the report and opinion. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 97; 2017, No. 50, § 48.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2607. Canvassing committee

§ 2607. Canvassing committee
The canvassing committee for State and national offices shall meet at 10:00 a.m. one week after the day of election to certify the results of the presidential primary. The chair of each major political party shall be given a copy of the official certificate of votes for the election. (Added 1995, No. 38, § 1.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2616. Jurisdiction to prosecute criminal offenses

§ 2616. Jurisdiction to prosecute criminal offenses
The State’s Attorney in any county in which all or a part of any violation of this title was committed shall have authority to prosecute such violations. The prosecution shall be conducted before the Vermont Criminal Division of the Superior Court. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 238.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 51 - Conduct of Elections › § 2617. Jurisdiction of Superior Courts

§ 2617. Jurisdiction of Superior Courts
In all cases for which no other provision has been made, the Superior Court shall have general jurisdiction to hear and determine matters relating to elections and to fashion appropriate relief. (Added 1977, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 53 - Vacancies › § 2621. Vacancy in office of U.S. Senator or Representative

§ 2621. Vacancy in office of U.S. Senator or Representative
(a) If a vacancy occurs in the office of U.S. Senator or U.S. Representative, the Governor shall call a special election to fill the vacancy. His or her proclamation shall specify a day for the special election and a day for a special primary, pursuant to section 2352 of this title.
(b) The special election shall be held not more than six months from the date the vacancy occurs, except that if the vacancy occurs within six months of a general election, the special election may be held the same day as the general election provided the ballots for the special election are able to be distributed by the deadline set forth in section 2479 of this title. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 2019, No. 67, § 18.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 53 - Vacancies › § 2622. Interim appointment of U.S. Senator

§ 2622. Interim appointment of U.S. Senator
The Governor may make an interim appointment to fill a vacancy in the office of U.S. Senator, pending the filling of the vacancy by special election. (Added 1977, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 53 - Vacancies › § 2623. Vacancies in offices within this State

§ 2623. Vacancies in offices within this State
(a) In the event of a vacancy in any State, county, or legislative office, the Governor may request the political party or parties of the person whose death or resignation created the vacancy to submit one or more recommendations as to a successor. The proper committee to which a request for recommendation shall be directed shall be:
(1) for State officers, the State committee;
(2) for county officers, except justices of the peace and Probate judges, the county committee;
(3) for State Senator, the senatorial district committee;
(4) for State Representative, the representative district committee;
(5) for justice of the peace, the town committee;
(6) for Probate judge, the probate district committee.
(b) The Governor may appoint a qualified person to fill the vacancy for the remaining portion of the term, whether or not the appointee is recommended by the party committee. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1981, No. 239 (Adj. Sess.), § 20; 2013, No. 161 (Adj. Sess.), § 44.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 55 - Local Elections › § 2631. Municipal charters

§ 2631. Municipal charters
(a) Unless otherwise provided by law, when the charter of a municipality provides for procedures other than those established by law, the provisions of that charter shall prevail.
(b) Except as provided in subsection (a) of this section, all provisions of law relating to a municipality shall apply to such a municipality with a charter. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 2005, No. M-13 (Adj. Sess.), § 21; 2017, No. 99 (Adj. Sess.), § 1, eff. April 11, 2018.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 55 - Local Elections › § 2640. Annual meetings

§ 2640. Annual meetings
(a) A meeting of the legal voters of each town shall be held annually on the first Tuesday of March for the election of officers and the transaction of other business, and it may be adjourned to another date. When a municipality fails to hold an annual meeting, a warning for a subsequent meeting shall be issued immediately, and at that meeting all the officers required by law may be elected and its business transacted.
(b) When a town so votes, it may thereafter start its annual meeting on any of the three days immediately preceding the first Tuesday in March at such time as it elects and may transact at that time any business not involving voting by Australian ballot or voting required by law to be by ballot and to be held on the first Tuesday in March. A meeting so started shall be adjourned until the first Tuesday in March.
(c)(1) Notwithstanding section 2508 of this title, public discussion of ballot issues and all other issues appearing in the warning, other than election of candidates, shall be permitted at the annual meeting, regardless of the location of the polling place.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, a candidate for local office nominated from the floor at the annual meeting may introduce his or her candidacy to the extent permitted by the voters at the meeting. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1991, No. 118 (Adj. Sess.), § 1, eff. Feb. 26, 1992; 2007, No. 121 (Adj. Sess.), § 11; 2013, No. 161 (Adj. Sess.), § 45; 2017, No. 50, § 49.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 55 - Local Elections › § 2640a. Representative annual meetings

§ 2640a. Representative annual meetings
(a) A municipality with a population of 5,000 or greater may vote at a special or annual town meeting to establish a representative form of annual or special meeting.
(b)(1) A representative form of annual or special meeting is a meeting of members elected by district to exercise the powers vested in the voters of the town to act upon articles. However, the election of officers, public questions, and all articles to be voted upon by Australian ballot as required by law or as voted under section 2680 of this title at a prior annual or special meeting, and reconsideration of articles under section 2661 of this title shall remain vested in the voters of the town.
(2) An organizational resolution to adopt a representative form of annual or special meeting may be made by the legislative body of the municipality or by petition of five percent of the voters of the municipality. An official copy of the organizational resolution shall be filed in the office of the clerk of the municipality at least 10 days before the annual or special meeting at which the vote whether to adopt the organizational resolution shall take place, and copies thereof shall be made available to members of the public upon request.
(3) An organizational resolution shall include the following:
(A) a certain number of elected members, a range of elected members, or a ratio of elected members to the number of voters. However, in no case shall the number of elected members be less than 100;
(B) a certain number of districts and the boundaries of those districts;
(C) who shall be ex officio voting members, if any, of the meeting;
(D) the procedure for conducting the representative meeting;
(E) specific action, if any, to be taken at the representative meeting; and
(F) a procedure whereby the voters of the municipality may reconsider any action taken at a representative meeting.
(c) The form of the question of whether to establish a representative form of annual or special meeting shall be substantially as follows: “Shall the [name of municipality] adopt the representative form of annual or special meeting as set forth in the organizational resolution?”
(d) A vote establishing a representative form of annual or special meeting shall remain in effect until the municipality votes to discontinue or establish a new representative form of annual or special meeting at an annual or special meeting duly warned for that purpose. (Added 2009, No. 125 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 55 - Local Elections › § 2641. Warning and notice required; publication of warnings

§ 2641. Warning and notice required; publication of warnings
(a) The legislative body of a municipality shall warn a meeting by posting a warning and notice in at least two public places in the municipality, and in or near the town clerk’s office, not less than 30 nor more than 40 days before the meeting. If a municipality has more than one polling place and the polling places are not all in the same building, the warning and notice shall be posted in at least two public places within each voting district and in or near the town clerk’s office.
(b) In addition, the warning shall be published in a newspaper of general circulation in the municipality at least five days before the meeting, unless the warning is published in the town report and distributed as provided in 24 V.S.A. § 1682. The legislative body annually shall designate the paper in which such a warning may be published. The warning shall also be posted on the municipality’s website, if the municipality actively updates its website on a regular basis.
(c) No such warning shall be required for municipal informational meetings at which no voting is to take place. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 98; 1985, No. 196 (Adj. Sess.), § 5; 1999, No. 148 (Adj. Sess.), § 85, eff. May 24, 2000; 2013, No. 161 (Adj. Sess.), § 66.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 55 - Local Elections › § 2642. Warning and notice contents

§ 2642. Warning and notice contents
(a)(1) The warning shall include the date and time of the election, location of the polling place or places, and the nature of the meeting or election.
(2) It shall, by separate articles, specifically indicate the business to be transacted, to include the offices and the questions to be voted upon.
(3)(A) The warning shall also contain any article or articles requested by a petition signed by at least five percent of the voters of the municipality and filed with the municipal clerk not less than 47 days before the day of the meeting.
(B) The clerk receiving the petitions shall immediately proceed to examine them to ascertain whether they contain the required number of signatures of registered voters set forth in subdivision (A) of this subdivision (3). If found not to conform, he or she shall state in writing on the petition why it cannot be accepted, and within 24 hours from receipt, he or she shall return it to the petitioners. In this case, supplementary petitions may be filed not later than 48 hours after the petition was returned to the petitioners by the clerk or the filing deadline set forth in subdivision (A) of this subdivision (3), whichever is later. However, supplementary petitions shall not be accepted if petitions with signatures of different persons totaling at least the number specified in subdivision (A) of this subdivision (3) were not filed by the filing deadline.
(C) A petition submitted under this subdivision (3):
(i) may include more than one proposed article;
(ii) shall contain the petition language on each page on which signatures are collected; and
(iii) shall include the printed name, signature, and street address of each voter who signed the petition.
(D) A voter may withdraw his or her name from a petitioned article at any time prior to the signing of the warning by a majority of the legislative body.
(b) The posted notice that accompanies the warning shall include information on voter registration, information on early or absentee voting where applicable, and other appropriate information. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 99; 2001, No. 6, § 12(c), eff. April 10, 2001; 2013, No. 161 (Adj. Sess.), § 46; 2015, No. 30, § 23, eff. May 26, 2015.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 55 - Local Elections › § 2643. Special meetings

§ 2643. Special meetings
(a) The legislative body may warn a special municipal meeting when it deems it necessary and shall call a special meeting on the application of five percent of the voters. A special meeting shall be warned within 60 days of receipt of the application by the municipal clerk. A voter may withdraw his or her name from a petition for a special meeting at any time prior to the signing of the warning by a majority of the legislative body.
(b) [Repealed.]
(c) The legislative body may rescind the call of a special meeting called by them but not a special meeting called on application of five percent of the voters. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 2013, No. 161 (Adj. Sess.), § 47; 2015, No. 30, § 24, eff. May 26, 2015.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 55 - Local Elections › § 2644. Warnings

§ 2644. Warnings
The original warning for each municipal meeting shall be signed by a majority of the legislative body and shall be filed with the clerk and recorded before being posted. When all positions on the legislative body are vacant, warnings may be signed by the clerk. (Added 1977, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 55 - Local Elections › § 2645a. Chartered municipalities; vote to suspend charter authority and rely on general municipal law

§ 2645a. Chartered municipalities; vote to suspend charter authority and rely on general municipal law
(a) A municipality may propose to suspend for not more than three years specific authority granted in the municipality’s charter and instead use later-enacted general municipal authority granted to all Vermont municipalities by the General Assembly, provided that the proposal is approved by the voters at any annual or special meeting warned for that purpose.
(b) The proposal may be made by the legislative body of the municipality or by petition of five percent of the voters of the municipality. The proposal shall specifically identify and contain the later-enacted general law that the municipality proposes to use in lieu of the charter provision.
(c) If the proposal is approved by a majority of voters at an annual or special meeting warned for that purpose, then the municipal clerk shall certify the results of the vote to the House and Senate Committees on Government Operations.
(d) Annually on or before November 15, the Office of Legislative Counsel shall prepare a list of the charter provisions that are subject to a repeal review pursuant to this section. (Added 2021, No. 157 (Adj. Sess.), § 2, eff. July 1, 2022.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 55 - Local Elections › § 2646a. Town officers; town vote to allow election of nonresidents

§ 2646a. Town officers; town vote to allow election of nonresidents
(a)(1) Notwithstanding section 2646 of this subchapter, a municipality may propose to allow individuals who are residents of the State, but not residents of the municipality, to be elected or appointed town officers. However, this section shall not apply to members of the legislative body of the municipality or justices of the peace. For the municipality’s boards or commissions that are established by State law and are required to be composed of residents, the majority of the members of the boards or commissions shall be residents of the municipality.
(2) The proposal must be approved by the voters at any annual or special meeting warned for that purpose.
(b) The proposal may be made by the legislative body of the municipality or by petition of five percent of the voters of the municipality. The proposal shall identify the town office that may be filled by a nonresident. (Added 2021, No. 157 (Adj. Sess.), § 3, eff. July 1, 2022.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 55 - Local Elections › § 2647. Incompatible offices

§ 2647. Incompatible offices
(a)(1) An auditor shall not be town clerk, town treasurer, selectboard member, first constable, collector of current or delinquent taxes, trustee of public funds, town manager, road commissioner, water commissioner, sewage system commissioner, sewage disposal commissioner, cemetery commissioner, or town school district director; nor shall a spouse of or any person assisting any of these officers in the discharge of official duties be eligible to hold office as auditor.
(2)(A) A selectboard member or school director shall not be first constable, collector of taxes, town treasurer, assistant town treasurer, auditor, or town agent.
(B) A selectboard member shall not be lister or assessor.
(3) A cemetery commissioner or library trustee shall not be town treasurer, assistant town treasurer, or auditor.
(4) A town manager shall not hold any elective office in that town or town school district.
(5) Election officers at local elections shall be disqualified as provided in section 2456 of this title.
(b) Notwithstanding subsection (a) of this section, if a school district prepares and reports its budget independently from the budget of the town and the school district is audited by an independent public accountant, a school director or spouse of a school director shall be eligible to hold office as auditor, town treasurer, or assistant town treasurer. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1985, No. 196 (Adj. Sess.), § 6; 1993, No. 91, § 2; 2009, No. 44, § 5, eff. May 21, 2009; 2013, No. 21, § 2; 2013, No. 162 (Adj. Sess.), § 7; 2017, No. 130 (Adj. Sess.), § 7; 2019, No. 14, § 47, eff. April 30, 2019; 2019, No. 67, § 19, eff. June 17, 2019; 2019, No. 117 (Adj. Sess.), § 1, eff. June 23, 2020.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 55 - Local Elections › § 2648. Exceptions

§ 2648. Exceptions
Section 2647 of this title shall not apply to towns having not more than 25 legal voters, but in these towns an auditor shall not audit his or her own accounts kept and rendered in some other official capacity, nor shall the husband or wife of any town official audit his or her spouse’s official accounts. (Added 1977, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 55 - Local Elections › § 2649. Number of officers

§ 2649. Number of officers
(a)(1) Each town shall have:
(A) three selectboard members, unless additional selectboard members are elected under the provisions of section 2650 of this chapter;
(B) three listers, unless additional listers are elected under the provisions of section 2650 of this chapter or the town has voted to eliminate the office of lister under the provisions of section 2651c of this chapter; and
(C) three auditors, unless the town has voted to eliminate the office of auditor under the provisions of section 2651b of this chapter.
(2) Except as otherwise provided, at each annual meeting, one selectboard member, one lister, and one auditor shall be elected, each for a term of three years.
(b) A town so voting may elect one or two road commissioners for a term of one, two, or three years, as provided in section 2646 of this chapter.
(c) A town so voting may elect three water commissioners. The terms of the water commissioners shall be the same as those of selectboard members under sections 2646 and 2650 of this chapter, except that of those commissioners first elected, one shall have a term of one year, one a term of two years, and one a term of three years. One or two additional water commissioners may be authorized for one- or two-year terms as provided in subsection 2650(b) of this chapter relating to additional selectboard members. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1999, No. 73 (Adj. Sess.), § 2; amended 2013, No. 21, § 3.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 55 - Local Elections › § 2650. Additional listers and selectboard members

§ 2650. Additional listers and selectboard members
(a) Additional listers. A town may vote at a special or annual town meeting to elect two additional listers for terms of one year each.
(b) Additional selectboard members.
(1)(A) A town may vote at a special or annual town meeting to elect two additional selectboard members for terms of either one or two years each.
(B) When the terms of the additional selectboard members are to be for two years, the warning for the meeting shall so specify.
(2)(A) If two additional selectboard member positions are created, they shall be for terms of the same length, but if the terms of the new positions are to be for two years, when the additional selectboard members are first elected, one shall be elected for one year and the other selectboard member for two years.
(B) Terms of these additional selectboard members shall end on annual meeting days. If the additional selectboard members are elected at a special meeting, the term of those elected for one year shall expire on the next annual meeting day and those elected for two years shall expire on the second annual meeting day following their election.
(c) Discontinuing additional listers or selectboard members.
(1) A vote establishing additional listers or selectboard members shall remain in effect until the town votes to discontinue the two additional positions at an annual or special meeting duly warned for that purpose.
(2) The term of office of any lister or selectboard member in office on the date a town votes to discontinue that office shall expire on the 31st day after the vote, unless a petition for reconsideration or rescission of that vote is filed with the clerk of the municipality in accordance with section 2661 of this chapter, in which case that section shall control. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 2017, No. 50, § 50.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 55 - Local Elections › § 2651. Road and water commissioners; appointment, removal

§ 2651. Road and water commissioners; appointment, removal
(a) Unless the town votes to elect road commissioners, the selectboard shall appoint forthwith one or two road commissioners and may remove from office a road commissioner appointed by them, for just cause after due notice and hearing. The selectboard may appoint one or two members of their own board to serve as road commissioners.
(b) Unless the town votes to elect water commissioners, the selectboard shall appoint forthwith no less than three nor more than five water commissioners, unless there is no existing, or prospective, municipal water system for such commissioners to supervise. The selectboard may remove an appointed water commissioner from office for just cause after due notice and hearing. The selectboard may appoint members of their own board to serve as water commissioners. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1999, No. 22, § 2.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 55 - Local Elections › § 2651a. Constables; appointment; removal; elimination of office

§ 2651a. Constables; appointment; removal; elimination of office
(a)(1) A town may vote by Australian ballot at an annual meeting to authorize the selectboard to appoint a first constable, and if needed a second constable, in which case at least a first constable shall be appointed.
(2) A constable so appointed may be removed by the selectboard for just cause after notice and hearing.
(3) When a town votes to authorize the selectboard to appoint constables, the selectboard’s authority to make such appointments shall remain in effect until the town rescinds that authority by the majority vote of the registered voters present and voting at an annual meeting duly warned for that purpose.
(b) Notwithstanding the provisions of subsection (a) to the contrary, a vote to authorize the selectboard to appoint constables shall become effective only upon a two-thirds vote of those present and voting if a written protest against the authorization is filed with the selectboard at least 15 days before the vote by at least five percent of the voters of the town.
(c) The authority to authorize the selectboard to appoint the constable as provided in this section shall extend to all towns except those that have a charter that specifically provides for the election or appointment of the office of constable.
(d)(1) A town may vote at an annual meeting to eliminate the office of constable.
(2) If a town votes to eliminate the office of constable, the selectboard shall appoint a town officer to discharge the constable’s duties, if any, subject to 24 V.S.A. § 1936a. The town officer shall proceed in the discharge of the constable’s duties in the same manner and be subject to the same liabilities as are established by law for constables.
(3) A vote to eliminate the office of constable shall remain in effect until rescinded by majority vote of the registered voters present and voting at an annual meeting warned for that purpose.
(4) The term of office of any constable in office on the date a town votes to eliminate that office shall expire on the 45th day after the vote or on the date upon which the selectboard appoints a town officer under this subsection, whichever occurs first. (Added 1991, No. 177 (Adj. Sess.), § 2; amended 2017, No. 130 (Adj. Sess.), § 1; 2021, No. 157 (Adj. Sess.), § 4, eff. July 1, 2022.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 55 - Local Elections › § 2651b. Elimination of office of auditor; appointment of public accountant

§ 2651b. Elimination of office of auditor; appointment of public accountant
(a)(1) A town may vote by ballot at an annual meeting to eliminate the office of town auditor.
(2)(A) If a town votes to eliminate the office of town auditor, the selectboard shall contract with a public accountant licensed in this State to perform an annual financial audit of all funds of the town except the funds audited pursuant to 16 V.S.A. § 323.
(B) Unless otherwise provided by law, the selectboard shall provide for all other auditor’s duties to be performed.
(3) A vote to eliminate the office of town auditor shall remain in effect until rescinded by majority vote of the registered voters present and voting, by ballot, at an annual meeting duly warned for that purpose.
(b) The term of office of any auditor in office on the date a town votes to eliminate that office shall expire on the 45th day after such vote or on the date upon which the selectboard enters into a contract with a public accountant under this section, whichever occurs first.
(c) The authority to vote to eliminate the office of town auditor as provided in this section shall extend to all towns except those towns that have a charter that specifically provides for the election or appointment of the office of town auditor. (Added 1997, No. 83 (Adj. Sess.), § 2; amended 2011, No. 129 (Adj. Sess.), § 28, eff. July 1, 2013; amended 2013, No. 21, § 3a; 2017, No. 130 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 55 - Local Elections › § 2651c. Lack of elected lister; appointment of lister; elimination of office; hiring assessors

§ 2651c. Lack of elected lister; appointment of lister; elimination of office; hiring assessors
(a)(1) Notwithstanding any other provisions of law to the contrary and except as provided in subsection (b) of this section, in the event the board of listers of a town falls below a majority and the selectboard is unable to find a person or persons to appoint as a lister or listers under the provisions of 24 V.S.A. § 963, the selectboard may appoint an assessor to perform the duties of a lister as set forth in Title 32 until the next annual meeting.
(2) The appointed person need not be a resident of the town and shall have the same powers and be subject to the same duties and penalties as a duly elected lister for the town.
(b)(1) A town may vote by ballot at an annual meeting to eliminate the office of lister.
(2)(A) If a town votes to eliminate the office of lister, the selectboard shall notify the Director of Property Valuation and Review within 14 days and employ or contract a professionally qualified assessor, who, prior to conducting any work, shall meet the training requirements established by the Director under 32 V.S.A. § 4052 and need not be a resident of the town.
(B) The assessor shall have the same powers, discharge the same duties, proceed in the discharge thereof in the same manner, and be subject to the same liabilities as are prescribed for listers or the board of listers under the provisions of Title 32.
(3) A vote to eliminate the office of lister shall remain in effect until rescinded by majority vote of the registered voters present and voting at an annual or special meeting warned for that purpose.
(c) The term of office of any lister in office on the date a town votes to eliminate that office shall expire on the 45th day after the vote or on the date upon which the selectboard employs or contracts an assessor under this subsection, whichever occurs first.
(d) The authority to vote to eliminate the office of lister as provided in this section shall extend to all towns except those towns that have a charter that specifically provides for the election or appointment of the office of lister.
(e) If an assessor is employed or contracted to assist an elected board of listers, the board of listers shall retain the same powers and duties, discharge those powers and duties in the same manner, and be subject to the same liabilities as those imposed on listers or the board of listers under the provisions of Title 32. (Added 2003, No. 125 (Adj. Sess.), § 1; amended 2013, No. 21, § 4; 2017, No. 130 (Adj. Sess.), § 3; 2023, No. 68, § 9, eff. July 1, 2023.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 55 - Local Elections › § 2651d. Collector of delinquent taxes; appointment; removal

§ 2651d. Collector of delinquent taxes; appointment; removal
(a)(1) A municipality may vote at an annual or special municipal meeting to authorize the legislative body to appoint a collector of delinquent taxes, who may be the municipal treasurer.
(2) A collector of delinquent taxes so appointed may be removed by the legislative body for just cause after notice and hearing.
(b) When a municipality votes to authorize the legislative body to appoint a collector of delinquent taxes, the legislative body’s authority to make such appointment shall remain in effect until the municipality rescinds that authority by the majority vote of the registered voters present and voting at an annual or special meeting, duly warned for that purpose. (Added 2013, No. 162 (Adj. Sess.), § 6; amended 2017, No. 130 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 55 - Local Elections › § 2651e. Municipal clerk; appointment; removal

§ 2651e. Municipal clerk; appointment; removal
(a)(1) A municipality may vote at an annual meeting to authorize the legislative body to appoint the municipal clerk.
(2) A municipal clerk so appointed may be removed by the legislative body for just cause after notice and hearing.
(b) A vote to authorize the legislative body to appoint the municipal clerk shall remain in effect until rescinded by the majority vote of the registered voters present and voting at an annual or special meeting, duly warned for that purpose.
(c) The term of office of a municipal clerk in office on the date a municipality votes to allow the legislative body to appoint a municipal clerk shall expire 45 calendar days after the vote or on the date upon which the legislative body appoints a municipal clerk under this section, whichever occurs first, unless a petition for reconsideration or rescission is filed in accordance with section 2661 of this title.
(d) The authority to authorize the legislative body to appoint the municipal clerk as provided in this section shall extend to all municipalities except those that have a charter that specifically provides for the election or appointment of the office of municipal clerk. (Added 2017, No. 27, § 2, eff. May 10, 2017; amended 2017, No. 130 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 55 - Local Elections › § 2651f. Municipal treasurer; appointment; removal

§ 2651f. Municipal treasurer; appointment; removal
(a)(1) A municipality may vote at an annual meeting to authorize the legislative body to appoint the municipal treasurer.
(2) A treasurer so appointed may be removed by the legislative body for just cause after notice and hearing.
(b) A vote to authorize the legislative body to appoint the treasurer shall remain in effect until rescinded by the majority vote of the registered voters present and voting at an annual or special meeting, duly warned for that purpose.
(c) The term of office of a treasurer in office on the date a municipality votes to allow the legislative body to appoint a treasurer shall expire 45 calendar days after the vote or on the date upon which the legislative body appoints a treasurer under this section, whichever occurs first, unless a petition for reconsideration or rescission is filed in accordance with section 2661 of this title.
(d) The authority to authorize the legislative body to appoint the treasurer as provided in this section shall extend to all municipalities except those that have a charter that specifically provides for the election or appointment of the office of municipal treasurer. (Added 2017, No. 27, § 3, eff. May 10, amended 2017; 2017, No. 130 (Adj. Sess.), § 6.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 55 - Local Elections › § 2652. Road and water commissioners

§ 2652. Road and water commissioners
The selectboard may and, when requested by at least five percent of the legal voters of a town at least 47 days prior to the annual town meeting, it shall insert in the warning for the annual town meeting an article on the question of whether the town shall elect a road commissioner or commissioners, or water commissioners, as provided in section 2651 of this chapter. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 2017, No. 50, § 51.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 55 - Local Elections › § 2653. Acceptance of office

§ 2653. Acceptance of office
A person present at the meeting electing him or her to municipal office shall be treated as accepting, unless he or she declines before the meeting is adjourned. When not present, he or she shall be served as soon as possible with a written notice, signed by the clerk and served by the constable. (Added 1977, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 55 - Local Elections › § 2655. Time of meeting

§ 2655. Time of meeting
Annual municipal business meetings shall begin at the time set by the legislative body, unless the municipality has voted otherwise at a preceding meeting. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 101.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 55 - Local Elections › § 2656. Qualification and registration of voters

§ 2656. Qualification and registration of voters
Regardless of the type of voting used, the qualifications to vote in any municipal election shall be as provided in chapter 43 of this title and all municipalities shall revise and post checklists as provided in chapter 43 of this title prior to any municipal meeting at which there will be voting. The presiding officer shall follow reasonable and necessary procedures to ensure that persons who are not voters of the town do not vote. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 102.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 55 - Local Elections › § 2657. Moderator

§ 2657. Moderator
A municipal meeting shall be called to order by the moderator, or in his or her absence by a selectboard member who shall preside until a moderator pro tempore is chosen. (Added 1977, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 55 - Local Elections › § 2658. Duties

§ 2658. Duties
The moderator shall be the presiding officer of municipal meetings, shall decide questions of order and shall make public declaration of votes taken, except in elections using the Australian ballot system. When a vote declared by him or her is immediately questioned by one voter, he or she shall divide the meeting, and if requested by seven voters, shall cause the vote to be taken by paper ballot, unless the town has provided some other procedure in such cases. Robert’s Rules or some other rules of order shall govern all municipal meetings, except in elections using the Australian ballot system. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 103; 1981, No. 239 (Adj. Sess.), § 23.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 55 - Local Elections › § 2659. Preservation of order

§ 2659. Preservation of order
The moderator shall preserve order in the conduct of business and in debate. If a person, after notice, is persistently disorderly and refuses to withdraw from the meeting, the moderator may cause him or her to be removed, calling upon the constable or other person for that purpose. A person who so refuses to withdraw when ordered so to do shall be fined not more than $200.00. (Added 1977, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 17 - Elections › Chapter 55 - Local Elections › § 2660. Conduct of election

§ 2660. Conduct of election
(a) When voting is at a floor meeting by paper ballot, the polls shall be kept open a reasonable time and reasonable notice shall be given before they close.
(b) When election is by ballot, a majority of all votes cast for any office shall be required for an election, unless otherwise provided by law; provided that when there is but one nominee for an office, unless objection is made, the legal voters may vote to instruct the town clerk to cast one ballot for such nominee and upon such ballot being cast he or she shall be declared elected.
(c) If no person has obtained a majority by the end of the third vote, the moderator shall announce that the person receiving the least number of votes in the last vote and in each succeeding vote shall no longer be a candidate, and the voting shall continue until a candidate receives a majority.
(d) The article entitled “other business” shall not be used for taking binding municipal action, and the moderator shall so rule. (Added 1977, No. 260 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 104; 2013, No. 161 (Adj. Sess.), § 49.)