| 1 | 1 | | BILL AS INTRODUCED H.66 |
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| 2 | 2 | | 2025 Page 1 of 3 |
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| 5 | 5 | | VT LEG #378432 v.1 |
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| 6 | 6 | | H.66 1 |
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| 7 | 7 | | Introduced by Representative Scheu of Middlebury 2 |
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| 8 | 8 | | Referred to Committee on 3 |
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| 9 | 9 | | Date: 4 |
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| 10 | 10 | | Subject: Elections; nominations; write-in candidates; failure of a major 5 |
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| 11 | 11 | | political party to nominate a candidate by primary 6 |
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| 12 | 12 | | Statement of purpose of bill as introduced: This bill proposes to require that a 7 |
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| 13 | 13 | | write-in candidate must receive at least the same number of votes as the 8 |
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| 14 | 14 | | number of signatures required for the office in order to qualify as the winner in 9 |
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| 15 | 15 | | a primary election unless that write-in candidate receives more votes than any 10 |
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| 16 | 16 | | other candidate whose name is printed on the ballot. This bill also prohibits a 11 |
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| 17 | 17 | | major political party from nominating a candidate for a general election party 12 |
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| 18 | 18 | | if that party failed to nominate a candidate during the primary election. 13 |
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| 19 | 19 | | An act relating to the number of votes required for a write-in candidate to 14 |
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| 20 | 20 | | win a primary election 15 |
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| 21 | 21 | | It is hereby enacted by the General Assembly of the State of Vermont: 16 |
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| 22 | 22 | | * * * Write-In Candidates Thresholds for Primary Elections * * * 17 |
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| 23 | 23 | | Sec. 1. 17 V.S.A. § 2370 is amended to read: 18 |
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| 24 | 24 | | § 2370. WRITE-IN CANDIDATES 19 BILL AS INTRODUCED H.66 |
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| 28 | 28 | | VT LEG #378432 v.1 |
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| 29 | 29 | | (a) A write-in candidate shall not qualify as a primary winner unless he or 1 |
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| 30 | 30 | | she the candidate receives at least one-half the same number of votes as the 2 |
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| 31 | 31 | | number of signatures required for his or her the candidate’s office on a primary 3 |
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| 32 | 32 | | petition, except that if a write-in candidate receives more votes than a any 4 |
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| 33 | 33 | | other candidate whose name is printed on the ballot, he or she the write-in 5 |
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| 34 | 34 | | candidate may qualify as a primary winner. 6 |
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| 35 | 35 | | (b) The write-in candidate who qualifies as a primary winner under this 7 |
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| 36 | 36 | | section must still be determined a winner under section 2369 of this chapter 8 |
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| 37 | 37 | | before he or she the candidate becomes the party’s candidate in the general 9 |
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| 38 | 38 | | election. 10 |
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| 39 | 39 | | * * * Failure of a Major Political Party to Nominate a Candidate by Primary 11 |
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| 40 | 40 | | * * * 12 |
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| 41 | 41 | | Sec. 2. 17 V.S.A. § 2381 is amended to read: 13 |
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| 42 | 42 | | § 2381. APPLICABILITY OF SUBCHAPTER 14 |
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| 43 | 43 | | (a) A candidate may also be nominated and have the candidate’s name 15 |
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| 44 | 44 | | printed on the general election ballot in accordance with the provisions set 16 |
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| 45 | 45 | | forth in this subchapter, in the following instances: 17 |
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| 46 | 46 | | (1) In in case of a vacancy on the general election ballot occasioned by 18 |
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| 47 | 47 | | death, removal, or withdrawal of a candidate, or but not for the failure of a 19 |
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| 48 | 48 | | major political party to nominate a candidate by primary; 20 BILL AS INTRODUCED H.66 |
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| 49 | 49 | | 2025 Page 3 of 3 |
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| 51 | 51 | | |
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| 52 | 52 | | VT LEG #378432 v.1 |
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| 53 | 53 | | (2) In in case a minor political party desires to nominate a candidate for 1 |
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| 54 | 54 | | any office for which major political parties nominate candidates by primary or 2 |
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| 55 | 55 | | for the offices of President and Vice President of the United States; and 3 |
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| 56 | 56 | | (3) In in case of nomination for the office of justice of the peace, in the 4 |
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| 57 | 57 | | event that such nomination has not already been made by caucus as provided in 5 |
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| 58 | 58 | | section 2413 of this chapter. 6 |
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| 59 | 59 | | * * * 7 |
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| 60 | 60 | | Sec. 3. 17 V.S.A. § 2386 is amended to read: 8 |
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| 61 | 61 | | § 2386. TIME FOR FILING STATEMENTS 9 |
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| 62 | 62 | | (a) In the case of the failure of a major political party to nominate a 10 |
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| 63 | 63 | | candidate by primary, a statement shall be filed not later than 5:00 p.m. on the 11 |
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| 64 | 64 | | sixth day following the primary. [Repealed.] 12 |
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| 65 | 65 | | * * * 13 |
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| 66 | 66 | | * * * Effective Date * * * 14 |
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| 67 | 67 | | Sec. 4. EFFECTIVE DATE 15 |
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| 68 | 68 | | This act shall take effect on passage. 16 |
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