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Searching 2017-2018 Session

The Vermont Statutes Online

Title 17 : Elections

Chapter 051 : CONDUCT OF ELECTIONS

Subchapter 006 : EARLY OR ABSENTEE VOTERS

(Cite as: 17 V.S.A. § 2532)
  • § 2532. Applications; form

    (a)(1) An early or absentee voter, or an authorized family member or health care provider acting in the voter's behalf, may apply for an early voter absentee ballot by telephone, in person, or in writing. "Family member" here means a person's spouse, children, brothers, sisters, parents, spouse's parents, grandparents, and spouse's grandparents. Any other authorized person may apply in writing or in person.

    (2) The application shall be in substantially the following form:

     REQUEST FOR EARLY VOTER ABSENTEE BALLOT

    Name of early or absentee voter: ____________________________________

    Current address: _________________________________________________

    Residence (if different): ___________________________________________

    Date: __________________________________________________________

    If applicant is other than early or absentee voter:

      Name of applicant: ______________________________________________

      Address of applicant: ____________________________________________

      Relationship to early or absentee voter: ______________________________

      Organization, if applicable: _______________________________________

    Date: _____________           Signature of applicant: _____________________

        (3) If the application is made by telephone or in writing, the information supplied must be in substantial conformance with the information requested on this form.

    (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.

    Subsection (c) effective until January 1, 2017; see also subsection (c) effective January 1, 2017 set out below.

    (c) If the request is made for a person who is not yet registered and the request is received by the town clerk 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 that person. All such applications for addition to the checklist that 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.

    Subsection (c) effective January 1, 2017; see also subsection (c) effective until January 1, 2017 set out above.

    (c) If the request is made for a person who is not yet registered and the request is received by the town clerk prior to the deadline for requesting early voter absentee ballots set forth in section 2531 of this chapter, the town clerk shall mail a blank application for addition to the checklist, together with a full set of early voter absentee ballots, to that person. All such applications for addition to the checklist that 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.

    (d) An application for an early voter absentee ballot shall be valid for only one election, unless specific request is made by an early or absentee voter that the application be valid for both a primary election, excluding a presidential primary, and the general election next following, as long as both ballots are to be mailed to the same address.

    (e) A person residing in a State institution 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.

    (f) The town clerk may, upon application, issue a duplicate early voter absentee ballot if the original ballot is not received by the voter within a reasonable period of time after mailing. The application may be made by a person entitled to apply for an early voter absentee ballot under subsection (a) of this section and shall be accompanied by a sworn statement affirming that the voter has not received the original ballot. If a duplicate early voter absentee ballot is issued and both the duplicate and original early voter absentee ballots are received before the close of the polls on election day, the ballot with the earlier postmark shall be counted.

    (g)(1) Any person who applies for an early voter absentee ballot knowing the person is without authorization from the early or absentee voter shall be fined not more than $100.00 per violation for the first three violations; not more than $500.00 per violation for the fourth through ninth violations; and not more than $1,000.00 per violation for the tenth and subsequent violations.

    (2) The Attorney General or a State's Attorney, whenever he or she has reason to believe any person to be or to have been in violation of this provision, shall conduct a civil investigation in accordance with the procedures set forth in section 2904 of this title. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 65; 1981, No. 239 (Adj. Sess.), § 31; 1985, No. 197 (Adj. Sess.), § 4; 1985, No. 198 (Adj. Sess.), §§ 3, 11, 12; 1989, No. 200 (Adj. Sess.), § 3; 1993, No. 80, § 1; 2001, No. 6, § 4, eff. April 10, 2001; 2001, No. 83 (Adj. Sess.), § 6; 2003, No. 94 (Adj. Sess.), § 4; 2007, No. 72, § 2; 2013, No. 161 (Adj. Sess.), § 35; 2015, No. 30, § 13, eff. May 26, 2015; 2015, No. 44, § 10, eff. Jan. 1, 2017.)