The Vermont Statutes Online
The Statutes below include the actions of the 2024 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Title 17: Elections
Chapter 049: Nominations
- Subchapter 001: PRIMARY ELECTIONS
§ 2351. Primary election
A primary election shall be held on the second Tuesday in August in each even-numbered year for the nomination of candidates of major political parties for all offices to be voted for at the succeeding general election, except candidates for President and Vice President of the United States, their electors, and justices of the peace. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 2009, No. 73 (Adj. Sess.), § 1, eff. April 7, 2010; 2013, No. 161 (Adj. Sess.), § 15, eff. Jan. 1, 2016.)
§ 2352. Nomination of candidates prior to special election
When the Governor or any court, pursuant to law, orders a special election to be held for any of the offices covered by section 2351 of this title, a special primary election shall be held on the Tuesday that falls not less than 60 days nor more than 66 days prior to the date set for the special election. The nomination of candidates prior to a special election, including nomination both by primary and by other means, shall be governed by the rules applicable to nomination of candidates prior to the general election, except as may be specifically provided in this chapter. The term “general election,” as used in this chapter, shall be deemed to include a special election, unless the context requires a different interpretation. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 2009, No. 73 (Adj. Sess.), § 2, eff. April 7, 2010.)
§ 2353. Petitions to place names on ballot
(a) The name of any person shall be printed upon the primary ballot as a candidate for nomination by any major political party for the office indicated, if a petition containing the requisite number of signatures made by registered voters, in substantially the following form, is filed with the proper official, together with the person’s written consent to having his or her name printed on the ballot:
I join in a petition to place on the primary ballot of the ...................... . party the name of .................... , whose residence is in the (city), (town) of ...................... in the county of ...................... , for the office of ...................... to be voted for on Tuesday, the ............... day of August, 20 ....... .; and I certify that I am at the present time a registered voter and am qualified to vote for a candidate for this office.
(b)(1) A person’s name shall not be listed as a candidate on the primary ballot of more than one party in the same election.
(2) A single petition shall contain only one office for which a person seeks to be a candidate.
(3) A person shall file a separate petition for each office for which he or she seeks to be a candidate. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 17; 2007, No. 121 (Adj. Sess.), § 6, eff. May 6, 2008; 2009, No. 73 (Adj. Sess.), § 3, eff. April 7, 2010; 2017, No. 50, § 7; 2019, No. 67, § 10.)
§ 2354. Signing petitions
(a) Any number of voters may sign the same petition.
(b)(1) A voter’s signature shall not be valid unless at the time he or she signs, the voter is registered and qualified to vote for the candidate whose petition he or she signs.
(2) Each voter shall indicate his or her town of residence next to his or her signature.
(c) The signature of a voter on a candidate’s petition does not necessarily indicate that the voter supports the candidate.
(d) A petition shall contain the name of only one candidate. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 18; 2017, No. 50, § 8; 2019, No. 67, § 10.)
§ 2355. Number of signatures required
The number of signatures on primary petitions shall be not less than:
(1) for State and congressional officers, 500;
(2) for county officers or State senator, 100; and
(3) for Representative to the General Assembly, 50. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 2019, No. 131 (Adj. Sess.), § 120.)
§ 2356. Time for filing petitions
(a) Primary petitions for major party candidates shall be filed not earlier than the fourth Monday in April and not later than 5:00 p.m. on the fourth Thursday after the first Monday in May preceding the primary election prescribed by section 2351 of this chapter, and not later than 5:00 p.m. of the 62nd day prior to the day of a special primary election.
(b) A petition or statement of nomination shall apply only to the election cycle in which the petition or statement of nomination is filed. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 19; 2003, No. 59, § 11; 2009, No. 73 (Adj. Sess.), § 4, eff. April 7, 2010; 2013, No. 161 (Adj. Sess.), § 16, eff. Jan. 1, 2016; 2017, No. 50, § 9.)
§ 2357. Place of filing petition
(a) Primary petitions and consent forms shall be filed as follows:
(1) For State and congressional officers, with the Secretary of State;
(2) For county officers with the county clerk;
(3) For State Senator, with the senatorial district clerk;
(4) For Representative to the General Assembly, with the representative district clerk.
(b) The public official designated to accept a petition shall not accept a nominating petition unless a completed and signed consent form is filed at the same time. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 2007, No. 54, § 1.)
§ 2358. Examining petitions; supplementary petitions
(a) The officer with whom primary petitions are filed shall examine them and ascertain whether they contain a sufficient number of legible signatures. The officer shall not attempt to ascertain whether there are a sufficient number of signatures of actual voters, however, unless the officer has reason to believe that the petitions are defective in this respect.
(b) If found not to conform, he or she shall state in writing on a particular petition why it cannot be accepted, and within 72 hours from receipt he or she shall return it to the candidate in whose behalf it was filed. In such case, supplementary petitions may be filed not later than 10 days after the date for filing petitions. However, supplementary petitions shall not be accepted if petitions with signatures of different persons totaling at least the required number were not received by the filing deadline.
(c) A signature shall not count for the purpose of meeting the requirements of section 2355 of this title if the officer with whom primary petitions are filed:
(1) cannot identify the name of the person who signed; or
(2) if necessary, determines that the person is not on the checklist of the town that the person indicates as his or her town of residence.
(d) An officer with whom primary petitions may be filed may obtain from the appropriate town clerks certified copies of current checklists as needed to verify the adequacy of primary petitions; town clerks who are asked by a filing officer to furnish certified copies of checklists for this purpose shall furnish the copies promptly and without charge. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 20; 1985, No. 197 (Adj. Sess.), § 5.)
§ 2359. Notification to Secretary of State
Within three days after the last day for filing petitions, all town and county clerks who have received petitions shall notify the Secretary of State of the names of all candidates, the offices for which they have filed, and whether each has submitted a sufficient number of valid signatures to comply with the requirements of section 2355 of this title. Town and county clerks shall also notify the Secretary of State of any petitions found not to conform to the requirements of this chapter and returned to a candidate under section 2358 of this title, and shall notify the Secretary of State of the status of such petition not later than two days after the last day for filing supplementary petitions. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 21.)
§ 2360. Preservation of petitions
The Secretary of State and county and town clerks shall retain the primary petitions filed with them until 30 days following the general election for which they were used, at which time they may be destroyed. (Added 1977, No. 269 (Adj. Sess.), § 1.)
§ 2361. Consent of candidate
(a) A candidate for whom petitions containing sufficient valid signatures have been filed shall file with the official with whom the petitions were filed a consent to the printing of the candidate’s name on the ballot. The Secretary of State shall prepare and furnish forms for this purpose.
(b)(1) The consent shall set forth the name of the candidate, as the candidate wishes to have it printed on the ballot, the candidate’s town of residence, and correct mailing address.
(2) If a candidate wishes to use a nickname, the format on the ballot shall be the candidate’s first name, the nickname set off in quotations, and the candidate’s last name.
(A) A nickname of one or two words by which the candidate has been commonly known for at least three years preceding the election may be used in combination with a candidate’s name. A nickname that constitutes a slogan or otherwise indicates a political, economic, social, or religious view or affiliation may not be used.
(B) A nickname may not be used unless the candidate executes and files with the application for a place on the ballot an affidavit indicating that the nickname complies with this subsection.
(3) Professional titles such as “Dr.,” “Esq.,” or “CPA” shall not be used as part of a candidate’s name on the ballot.
(c) The consent shall be filed on or before the day petitions are due. Unless a consent is filed, the candidate’s name shall not be printed on the primary ballot. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1985, No. 137 (Adj. Sess.), § 2; 2001, No. 83 (Adj. Sess.), § 1; 2003, No. 59, § 12; 2017, No. 50, § 10; 2021, No. 60, § 1, eff. June 7, 2021.)
§ 2362. Primary ballots
(a) A separate ballot for each major political party shall be printed and furnished to the towns by the Secretary of State and shall contain the names of all candidates for nomination by that party at the primary. Ballots shall be printed on index stock and configured to be readable by vote tabulators. Ballots shall be printed in substantially the following form:
OFFICIAL VERMONT PRIMARY ELECTION BALLOT
VOTE ON ONE PARTY BALLOT ONLY AND PLACE IN BALLOT
BOX OR VOTE TABULATORALL OTHER PARTY BALLOTS MUST BE PLACED IN UNVOTED
BALLOT BOX____________
[MAJOR POLITICAL PARTY NAME]
____________
Instructions to voters: Use black pen or pencil to fill in the oval. To vote for a person whose name is printed on the ballot, fill in the oval to the right of the name of that person. To vote for a person whose name is not printed on the ballot, write or stick his or her name in the blank space provided and fill in the oval to the right of the write-in space. Do not vote for more candidates than the “Vote for Not More Than” number for an office. If you make a mistake, tear, or deface the ballot, return it to an election official and obtain another ballot. Do not erase.
(b) Following the names of candidates printed on the ballot after the name of each office to be filled shall be as many blank lines for write-in candidates as there are persons to be elected to that office. If no primary petition is filed for an office or for a candidate belonging to a party, the ballot shall contain the name of the office and blank lines for write-in candidates. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 22; 2007, No. 54, § 2; 2013, No. 161 (Adj. Sess.), § 20; 2015, No. 30, § 4, eff. May 26, 2015; 2017, No. 50, § 11.)
§ 2363. Voter’s choice of party
(a) A voter shall vote for the candidates of one party only. A person voting at the primary shall not be required to indicate his or her party choice to any election official.
(b) [Repealed.] (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 23; 2013, No. 161 (Adj. Sess.), § 21; 2017, No. 50, § 12.)
§§ 2364-2367. Repealed. 1979, No. 200 (Adj. Sess.), § 120.
§ 2368. Canvassing committee meetings
After the primary election is conducted:
(1) The canvassing committee for State and national offices and statewide public questions shall meet at 10 a.m. one week after the day of the election.
(2) The canvassing committee for county offices, countywide public questions, and State Senator shall meet at 10 a.m. on the third day following the election.
(3) The canvassing committees for local offices, local public questions, and State Representative shall meet at 10 a.m. on the day after the election, except that in the case of canvassing committees for State Representative in multi-town representative districts, the committees shall meet at 10 a.m. on the third day after the election. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 24; amended 1985, No. 197 (Adj. Sess.), § 6; 2019, No. 67, § 10.)
§ 2369. Determining winner; tie votes
(a) A person who receives a plurality of all the votes cast by a party in a primary shall be a candidate of that party for the office designated on the ballot.
(b)(1) If, after the period for requesting a recount under section 2602 of this title has expired, no candidate has requested a recount and two or more candidates of the same party are tied for the same office, or if the results of any recount result in a tie, the choice among those tied shall be determined upon five days’ notice and not later than 10 days following the primary election by the committee of that party, which shall meet to nominate a candidate from among the tied candidates. The committee that nominates a candidate shall be as follows:
(A) the State committee of a party for a State or congressional office;
(B) the senatorial district committee for State Senate;
(C) the county committee for county office; or
(D) the representative district committee for a Representative to the General Assembly.
(2) The committee chair shall certify the candidate nomination for the general election to the Secretary of State within 48 hours of the nomination. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 2009, No. 73 (Adj. Sess.), § 5, eff. April 7, 2010; 2013, No. 161 (Adj. Sess.), § 70; 2017, No. 50, § 13; 2019, No. 67, § 10.)
§ 2370. Write-in candidates
(a) A write-in candidate shall not qualify as a primary winner unless he or she receives at least one-half the number of votes as the number of signatures required for his or her 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 qualify as a primary winner.
(b) The write-in candidate who qualifies as a primary winner under this section must still be determined a winner under section 2369 of this chapter before he or she becomes the party’s candidate in the general election. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 2013, No. 161 (Adj. Sess.), § 17.)
§ 2371. Nominees; notice to nominees
(a) The canvassing committee shall prepare and sign certificates of nomination and mail or deliver in person to each candidate nominated a notice of his or her nomination within two days after their meeting. On each certificate the canvassing committee shall indicate the name, town of residence, party affiliation, and mailing address of the candidate nominated. At the same time that they mail or deliver the certificates of nomination, the canvassing committees shall also file with the office of the Secretary of State a list showing the vote for each candidate of each party for each office.
(b) Unless a person who is notified of being nominated withdraws the candidacy, the person’s name, residence, and party affiliation shall be printed upon the general election ballot in the same manner as they appear in the notice of nomination; provided, however, that within five days of the date of mailing or personal delivery a candidate may request that an error in the candidate’s name, residence, or party affiliation be corrected or that the candidate’s preference as to the candidate’s own name be used on the ballot. The candidate shall also have the right to make the choice as set forth in section 2474 of this title. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 25; amended 1985, No. 197 (Adj. Sess.) § 1.)
- Subchapter 002: NOMINATION BY PARTY COMMITTEE
§ 2381. Applicability of subchapter
(a) A candidate may also be nominated and have the candidate’s name printed on the general election ballot in accordance with the provisions set forth in this subchapter, in the following instances:
(1) In case of a vacancy on the general election ballot occasioned by death, removal, or withdrawal of a candidate, or the failure of a major political party to nominate a candidate by primary;
(2) In case a minor political party desires to nominate a candidate for any office for which major political parties nominate candidates by primary or for the offices of President and Vice President of the United States;
(3) In case of nomination for the office of justice of the peace, in the event that such nomination has not already been made by caucus as provided in section 2413 of this chapter.
(b) In no event may any committee nominate a candidate or candidates for statewide office under this subchapter unless the political party has town committees organized in at least 10 towns in this State in accordance with procedures in chapter 45 of this title. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 198 (Adj. Sess.), § 3; 1979, No. 200 (Adj. Sess.), § 26; 1985, No. 196 (Adj. Sess.), § 24; 2015, No. 30, § 5, eff. May 26, 2015; 2017, No. 50, § 14.)
§ 2382. Which committee to nominate
Nominations of party candidates pursuant to this subchapter shall be made by the following political committee of the party:
(1) By the State committee in the case of President and Vice President of the United States or State or congressional officers;
(2) By the county committee in the case of county officers;
(3) By the senatorial district committee in the case of the office of State Senator;
(4) By the representative district committee in the case of the office of Representative to the General Assembly;
(5) By the town committee in the case of the office of justice of the peace. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 2017, No. 50, § 15.)
§ 2383. Notice of meetings
The chair of the appropriate committee, or if the chair has not called a meeting then any three members of the committee, may set a date, time, and place for a committee meeting for the nomination of candidates pursuant to this subchapter and shall give not less than five days’ notice in writing to all members of the committee. The notice shall specifically state the offices for which nominations may be made. (Added 1977, No. 269 (Adj. Sess.), § 1.)
§ 2384. Procedure upon meeting
At the time and place set for the meeting, the committee shall proceed to nominate such candidates as it may desire pursuant to this subchapter. Nomination shall require a majority of those present and voting, and if no candidate shall have received a majority after two ballots, the candidate with the lowest number of votes in the second and in each succeeding ballot shall be eliminated until a candidate receives a majority. (Added 1977, No. 269 (Adj. Sess.), § 1.)
§ 2385. Statement by committee officers; consent of candidate
(a) When a nomination is made under the provisions of this subchapter, the chair and the secretary of the committee making the nomination shall file a statement of nomination in substantially the following form:
“The ................................ met on ............ and nominated the
(name of committee) (date)
following person (or persons) to be a candidate (or candidates) of the
................................... for the office (or offices) indicated
(Name of political party)
.........................................
(Name of candidate) (residence) (office for which nominated)
“Notice of the meeting was properly given in compliance with all requirements of section 2383 of this title and the procedures required by section 2384 of this title were followed. A copy of the notice of the meeting is attached.
“We swear under oath that we understand the above provisions of law and that the statements we have made in this document are true.
Sworn to before me
........................................ ........................................
Notary Public Signature of Chair
........................................ ........................................ ”
Date Signature of Secretary
(b) The statement of nomination shall be signed by the chair or acting chair and secretary or acting secretary of the committee making the nomination. They shall swear in their statement of nomination that the notice requirements of section 2383 of this title and procedural requirements of section 2384 of this title were complied with and that the persons listed as candidates were nominated at the meeting.
(c) A copy of the notice that was sent to all committee members pursuant to section 2383 of this title shall be filed along with the statement of nomination.
(d) Except in the case of nominations for justice of the peace, the candidate named in the statement shall file a consent to having the candidate’s name printed on the ballot, similar in form to the consent required in section 2361 of this title before the last day for filing statements of nomination. It shall be sufficient for meeting this requirement if the candidate signs the statement of nomination with a statement in substantially the following form:
“I consent to having my name printed on the general election ballot for the office of _________________________________________ .
(office for which nomination was made)
My name (as I wish it to appear on the ballot), town or city of residence, and party are as follows:
________ _____________ _________________________________________
Name (please print) Town of residence (please print) Party (please print)
____ _________________________________________
Date Signature of Candidate
_________________________________________ ”
Mailing Address
(e) In the case of nominations by town committee or caucus for the office of justice of the peace, before filing the statement of nomination the chair, acting chair, secretary, or acting secretary shall check with each nominee and confirm that he or she consents to have his or her name printed on the ballot as a candidate for that position and to serve if elected. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 27; 1985, No. 137 (Adj. Sess.), § 1; 2001, No. 83 (Adj. Sess.), § 2.)
§ 2386. Time for filing statements
(a) In the case of the failure of a major political party to nominate a candidate by primary, a statement shall be filed not later than 5:00 p.m. on the sixth day following the primary.
(b) In the case of the death or withdrawal of a candidate after the primary election, the party committee shall have seven days from the date of the death or withdrawal to nominate a candidate. In no event shall a statement be filed later than 60 days prior to the general election.
(c)(1) In the case of a nomination by a minor political party, a statement shall be filed not earlier than the fourth Monday in April and not later than 5:00 p.m. on the Thursday preceding the primary election described in section 2351 of this chapter and not later than 5:00 p.m. on the third day prior to the day of a special primary election.
(2) A statement shall apply only to the election cycle in which the statement is filed.
(d) In the case of a nomination for the office of justice of the peace, a statement shall be filed as set forth in section 2413 of this chapter. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 28; 1985, No. 197 (Adj. Sess.), § 7; 2001, No. 83 (Adj. Sess.), § 3; 2003, No. 59, § 13; 2009, No. 73 (Adj. Sess.), § 6, eff. April 7, 2010; 2009, No. 98 (Adj. Sess.), § 1, eff. May 10, 2010; 2015, No. 30, § 6, eff. May 26, 2015; 2017, No. 50, § 16.)
§ 2387. Place for filing statements
Statements for the office of justice of the peace shall be filed with the town clerk. All other statements and consents shall be filed with the Secretary of State. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 29.)
- Subchapter 003: INDEPENDENT CANDIDATES
§ 2401. Applicability of subchapter
A person may be nominated and have his or her 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. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1985, No. 196 (Adj. Sess.), § 8; 1995, No. 95 (Adj. Sess.), § 1.)
§ 2402. Requisites of statement
(a) A statement of nomination shall contain:
(1) The name of the office for which the nomination is made.
(2) The candidate’s name and residence.
(3) If desired, a name, or other identification (in not more than three words) to be printed on the ballot following the candidate’s name.
(4) In the case of nomination for President or Vice President of the United States:
(A) The name and state of residence of each candidate for such office, together with the name, town of residence, and correct mailing address of each nominee for the office of elector.
(B)(i) The original statement of nomination shall include a certification by the town clerk of each town where the signers appear to be voters that the persons whose names appear as signers of the statement are registered voters in the town and of the total number of valid signers from the town.
(ii) Only the number of signers certified as registered voters by each town clerk on the original statement of nomination forms shall count toward the required number of signatures.
(C) The statement shall also be accompanied by a consent form from each nominee for elector. The consent form shall be similar to the consent form prescribed in section 2361 of this title.
(b)(1) To constitute a valid nomination, a statement shall contain signatures of voters qualified to vote in an election for the office in question, equal in number to at least:
(A) for presidential and vice presidential offices, 1,000;
(B) for State and congressional offices, 500;
(C) for county officers or State Senators, 100;
(D) for Representative to the General Assembly, 50;
(E) for justice of the peace, 30 or one percent of the legal voters of the municipality, whichever is less.
(2) Signatures need not all be contained on one paper.
(c) A statement shall state that each signer is qualified to vote in an election for the office in question and that the voter’s residence is as set forth next to the voter’s name.
(d)(1) A statement of nomination and a completed and signed consent form shall be filed:
(A) in the case of nomination for President or Vice President of the United States, not earlier than the fourth Monday in April and not later than 5:00 p.m. on the August 1 preceding the presidential general election;
(B) in the case of nomination for justice of the peace, not earlier than the fourth Monday in April and not later than 5:00 p.m. on the third day following the primary election; or
(C) in the case of any other independent candidate, not earlier than the fourth Monday in April and not later than 5:00 p.m. on the Thursday preceding the primary election prescribed by section 2351 of this chapter, and not later than 5:00 p.m. of the third day prior to the day of a special primary election.
(2) A public official receiving nominations shall not accept a petition unless a completed and signed consent form is filed at the same time.
(3) A statement of nomination shall apply only to the election cycle in which the statement of nomination is filed.
(e) The Secretary of State shall prescribe and furnish forms for a statement of nomination.
(f) In the event that an independent vice presidential candidate withdraws in accordance with section 2412 of this chapter, the presidential candidate may submit to the Secretary of State on or before the ballot printing deadline a new consent form signed by the presidential candidate and his or her new vice presidential candidate. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), §§ 30-32; 1985, No. 196 (Adj. Sess.), § 9; 1995, No. 95 (Adj. Sess.), § 2; 2001, No. 83 (Adj. Sess.), § 4; 2007, No. 54, § 3; 2007, No. 121 (Adj. Sess.), § 7, eff. May 6, 2008; 2009, No. 73 (Adj. Sess.), § 7, eff. April 7, 2010; 2009, No. 98 (Adj. Sess.), § 1, eff. May 10, 2010; 2013, No. 161 (Adj. Sess.), § 17a, eff. Jan. 1, 2016; 2015, No. 30, § 7, eff. Jan. 1, 2016; 2017, No. 50, § 17.)
§ 2403. Number of candidates; party names
(a)(1) A statement of nomination shall contain the name of only one candidate, except in the case of presidential and vice presidential candidates, who may be nominated by means of the same statement of nomination.
(2) A single statement of nomination shall contain only one office for which a person seeks to be a candidate.
(b)(1) The political or other name on a statement of nomination shall be substantially different from the name of any organized political party. It shall also be substantially different from the political or other name already appearing on any other statement of nomination for the same office then on file with the same officer for the same election.
(2) If the Secretary of State determines that it is not substantially different, the candidate named on the statement shall select a different political or other name; otherwise the Secretary shall print the word “Independent” on the ballot for that candidate.
(c)(1) Except in the case of presidential and vice presidential candidates, the word “independent” may not be used as part of a party name.
(2) If no party is indicated, the word “Independent” shall be printed on the ballot.
(3) A candidate appearing on the ballot as a candidate of a political party shall not also appear on the ballot as an “Independent.” (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 33; 1985, No. 196 (Adj. Sess.), § 10; 2001, No. 5, § 15; 2017, No. 50, § 18; 2019, No. 67, § 10.)
§ 2404. Preservation of statements
The Secretary of State shall preserve all statements until three months after the general election, after which they may be destroyed. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 34; 1985, No. 196 (Adj. Sess.), § 11.)
- Subchapter 004: MISCELLANEOUS PROVISIONS
§ 2411. Applicability of other law
Except as specifically provided in this chapter, all other provisions of this title shall govern the several procedures specified in this chapter for the making of nominations. (Added 1977, No. 269 (Adj. Sess.), § 1.)
§ 2412. Withdrawal of candidacy
(a)(1) A candidate who has been validly nominated by one of the methods prescribed in this chapter shall have a right to withdraw his or her candidacy up until 5:00 p.m. on the tenth day following the primary by filing a written notice of withdrawal with the town clerk in the case of a candidate for justice of the peace, and with the Secretary of State in the case of all other offices.
(2) The name of a candidate who has withdrawn in accordance with the provisions of this subsection shall not be printed on the ballot.
(b) After the date described in subdivision (a)(1) of this section, if the candidate has filed a written notice of withdrawal, the town clerk or Secretary of State may still remove the candidate’s name from the ballot up until the printing deadline. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 35; 2003, No. 59, § 14; 2017, No. 50, § 19.)
§ 2413. Nomination of justices of the peace
(a)(1) The party members in each town, on or before each primary election, upon the call of the town committee, may meet in caucus and nominate candidates for justice of the peace.
(2)(A) The committee shall give notice of the caucus by posting notice at the office of the town clerk and two other public places in the town at least five days prior to the caucus.
(B) In addition, for towns with over 3,000 voters, the committee shall post this notice at least one day prior to the caucus:
(i)(I) in a newspaper of general circulation within the town; or
(II) on a nonpartisan electronic news media website that specializes in news of the State or the community; and
(ii) on the municipality’s website, if the municipality actively updates its website on a regular basis.
(3) [Repealed.]
(b) If it does not hold a caucus as provided in subsection (a) of this section, the town committee shall meet and nominate candidates for justices of the peace as provided in sections 2381 through 2385 of this title. At least three days prior to this meeting, the town committee shall provide notice of the meeting by e-mailing or mailing committee members and by posting notice of the meeting in the office of the town clerk and in two other public places in the town.
(c) In any town in which a political party has not formally organized, any three members of the party who are voters in the town may call a caucus to nominate candidates for justice of the peace by giving notice as required in subsection (a) of this section. Upon meeting, the caucus shall first elect a chair and a secretary. Thereafter the caucus shall nominate its candidates for justice of the peace.
(d) [Repealed.]
(e) For any nomination made under this section, the chair and secretary of the committee or caucus shall file the statement required by section 2385 of this title by 5:00 p.m. on the third day following the primary election. (Added 1979, No. 200 (Adj. Sess.), § 36; amended 2009, No. 73 (Adj. Sess.), § 8, eff. April 7, 2010; 2009, No. 98 (Adj. Sess.), § 1, eff. May 10, 2010; 2013, No. 161 (Adj. Sess.), § 18, eff. May 28, 2014; 2015, No. 30, § 8, eff. May 26, 2015.)
§ 2414. Candidates for State and legislative office; disclosure form
[Subsection (a) effective until January 1, 2026; see also subsection (a) effective January 1, 2026 set out below.]
(a) Each candidate for State office, State Senator, or State Representative shall file with the officer with whom consent of candidate forms are filed, along with his or her consent, a disclosure form prepared by the State Ethics Commission that contains the following information in regard to the previous calendar year:
(1) Each source, but not amount, of personal income of the candidate and of his or her spouse or domestic partner, and of the candidate together with his or her spouse or domestic partner, that totals more than $5,000.00, including any of the sources meeting that total described as follows:
(A) employment, including the employer or business name and address and, if self-employed, a description of the nature of the self-employment without needing to disclose any individual clients; and
(B) investments, described generally as “investment income.”
(2) Any board, commission, or other entity that is regulated by law or that receives funding from the State on which the candidate served and the candidate’s position on that entity.
(3) Any company of which the candidate or his or her spouse or domestic partner, or the candidate together with his or her spouse or domestic partner, owned more than 10 percent.
(4) Any lease or contract with the State held or entered into by:
(A) the candidate or his or her spouse or domestic partner; or
(B) a company of which the candidate or his or her spouse or domestic partner, or the candidate together with his or her spouse or domestic partner, owned more than 10 percent.
[Subsection (a) effective January 1, 2026; see also subsection (a) effective until January 1, 2026 set out above.]
(a) Each candidate for State office, county office, State Senator, or State Representative shall file with the officer with whom consent of candidate forms are filed, along with the candidate’s consent, a disclosure form created and maintained by the State Ethics Commission that contains the following information in regard to the previous 12 months:
(1) each source, but not amount, of personal income of the candidate and of the candidate’s spouse or domestic partner, and of the candidate together with the candidate’s spouse or domestic partner, that totals more than $5,000.00:
(A) including the candidate’s employer or business name and address; and
(B) if self-employed, a description of the nature of the self-employment, including the names of any clients whose principal business activities are regulated by or that have a contract with any municipal or State office, department, or agency, provided that this information is known to the candidate or the candidate’s domestic partner and that the disclosed information is not confidential information;
(2) any board, commission, or other entity that is regulated by law on which the candidate served and the candidate’s position on that entity;
(3)(A) any company of which the candidate or the candidate’s spouse or domestic partner, or the candidate together with the candidate’s spouse or domestic partner, owned more than 10 percent; and
(B) the details of any loan made to or by any applicable company in subdivision (A) of this subdivision (3) that is not a commercially reasonable loan made in the ordinary course of business, including any borrower and lender;
(4) any company of which the candidate or the candidate’s spouse or domestic partner, or the candidate together with the candidate’s spouse or domestic partner, had an ownership or controlling interest in any amount, and in the previous 12 months the company had business before or with any municipal or State office, agency, or department;
(5) any lease or contract with the State held or entered into by:
(A) the candidate or the candidate’s spouse or domestic partner; or
(B) a company of which the candidate or the candidate’s spouse or domestic partner, or the candidate together with the candidate’s spouse or domestic partner, owned more than 10 percent;
(6) a generalized description, but not amount, to the best of the candidate’s knowledge, of the following investments held by a candidate or the candidate’s spouse or domestic partner:
(A) individual stock holdings valued at $25,000.00 or more, which a candidate exercises control over or has the ability to buy or sell, which shall be listed individually;
(B) interests in investment funds valued at $25,000.00 or more that a candidate or the candidate’s spouse or domestic partner has the ability to exercise control over the composition of assets within a fund, which shall be listed individually;
(C) interests in virtual currencies, as defined in 8 V.S.A. § 2500, valued at $25,000.00 or more, which shall be listed individually;
(D) interests in trusts valued at $25,000.00 or more, which shall be listed individually;
(E) municipal or State bonds issued in the State of Vermont valued at $25,000.00 or more, which shall be listed individually; and
(F) the details of any loan valued at $10,000.00 or more, made to the candidate or the candidate’s spouse that is not a commercially reasonable loan made in the ordinary course of business; and
(7) the full name of the candidate’s spouse or domestic partner.
[Subsection (b) effective until January 1, 2026; see also subsection (b) effective January 1, 2026 set out below.]
(b) In addition, if a candidate’s spouse or domestic partner is a lobbyist, the candidate shall disclose that fact and provide the name of his or her spouse or domestic partner and, if applicable, the name of his or her lobbying firm.
[Subsection (b) effective January 1, 2026; see also subsection (b) effective until January 1, 2026 set out above.]
(b) In addition, if a candidate’s spouse or domestic partner is a lobbyist, the candidate shall disclose that fact and provide the name of the candidate’s spouse or domestic partner and, if applicable, the name of the lobbying firm.
[Subsection (c) effective until January 1, 2026; see also subsection (c) effective January 1, 2026 set out below.]
(c) In addition, each candidate for State office shall attach to the disclosure form described in subsection (a) of this section a copy of his or her most recent U.S. Individual Income Tax Return Form 1040; provided, however, that the candidate may redact from that form the following information:
(1) the candidate’s Social Security number and that of his or her spouse, if applicable;
(2) the names of any dependent and the dependent’s Social Security number; and
(3) the signature of the candidate and that of his or her spouse, if applicable.
[Subsection (c) effective January 1, 2026; see also subsection (c) effective until January 1, 2026 set out above.]
(c) In addition, each candidate for State office shall attach to the disclosure form described in subsection (a) of this section a copy of the candidate’s most recent U.S. Individual Income Tax Return Form 1040; provided, however, that the candidate may redact from that form the following information:
(1) the candidate’s Social Security number and that of the candidate’s spouse, if applicable;
(2) the names of any dependent and the dependent’s Social Security number;
(3) the signature of the candidate and that of the candidate’s spouse, if applicable;
(4) the candidate’s street address; and
(5) any identifying information and signature of a paid preparer.
[Subsection (d) effective until January 1, 2026; see also subsection (d) effective January 1, 2026 set out below.]
(d)(1) A senatorial district clerk or representative district clerk who receives a disclosure form under this section shall forward a copy of the disclosure to the Secretary of State within three business days of receiving it.
(2)(A) The Secretary of State shall post a copy of any disclosure forms and tax returns he or she receives under this section on his or her official State website. The forms shall remain posted on the Secretary’s website until the date of the filing deadline for petition and consent forms for major party candidates for the statewide primary in the following election cycle.
(B) Prior to posting, the Secretary shall redact from a tax return the information permitted to be redacted under subsection (c) of this section, if the candidate fails to do so.
[Subsection (d) effective January 1, 2026; see also subsection (d) effective until January 1, 2026 set out above.]
(d)(1) A senatorial district clerk or representative district clerk who receives a disclosure form under this section shall forward a copy of the disclosure to the Secretary of State within three business days after receiving it.
(2)(A) The Secretary of State shall post a copy of any disclosure forms and tax returns the Secretary receives under this section on the Secretary’s official State website. The forms shall remain posted on the Secretary’s website until the date of the filing deadline for petition and consent forms for major party candidates for the statewide primary in the following election cycle.
(B) Prior to posting, the Secretary shall redact from a tax return the information permitted to be redacted under subsection (c) of this section, if the candidate fails to do so.
[Subsection (e) effective until January 1, 2026; see also subsection (e) effective January 1, 2026 set out below.]
(e) As used in this section:
(1) “Domestic partner” means an individual with whom the candidate has an enduring domestic relationship of a spousal nature, as long as the candidate and the domestic partner:
(A) have shared a residence for at least six consecutive months;
(B) are at least 18 years of age;
(C) are not married to or considered a domestic partner of another individual;
(D) are not related by blood closer than would bar marriage under State law; and
(E) have agreed between themselves to be responsible for each other’s welfare.
(2) “Lobbyist” and “lobbying firm” shall have the same meanings as in 2 V.S.A. § 261.
[Subsection (e) effective January 1, 2026; see also subsection (e) effective until January 1, 2026 set out above.]
(e) As used in this section:
(1) “Commercially reasonable loan made in the ordinary course of business” means a loan made:
(A) in the usual manner on any recognized market;
(B) at the price current in any recognized market at the time of making the loan; or
(C) otherwise in conformity with reasonable commercial practices among lenders typically dealing in the type of loan made.
(2) “Confidential information” means information that is exempt from public inspection and copying under 1 V.S.A. § 315 et seq. or is otherwise designated by law as confidential.
(3) “County office” means the office of assistant judge of the Superior Court, high bailiff, judge of Probate, sheriff, or State’s Attorney.
(4) “Domestic partner” means an individual with whom the candidate has an enduring domestic relationship of a spousal nature, provided the candidate and the domestic partner:
(A) have shared a residence for at least six consecutive months;
(B) are at least 18 years of age;
(C) are not married to or considered a domestic partner of another individual;
(D) are not related by blood closer than would bar marriage under State law; and
(E) have agreed between themselves to be responsible for each other’s welfare.
(5) “Lobbyist” and “lobbying firm” have the same meanings as in 2 V.S.A. § 261.
(6) “Investment fund” means a widely held investment fund that is publicly traded or available, including a mutual fund, regulated investment company, common trust fund maintained by a bank or similar financial institution, pension or deferred compensation plan, and any other pooled investment fund. (Added 2017, No. 79, § 3, eff. Jan. 1, 2018; amended 2019, No. 67, § 10; 2023, No. 171 (Adj. Sess.), § 1, eff. January 1, 2026.)
§ 2415. Failure to file; penalties
(a) If any disclosure required of a candidate for State office, county office, State Senator, or State Representative by section 2414 of this title is not filed in the time and manner set forth in sections 2356, 2361, and 2402 of this title, the candidate for State office, county office, State Senator, or State Representative shall be addressed as follows:
(1) The State Ethics Commission, after notification by the Office of the Secretary of State of the names of delinquent filers, shall issue a notice of delinquency to the candidate for State office, county office, State Senator, or State Representative for any disclosure required of a candidate for State office, county office, State Senator, or State Representative by section 2414 of this title that is not filed in the time and manner set forth in sections 2356, 2361, and 2402 of this title.
(2) Following notice of delinquency sent by the State Ethics Commission to the candidate for State office, county office, State Senator, or State Representative, the candidate shall have five working days from the date of the issuance of the notice to cure the delinquency.
(3) Beginning six working days from the date of notice, the delinquent candidate for State office, county office, State Senator, or State Representative shall pay a $10.00 penalty for each day thereafter that the disclosure remains delinquent; provided, however, that in no event shall the amount of any penalty imposed under this subdivision exceed $1,000.00.
(4) Notwithstanding subdivision (3) of this subsection (a), the State Ethics Commission may reduce or waive any penalty imposed under this section if the candidate for State office, county office, State Senator, or State Representative demonstrates good cause, as determined by the State Ethics Commission and in the sole discretion of the State Ethics Commission.
(b) The Commission shall send a notice of delinquency to the e-mail address provided by the candidate for State office, county office, State Senator, or State Representative in the candidate’s consent of candidate form.
(c) The State Ethics Commission may avail itself of remedies available under the Vermont Setoff Debt Collection Act, as set forth in 32 V.S.A. chapter 151, subchapter 12, to collect any unpaid penalty.
(d)(1) A candidate for State office, county office, State Senator, or State Representative who files a disclosure with intent to defraud, falsify, conceal, or cover up by any trick, scheme, or device a material fact, or, with intent to defraud, make any false, fictitious, or fraudulent claim or representation as to a material fact, or, with intent to defraud, make or use any writing or document knowing the same to contain any false, fictitious, or fraudulent claim or entry as to a material fact shall be considered to have made a false claim for the purposes of 13 V.S.A. § 3016.
(2) Pursuant to 3 V.S.A. § 1223 and section 2904a of this title, complaints regarding any candidate for State office, county office, State Senator, or State Representative who fails to properly file a disclosure required under this subchapter may be filed with the State Ethics Commission. The Executive Director of the State Ethics Commission shall refer complaints to the Attorney General or to the State’s Attorney of jurisdiction for investigation, as appropriate. (Added 2023, No. 171 (Adj. Sess.), § 6, eff. June 10, 2024.)
- Subchapter 005: PRESIDENTIAL NOMINATIONS
§ 2420. Repealed. 1985, No. 198 (Adj. Sess.), § 10.
