Vermont H 541: An act relating to interference with voters and election officials

Bill Text

BILLAS PASSED BY THE HOUSE H.541
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H.541
Introduced by Representatives Goodnow of Brattleboro and Nugent of South
Burlington
Referred to Committee on
Date:
Subject: Elections; offenses against the purity of elections; penalties upon
voters; interference with voters and election officials
Statement of purpose of bill as introduced: This bill proposes to impose
criminal and civil penalties on any person who interferes with voters’ right to
vote or election officials for the purpose of disrupting the preparation or
operation of an election.
An act relating to interference with voters and election officials
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 17 V.S.A. § 1972 is amended to read:
§ 1972. SHOWING BALLOT; INTERFERENCE WITH VOTER
(a) A voter who, except in cases of assistance as provided in this title,
allows his or her the voter’s ballot to be seen by another person with an
apparent intention of letting it be known how he or she the voter is about to
vote or makes a false statement to the presiding officer at an election as to his
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or her the voter’s inability to mark his or her the voter’s ballot or places a
distinguishing mark on his or her the voter’s ballot or a person who interferes
with a voter when inside the guard rail or who, within the building in which
the voting is proceeding, endeavors to induce a voter to vote for a particular
candidate, shall be fined $1,000.00.
(b) It shall be the duty of the election officers to see that the offender is
duly prosecuted for a violation of this section.
Sec. 2. 17 V.S.A. § 1973 is added to read:
§ 1973. INTERFERENCE WITH VOTERS AND ELECTION OFFICIALS
A person shall be imprisoned not more than two years or fined not more
than $2,000.00, or both, if that person intimidates, threatens, coerces, or
attempts to intimidate, threaten, or coerce:
(1) any other person for the purpose of interfering with the right of such
other person to vote or to vote as the voter may choose, or of causing the other
person to vote for, or not to vote for, any candidate for public office at any
election; or
(2) a candidate for public office, a public servant, an election official, or
a public employee for the purpose of interfering with the preparation or
operation of an election.
Sec. 3. 17 V.S.A. chapter 35, subchapter 4 is added to read:
Subchapter 4. Enforcement and Investigation
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§ 2041. ENFORCEMENT
In addition to the other remedies provided in this chapter, a State’s Attorney
or the Attorney General may institute any appropriate action, injunction, or
other proceeding to prevent, restrain, correct, or abate any violation of this
chapter.
§ 2042. CIVILINVESTIGATIONS
(a)(1) The Attorney General or a State’s Attorney, whenever there is reason
to believe any person to be or to have been in violation of this chapter, may
examine or cause to be examined by any designated agent or representative
any books, records, papers, memoranda, or physical objects of any nature
bearing upon each alleged violation and may demand written responses under
oath to questions bearing upon each alleged violation.
(2) The Attorney General or a State’s Attorney may require the
attendance of such person or of any other person having knowledge in the
premises in the county where such person resides or has a place of business or
in Washington County if such person is a nonresident or has no place of
business within the State and may take testimony and require proof material
for that person’s information and may administer oaths or take
acknowledgment in respect of any book, record, paper, or memorandum.
(3) The Attorney General or a State’s Attorney shall serve notice of the
time, place, and cause of such examination or attendance or notice of the cause
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of the demand for written responses personally or by certified mail upon such
person at that person’s principal place of business or, if such place is not
known, to that person’s known address. Such notice shall include a statement
that a knowing and intentional violation of this chapter is subject to criminal
prosecution.
(4) Any book, record, paper, memorandum, or other information
produced by any person pursuant to this section shall not, unless otherwise
ordered by a court of this State for good cause shown, be disclosed to any
person other than the authorized agent or representative of the Attorney
General or a State’s Attorney or another law enforcement officer engaged in
legitimate law enforcement activities unless with the consent of the person
producing the same, except that any transcript of oral testimony, written
responses, documents, or other information produced pursuant to this section
may be us