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HOUSE PROPOSAL OF AMENDMENT 2007-2008

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S.167

 

AN ACT RELATING TO VOTER REGISTRATION

The House proposes to the Senate to amend the bill by striking all after the enacting clause and inserting in lieu thereof the following:

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. § 2351 is amended to read:

§ 2351.  PRIMARY ELECTION

A primary election shall be held on the second third Tuesday of September August in each even numbered even-numbered year for the nomination of candidates of major political parties for all offices to be voted for at the succeeding general election, except candidates for president and vice-president of the United States, their electors, and justices of the peace.


Sec. 3.  17 V.S.A. § 2353(a) is amended to read:

(a)  The name of any person shall be printed upon the primary ballot as a candidate for nomination by any major political party for any office indicated, if petitions containing the requisite number of signatures made by legal voters, in substantially the following form, are filed with the proper official, together with the person's written consent to having his name printed on the ballot:

STATE OF VERMONT  

County of  ............................... )          

       ss.

     City (town) of  .......................... )

I join in a petition to place on the primary ballot of the ............................................................... party the name of  ...................., whose residence is in the (city), (town) of  .................... in the county of ..............................., for the office of  .................... to be voted for on Tuesday, the  ............... day of September August, 20  .......; and I certify that I am at the present time a registered voter and am qualified to vote for a candidate for this office.

Sec. 4.  17 V.S.A. § 2369 is amended to read:

§ 2369.  DETERMINING WINNER; TIE VOTES

Persons who receive a plurality of all the votes cast by a party in a primary shall be candidates of that party for the office designated on the ballot.  If two or more candidates of the same party are tied for the same office, the choice among those tied shall be determined:

(1)  Upon five days' notice, by the state committee of a party, for a state or congressional office;

(2)  By run-off election for a county office, for a state senator, or for a representative to the general assembly.  The run-off election shall be held on the fourth second Tuesday of September and shall be conducted in the same manner as the primary election.

Sec. 4a.  17 V.S.A. § 2356 is amended to read:

§ 2356.  TIME FOR FILING PETITIONS

Primary petitions shall be filed no sooner than the first Monday in June and not later than 5:00 p.m. on the third fourth Monday of July June preceding the primary election prescribed by section 2351 of this title, and not later than

5:00 p.m. of the 42nd day prior to the day of a special primary election.

Sec. 5.  17 V.S.A. § 2413(a) is amended to read:

(a)  The party members in each town, on or before the first third Tuesday of September August in each even numbered even-numbered year, upon the call of the town committee, may meet in caucus and nominate candidates for justice of the peace.  The committee shall give notice of the caucus as provided in subsection (d) of this section and the chairman and secretary shall file the statements required in sections 2385 through 2387 of this title.

Sec. 5a.  17 V.S.A. § 2386 is amended to read:

(a)  Statements pursuant to this subchapter, except for vacancies created by the death or withdrawal of a candidate after the primary, shall be filed not more than 60 days before no sooner than the second Monday prior to the day of the general primary election and not later than 5:00 p.m. on the third day following the primary election.

Sec. 6.  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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Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us