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Searching 2019-2020 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. Authorized applicants; application form; duplicates

    (a) Authorized applicants.

    (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. As used in this subsection, "family member" means a person's spouse, children, brothers, sisters, parents, spouse's parents, grandparents, and spouse's grandparents.

    (2) Any other authorized person may apply in writing or in person; provided, however, that voter authorization to such a person shall not be given by response to a robotic phone call.

    (b) Form of application.

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

     REQUEST FOR EARLY VOTER ABSENTEE BALLOT

    Name of early or absentee voter: __________________

    Voter's Town of Residence: __________________

    Current physical address (address where you reside): __________________

    __________________

    Telephone Number: ______

    E-mail Address: __________________

    Date: __________________

    I request early voter absentee ballot(s) for the election(s) checked below:

    (1) Annual Town Meeting;

    (2) All other local elections;

    (3) August Primary Election;

    (4) Presidential Primary (YOU MUST SELECT PARTY);

    (5) November General Election;

    (6) All elections in this calendar year.

        Please deliver the ballot(s) as indicated below (check one):

            (1) Mail to voter at: ___________          __________                ______

                                Street or P.O. Box    Town/City State     Zip Code

            (2) Delivery by two Justices of the Peace (this may only be selected if you

    are ill, injured, or have a disability). 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: __________________

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

    (c) Simultaneous voter registration.

    (1) If a person makes a simultaneous request to register to vote and to apply for an early voter absentee ballot or if the request for an early voter absentee ballot is made for a person who is not yet registered and the town clerk receives the request prior to the deadline to apply for early voter absentee ballots set forth in section 2531 of this subchapter, the town clerk shall mail a blank voter registration application, together with a full set of early voter absentee ballots, to that person.

    (2) An official federal postcard application shall suffice as a simultaneous application to register to vote and for an early voter absentee ballot.

    (3)(A) All voter registration applications 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.

    (B) If the voter registration application is approved and the voter's 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) Application time frame.

    (1) An application for an early voter absentee ballot shall be valid for the elections or the time frame specified by the applicant.

    (2) A single application shall only be valid for any elections within the same calendar year.

    (e) Duplicate early voter absentee ballots.

    (1)(A) 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.

    (B) 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.

    (2) 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.

    (f) Unauthorized applicants.

    (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; 2017, No. 50, § 27; 2019, No. 67, § 14.)