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Searching 2017-2018 Session

The Vermont Statutes Online

Title 17 : Elections

Chapter 051 : CONDUCT OF ELECTIONS

Subchapter 009 : RECOUNTS AND CONTEST OF ELECTIONS

(Cite as: 17 V.S.A. § 2602j)
  • § 2602j. Court hearing and judgment

    (a) [Repealed.]

    (b) [Repealed.]

    (c) Candidates and their attorneys shall be given the opportunity to present evidence to the court relating to the conduct of the recount, how to count questionable votes, and the marking of any ballot as defective in accordance with section 2547 or subsection 2587(d) of this title.

    (d) On the day of the hearing, the town clerk of any town subject to the recount shall be available in person or by telephone to answer any questions regarding the town's election.

    (e) If the court determines that any violations of recount procedures have occurred and that they may have affected the outcome of the recount, a new recount shall be ordered.

    (f) After such hearings or arguments as may be indicated under the circumstances and after it has made a final decision on any questionable votes or defective ballots, the Superior Court, within five working days, shall:

    (1) issue a judgment, which shall supersede any certificate of election previously issued;

    (2) send a certified copy of the judgment to the Secretary of State; and

    (3) return to the county clerk any ballots containing questionable votes and defective ballots that had been forwarded to the court. (Added 1985, No. 148 (Adj. Sess.), § 5; amended 2013, No. 161 (Adj. Sess.), § 42; 2017, No. 50, § 1.)