§ 2680. Australian ballot system; general
(a) Application. Unless specifically required by statute, the provisions of the Australian ballot system
shall not apply to the annual or special meeting of a municipality unless that municipality,
at its annual meeting or at a special meeting called for that purpose, votes to have
them apply.
(b) Officers. Once a municipality votes to elect any or all officers by the Australian ballot system,
the officers shall be elected in that manner until the municipality votes to discontinue
use of the system. A vote on whether to use the Australian ballot system to elect
officers shall be in substantially the following form:
(1) “Shall (name of municipality) elect its (specify the municipal officer or officers
to be elected) by Australian ballot?” or
(2) “Shall (name of municipality) elect all municipal officers by Australian ballot?”
(c) Budgets.
(1) A vote on whether to use the Australian ballot system to establish the budget shall
be in substantially the following form:
“Shall (name of municipality) adopt its (name of individual budget article) or (all
budget articles) by Australian ballot?”
(2) If a budget voted on by Australian ballot is rejected, the legislative body shall
prepare a revised budget.
(A) The legislative body shall establish a date for the vote on the revised budget and
shall take appropriate steps to warn a public informational meeting on the budget
and the vote. The date of the public informational meeting shall be at least five
days following the public notice. The date of the vote shall be at least seven days
following the public notice.
(B) The vote on the revised budget shall be by Australian ballot and shall take place
in the same locations that the first vote was taken; provided, however, that if that
polling place is unavailable, the vote may be held at a different location, with notice
posted of the meeting location at the original location.
(C) The budget shall be established if a majority of all votes cast are in favor. If the
revised budget is rejected, the legislative body shall repeat the procedure in this
subsection until a budget is adopted.
(D) Once a municipality votes to establish its budget by the Australian ballot system,
the vote on the budget shall be taken by Australian ballot until the municipality
votes to discontinue use of the system.
(d) Public questions.
(1) A vote on whether to use the Australian ballot on public questions other than the
budget shall be in substantially the following form:
“Shall (name of municipality) vote on (specify the public question) by Australian
ballot?”
or
“Shall (name of municipality) vote on all public questions by Australian ballot?”
(2) Once a municipality has voted to vote on any specific or all public questions by Australian
ballot, the votes shall be taken by Australian ballot until the municipality votes
to discontinue use of the system.
(e) Use. A municipality shall not use the Australian ballot system at the same election at
which its voters decide that the system shall be used.
(f) Presiding officer. The presiding officer for any election or part of an election using the Australian
ballot system shall be the town clerk or as otherwise provided in section 2452 of this title.
(g) Early and absentee voting. At the time the Australian ballots are available, which shall be not less than 20
days before the election, early and absentee voting shall be permitted in accordance
with chapter 51, subchapter 6 of this title.
(1) The legislative body of a town, city, or village may vote to mail a ballot to all
active registered voters in the town, city, or village.
(2) A school board may, after receiving the approval of the legislative body of each member
town in the district, vote to mail its annual meeting ballot to all active registered
voters in the district. In such case, the town clerk and election officials in the
member towns shall be responsible for the mailing of the ballots but all costs associated
with the mailing of ballots shall be borne by the school district.
(3) Ballots shall be mailed not less than 20 days before the election, or as soon as they
are available.
(4) The mailing of ballots shall be conducted to the extent practicable in accordance
with chapter 51, subchapter 6 of this title.
(h) Hearing.
(1) Whenever a municipality has voted to adopt the Australian ballot system of voting
on any public question or budget, except the budget revote as provided in subsection
(c) of this section, the legislative body shall hold a public informational hearing
on the question by posting warnings at least 10 days in advance of the hearing in
at least two public places within the municipality and in the town clerk’s office.
(2)(A) The hearing shall be held within the 30 days preceding the meeting at which the Australian
ballot system is to be used. The legislative body shall be responsible for the administration
of this hearing, including the preparation of minutes.
(B) In a town that has voted to start its annual meeting on any of the three days immediately
preceding the first Tuesday in March in accordance with subsection 2640(b) of this title, the hearing under this subsection may be held in conjunction with that meeting,
in which case the moderator shall preside.
(3) A hearing held pursuant to this subsection shall be video recorded and a copy of the
recording shall be posted in a designated electronic location until the results of
the meeting have been certified. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), §§ 108, 120; 1981, No. 239 (Adj. Sess.), § 24; 1983, No. 30, § 1; 2003, No. 59, § 42; 2007, No. 121 (Adj. Sess.), § 13; 2015, No. 30, § 26, eff. May 26, 2015; 2015, No. 97 (Adj. Sess.), § 46; 2017, No. 50, § 54; 2021, No. 60, § 3, eff. June 7, 2021; 2023, No. 133 (Adj. Sess.), § 9, eff. July 1, 2024; 2025, No. 1, § 1, eff. February 13, 2025.)