Vermont H 474: An act relating to approval of amendments to the charter of the City of Burlington

Bill Text

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VT LEG #384388 v.1
No. 70. An act relating to miscellaneous changes to election law.
(H.474)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. [Deleted.]
Sec. 2. [Deleted.]
Sec. 3. [Deleted.]
* * * One-Bite Candidacy * * *
Sec. 4. 17 V.S.A. § 2381 is amended to read:
§ 2381. APPLICABILITY OF SUBCHAPTER
* * *
(c) In no event shall a candidate who loses a major party primary be
nominated to appear on the general election ballot pursuant to this subchapter
by a committee of any party other than the party for which the candidate
appeared on the primary ballot.
Sec. 5. 17 V.S.A. § 2401 is amended to read:
§ 2401. APPLICABILITY OF SUBCHAPTER
(a) A person may be nominated and have his or her the person’s name
printed on the general election ballot for any office by filing a consent similar
in form to the consent prescribed by section 2361 of this title and a statement
of nomination with the Secretary of State. In the case of a nomination for
justice of the peace, the consent form and statement of nomination shall be
filed with the town clerk.

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(b) A candidate who loses a major party primary for any office shall not
appear on the general election ballot as an independent candidate for the same
office for which the candidate lost in the primary election.
Sec. 6. [Deleted.]
* * * Miscellaneous Changes to Electronic Ballot Delivery Law * * *
Sec. 7. 17 V.S.A. § 2539 is amended to read:
§ 2539. DELIVERY OF EARLY VOTER ABSENTEE BALLOTS
* * *
(c) Military or overseas voters.
(1) Early voter absentee ballots for military or overseas voters shall be
sent air mail, first class, postpaid when such service is available, or they may
be electronically delivered when requested by the voter.
(2)(A) The town clerk’s office shall be open on the 46th day before any
election that includes a federal office and the town clerk shall send on or
before that day all absentee ballots to any military or overseas voter who
requested an early voter absentee ballot on or before that day.
(B) On that day the town clerk shall complete any reporting
requirements and any other responsibilities regarding the mailing of early voter
absentee ballots to military or overseas voters, as directed by the Secretary of
State.

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(3) As used in this section, “overseas voters” means a person who was
last domiciled in Vermont before leaving the United States and now resides
outside the United States.
(d) Voters who participate in the Secretary of State’s Address
Confidentiality Program. In the case of persons who participate in the address
confidentiality program administered by the Secretary of State set forth in 15
V.S.A. § 1152, if the voter or authorized person requests in the application or
otherwise that early voter absentee ballots be mailed or electronically
delivered, the town clerk shall mail or electronically deliver the ballots.
Sec. 8. [Deleted.]
* * * Write-in Candidate Registration and Minimum Thresholds in Primary
Elections * * *
Sec. 9. 17 V.S.A. § 2370 is amended to read:
§ 2370. WRITE-IN CANDIDATES
(a)(1) In order to have votes listed for a write-in candidate under section
2587 of this title, not later than 5:00 p.m. on the Thursday preceding the
primary election, a write-in candidate for the General Assembly, any State
office, or any federal office shall complete a form of the Secretary of State’s
design affirming that the candidate wants to have received votes listed under
subdivision 2587(e)(3) of this title. The candidate shall file the form with
either all town clerks within the candidate’s applicable district or the Secretary
of State’s office in an electronic manner approved by the Secretary. The

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Secretary of State shall notify the appropriate town clerks of any filings made
in accordance with this subsection as soon as practicable.
(2) Notwithstanding subdivision (1) of this subsection, a write-in
candidate is not required to file if:
(A) the candidate has already filed a consent to the printing of the
candidate’s name on the ballot for a major political party, as provided in
section 2361, 2385, or 2402 of this title; or
(B) no candidate is printed on the ballot, or if a candidate whose
name is printed on the ballot dies or is otherwise disqualified prior to 7:00 p.m.
on the election day.
(b) A write-in candidate shall not qualify as a primary winner unless he or
she the candidate receives at least one-half the number of votes as the number
of signatures required for his or her the candidate’s office on a primary
petition, except that if a write-in candidate receives more votes than a
candidate whose name is printed on the ballot, he or she may the write-in
candidate shall qualify as a primary winner.
(b)(c) The Before becoming the party’s candidate in the general election,
the write-in candidate who qualifies as a primary winner under this section
m