The Vermont Statutes Online

Title 17: Elections

Chapter 031: Conventions to Amend U.S. Constitution

• § 1811. Governor to call

  Whenever the Congress of the United States shall submit to the several states an amendment to the Constitution of the United States, and pursuant to Article V of such Constitution shall provide that such amendment be acted upon by conventions in the several states, the Governor, within 60 days after such amendment has been officially transmitted from the United States to this State, shall issue a call for the election of delegates to a convention to act upon such amendment. He or she shall set the date for the election of delegates and the date and hour for the holding of such convention.

• § 1812. Composition of convention

  The convention shall be composed of 14 delegates elected at large by the qualified voters of Vermont. It shall meet in the Senate chamber of the capitol at Montpelier. The date for the holding of such convention shall be not less than 20 nor more than 30 days after the election of delegates.

• § 1813. Election of delegates

  The election of delegates shall take place not less than three nor more than 12 months after the call, but in no case shall it occur within 40 days of the date fixed by law for a general or primary election.

• § 1814. Appointment of candidates for delegates

  Not less than 30 days before the date of the election of delegates, the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives, or in case of incapacity of any one of them, the Secretary of State in his or her stead, shall appoint and forthwith announce the names of 28 candidates for delegates, such candidates being in their opinion representative citizens of Vermont. Fourteen of these candidates shall be persons who assent to the placing of their names on the ballots as “For Ratification,” and 14 shall be persons who assent to the placing of their names on the ballot as “Against Ratification.” One candidate for ratification and one candidate against ratification shall be appointed from each county in the State.

• § 1815. Acceptance of candidacy

  On accepting such designation each candidate shall file his or her acceptance as follows:

  “I do hereby accept this appointment as candidate for delegate to the convention to be held on the ............ day of ........................... ; and assent to the placing of my name on the ballot as For Ratification or Against Ratification.

  Signed ......................................... ”

• § 1816. Form of ballot

  The form of the ballot to be used shall be as follows:

  DELEGATES TO CONVENTION TO VOTE UPON THE FOLLOWING PROPOSED AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES:

  (Here shall follow the text of the proposed amendment.)
  

  Instructions
  

  To vote for all the delegates who stand For Ratification, make an (X) in the square at the head of the column marked NAMES FOR RATIFICATION. To vote for all the delegates who stand Against Ratification, make a cross (X) in the square at the head of the column marked NAMES AGAINST RATIFICATION. If you do not wish to vote for every candidate in one column, make a cross (X) opposite the name of the candidates of your choice, not to exceed fourteen in all. If you do not wish to vote for the candidates named in the column “For Ratification” or the candidates named in the column “Against Ratification” you may write in the names of other delegates not to exceed fourteen in number in the spaces provided below. Ballots on which more than fourteen names are marked will be considered defective.

  [insert wide measure camera copy here]

• § 1817. Endorsement of ballots

  Upon each ballot shall be endorsed the words “Official Ballot,” followed by the name of the town in which it is to be used, the date of the election, and a facsimile of the signature of the Secretary of State with his or her official title.

• § 1818. Checklist to be used

  The check list used in the last preceding general election shall apply, but may be revised as now provided by law for check lists used at general elections. The polls for this election shall open at 10 a.m. and close at 8 p.m.

• § 1819. Canvassing board

  The Lieutenant Governor, the Speaker of the House of Representatives, and the Secretary of State shall canvass the ballots, declaring elected the 14 candidates who have received the greatest number of votes and the Secretary of State shall publish the results. The Secretary of State, upon the completion of the canvass, shall mail or deliver in person to each delegate so elected a notice thereof and such delegates so elected shall be members of the convention.

• § 1820. General election law to apply; expense of election

  Expenses of such election shall be paid by the State or town as in the case of general elections. The statutory provisions as to holding general elections, furnishing ballots, instructions and forms, appointment and payment of election officers, filling of vacancies, solicitation of voters at the polls, challenging of voters, manner of conducting elections, counting and preserving the ballots and making returns thereof, and all other kindred subjects shall apply to such elections insofar as they are consistent with this chapter, it being the intent of this chapter to place such elections under the regulation and protection of the laws relating to general elections.

• § 1821. Construction of chapter

  The provisions of this chapter shall be liberally construed so that the real will of the voters shall not be defeated and so that the voters shall not be deprived of their right because of informality or failure to comply with provisions of law as to notice or conduct of the election or of certifying the results thereof.

• § 1822. Filling vacancies

  In case of vacancies caused by death, disability, or resignation, the Governor shall fill the vacancies by appointment.

• § 1823. Quorum; Secretary

  A majority of the delegates shall constitute a quorum to do business, when convened according to the provisions of this chapter. The Secretary of State shall be ex officio Secretary of the convention and with the Chair of the convention, he or she shall certify the vote of the convention to the Secretary of State of the United States.

• § 1824. Compensation

  The compensation of each delegate shall be $10.00 and actual expenses.

• § 1825. Effect of congressional prescription of the manner of holding conventions

  If, on or about the time of submitting any such amendment, Congress, in the resolution submitting the same, or by statute, shall prescribe the manner in which the conventions shall be constituted, the preceding provisions of this chapter shall be inoperative. The convention shall be constituted and shall operate as the resolution or act of Congress shall direct, and all officers of the State who may by the resolution or statute be authorized or directed to take any action to constitute such a convention for this State are hereby authorized and directed to act thereunder and in conformity thereto, with the same force and effect as if acting under a statute of this State.