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BILL AS PASSED BY HOUSE 2007-2008

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H.78

AN ACT RELATING TO RECONSIDERATION OR RESCISSION OF VOTES IN LOCAL ELECTIONS

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

Sec. 1.  17 V.S.A. § 2661(b) is amended to read:

§ 2661.  RECONSIDERATION OR RESCISSION OF VOTE

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(b)  Where a petition signed by not less than five percent of the qualified voters of a municipality If a petition requesting reconsideration or rescission of a question considered or voted on at a previous annual or special meeting is filed with the clerk of the municipality within thirty 30 days following the date of that meeting, the legislative body shall provide for a vote by the municipality in accordance with the petition within sixty 60 days of the submission at an annual or special meeting duly warned for that purpose.  The number of signatures required for a petition for reconsideration or rescission shall be not less than five percent of the registered voters unless the voters of the municipality increase that percentage pursuant to the following:

(1)  At a meeting duly warned for the purpose, the voters of a municipality may require that a petition for reconsideration be signed by a percentage of registered voters that is not less than five percent nor greater than 20 percent.

(2)  A vote to increase the percentage of voters required to sign a petition for reconsideration or rescission to up to 20 percent shall be in substantially the following form:  “Shall the (name of municipality) increase the percentage of voters required on a petition for reconsideration or rescission from five to (up to 20) percent?” 

(3)  Once the voters of a municipality have voted to require a new percentage, that percentage shall remain in effect until the voters of the municipality vote to change the percentage.

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(e)  A majority vote in favor of reconsideration or rescission, of a question voted on by paper or Australian ballot, shall not be effective unless the number of votes cast in favor of reconsideration or rescission exceeds two-thirds of the number of votes cast for the prevailing side at the original meeting unless the voters of the municipality approve a different percentage pursuant to the following:

(1)  At a meeting duly warned for the purpose, the voters of a municipality may require that a vote in favor of reconsideration or rescission shall not be effective unless the number of votes cast in favor of reconsideration or rescission exceeds a certain percentage of the number of votes cast for the prevailing side at the original meeting.

(2)  A vote to increase or decrease the percentage shall be in substantially the following form:  “Shall the (name of municipality) change the percentage of votes cast in favor of reconsideration or rescission required for a vote to reconsider or rescind a question considered or voted on at a previous annual or special meeting to be effective to (percentage)?”

(3)  Once the voters of a municipality have voted to require a new percentage, that percentage shall remain in effect until the voters of the municipality vote to change the percentage.

Sec. 2.  EFFECTIVE DATE

This act shall take effect on July 1, 2007.  However, Sec. 1, 17 V.S.A. § 2661(e) shall apply to a vote for reconsideration or rescission for which a petition has been filed on or after July 1, 2008.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us