NO. 72.  AN ACT RELATING TO VOTER REGISTRATION.

(S.167)

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

Sec. 1.  17 V.S.A. § 2144 is amended to read:

§ 2144.  DEADLINE FOR APPLICATIONS

(a)   The town clerk shall not accept applications for persons’ names to be placed on the checklist after 12:00 noon 5:00 p.m. on the second Monday Wednesday preceding the day of the election.  The town clerk’s office shall be kept open on the second Monday Wednesday preceding the day of the election from no later than 10:00 a.m. until 12:00 noon 3:00 p.m. until 5:00 p.m., for the purpose of receiving applications for addition to the checklist.  For purposes of this subsection, a mail application or an application submitted to the department of motor vehicles in connection with a motor vehicle driver’s license or an application accepted by a voter registration agency shall be considered to have met the filing deadline established by this subsection if the application is postmarked, submitted or accepted by 12:00 noon 5:00 p.m. of the second Monday Wednesday preceding the day of the election.

(b)  If a person is not eligible to register prior to the second Monday before the day of election voter registration deadline, but expects to be eligible on or before election day, he or she may file with the town clerk a written notice of intention to apply for addition of his or her name to the checklist.  The notice shall be filed prior to noon of the second Monday preceding the day of election the voter registration deadline, and the town clerk shall then accept the person's application at any time before the close of the polls on election day, and act upon the application forthwith.

(c)  If a person is not eligible to register prior to the second Monday before the day of the election voter registration deadline, and has submitted a written notice of intent to apply in accord with subsection (b) of this section, the clerk shall, upon application, allow the applicant to vote absentee.  If the application is approved and the name added to the checklist prior to the close of the polls on election day, the early or absentee ballots cast by that voter shall be treated as other valid early or absentee ballots.

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Sec. 2.  17 V.S.A. § 2532 is amended to read:

§ 2532.  APPLICATIONS; FORM

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(b)  A person temporarily residing in a foreign country who is eligible to register to vote in this state, or a military service absentee voter who is eligible to register to vote in this state, may apply for early voter absentee ballots in the same manner and within the same time limits that apply for other early or absentee voters.  An official federal postcard application shall suffice as a simultaneous request for an application for addition to the checklist and for an early voter absentee ballot, when properly submitted.  Any other person also may make a simultaneous request for an application for addition to the checklist and for an early voter absentee ballot.  The provisions of this section shall apply to anyone who is not eligible to register prior to the second Monday before the day of election, but expects to be eligible on or before election day.

(c)  If the request is received by the town clerk not later than noon on the second Monday before the election prior to the voter registration deadline set forth in subsection 2144(a) of this title, the town clerk shall mail a blank application for addition to the checklist, together with a full set of early voter absentee ballots, to the person who has applied for early voter absentee ballots. All such applications for addition to the checklist which are returned to the town clerk before the close of the polls on election day shall be considered and acted upon by the board of civil authority before the ballots are counted.  If the application is approved and the name added to the checklist, the early voter absentee ballots cast by that voter shall be treated as other valid early voter absentee ballots.

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Approved:  June 6, 2007