The Vermont Statutes Online

Title 17: Elections

Chapter 51: CONDUCT OF ELECTIONS

Sub-Chapter 09: Recounts And Contest Of Elections

17 V.S.A. § 2602. Petitions for recounts



§ 2602. Petitions for recounts

(a) In the case of recounts for local elections and recounts for the office of justice of the peace, the procedures for conducting the recount shall be as provided in subchapter 3 of chapter 55 of this title.

(b) In the case of recounts other than specified in subsection (a) of this section, the following procedure shall apply. A petition for a recount shall be filed within seven calendar days after the election. The petition shall be filed with the Civil Division of the Superior Court, Washington County, in the case of candidates for State or congressional office, or for a presidential election; the petition shall be filed with the Superior Court in any county in which votes were cast for the office to be recounted, in the case of any other office. The petition shall be supported, if possible, by a certified copy of the certificate of election prepared by the canvassing committee, verifying the total number of votes cast and the number of votes cast for each candidate.

(c)(1) The Superior Court shall set the date of the recount to be five business days after the Court receives the petition for the recount and shall notify all candidates of that date no later than the next business day after the petition is received.

(2) The Superior Court shall forward a copy of the petition to the county clerk. The Court shall order the town clerk or clerks having custody of the ballots to be recounted or their designees to transport them to the county clerks of their respective counties before the day set for the recount. County clerks shall store all ballots, still in their sealed containers, in their vaults until the day of the recount.

(d)-(h) [Repealed.]

(i) The Secretary of State shall bear the costs of recounts covered under this chapter. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), §§ 90-93; 1985, No. 148 (Adj. Sess.), §§ 3, 4; 1985, No. 196 (Adj. Sess.), § 16; 1989, No. 211 (Adj. Sess.), § 5; 2007, No. 54, § 13; 2009, No. 154 (Adj. Sess.), § 140; 2013, No. 161 (Adj. Sess.), § 42.)