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NO. 17. AN ACT RELATING TO DELIVERY OF BALLOTS BY JUSTICES OF THE PEACE PRIOR TO ELECTION DAY.

(S.100)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 17 V.S.A. 2538(b) and (c) are amended to read:

(b) The town clerk shall divide the list of ill or physically disabled applicants into approximately as many equal parts as there are pairs of justices so designated, having regard to the several parts of the town in which the applicants may be found. *[On the day before the election, or on election day itself, he]* During the eight days immediately preceding election day and on election day, the clerk shall deliver to each pair of justices one part of the list, together with absent voter ballots and envelopes for each applicant. When justices receive ballots and envelopes *[the day before the election]* prior to election day, they shall receive only the ballots and envelopes they are assigned to deliver on that day.

(c) Each pair of justices *[on the day before the election, or on the day thereof]* on the days they are assigned to deliver the ballots and envelopes, shall call upon each of the absent voters whose name appears on the part of the list furnished to them and shall deliver absentee ballots and envelopes to each absent voter. The absent voter shall then proceed to mark the ballots alone or in the presence of the justices, but without exhibiting them to the justices or to any other person, except that when the absent voter is blind or physically unable to mark his ballot, they may be marked by one of the justices in full view of the other.

Approved: May 8, 1997