Vermont 2025-2026 Regular Session

Vermont House Bill H0314 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	BILL AS INTRODUCED H.314
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5	5	H.314 1
6	6	Introduced by Representatives Sibilia of Dover and Nugent of South 2
7	7	Burlington 3
8	8	Referred to Committee on 4
9	9	Date: 5
10	10	Subject: Elections; primaries 6
11	11	Statement of purpose of bill as introduced: This bill proposes to require 7
12	12	nonpartisan primary elections in which the four candidates receiving the most 8
13	13	votes shall be placed on the ballot for the succeeding general election. 9
14	14	An act relating to a top-four nonpartisan primary election system 10
15	15	It is hereby enacted by the General Assembly of the State of Vermont: 11
16	16	* * * Short Title * * * 12
17	17	Sec. 1. SHORT TITLE 13
18	18	This act may be cited as the “People over Party Provision for Vermont’s 14
19	19	Primary Elections Act of 2025.” 15
20	20	* * * Provisions for Primary Elections * * * 16
21	21	Sec. 2. 17 V.S.A. chapter 49 is amended to read: 17
22	22	CHAPTER 49. NOMINATIONS PRIMARY ELECTIONS 18
23	23	Subchapter 1. Primary Elections 19
24	24	§ 2351. PROVISIONS FOR PRIMARY ELECTION 20 BILL AS INTRODUCED H.314
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28	28	A primary election shall be held on the second Tuesday in August in each 1
29	29	even-numbered year for the nomination of candidates of major political parties 2
30	30	to narrow the number of candidates for all offices to be voted for at the 3
31	31	succeeding general election, except candidates for President and Vice 4
32	32	President of the United States, their electors, and justices of the peace. A 5
33	33	primary election does not serve to determine the nominee of a political party. 6
34	34	§ 2352. NOMINATION OF CANDIDATES PRIOR TO SPECIAL 7
35	35	PRIMARY ELECTION 8
36	36	When the Governor or any court, pursuant to law, orders a special election 9
37	37	to be held for any of the offices covered by section 2351 of this title, a special 10
38	38	primary election shall be held on the Tuesday that falls not less than 60 days 11
39	39	nor more than 66 days prior to the date set for the special election. The 12
40	40	nomination of candidates prior to a special election, including nomination both 13
41	41	by primary and by other means, shall be governed by the rules applicable to 14
42	42	nomination of candidates prior to the general election, except as may be 15
43	43	specifically provided in this chapter. The term “general election,” as used in 16
44	44	this chapter, shall be deemed to include a special election, unless the context 17
45	45	requires a different interpretation. 18
46	46	§ 2353. PETITIONS TO PLACE NAMES ON BALLOT 19
47	47	(a) The name of any person shall be printed upon the primary ballot as a 20
48	48	candidate for nomination by any major political party for the office indicated, 21
49	49	if a petition containing the requisite number of signatures made by registered 22 BILL AS INTRODUCED H.314
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53	53	voters, in substantially the following form, is filed with the proper official, 1
54	54	together with the person’s written consent to having his or her the person’s 2
55	55	name printed on the ballot: 3
56	56	I join in a petition to place on the primary ballot of the ....................... party the 4
57	57	name of ...................., whose residence is in the (city), (town) of ...................... 5
58	58	in the county of ......................, for the office of ...................... to be voted for 6
59	59	on Tuesday, the ............... day of August, 20 ........; and I certify that I am at the 7
60	60	present time a registered voter and am qualified to vote for a candidate for this 8
61	61	office. 9
62	62	(b)(1) A person’s name shall not be listed as a candidate on the primary 10
63	63	ballot of more than one party in the same election. [Repealed.] 11
64	64	(2) A single petition shall contain only one office for which a person 12
65	65	seeks to be a candidate. 13
66	66	(3) A person shall file a separate petition for each office for which he or 14
67	67	she a person seeks to be a candidate. 15
68	68	§ 2354. SIGNING PETITIONS 16
69	69	(a) Any number of voters may sign the same petition. 17
70	70	(b)(1) A voter’s signature shall not be valid unless at the time he or she the 18
71	71	voter signs, the voter is registered and qualified to vote for the candidate whose 19
72	72	petition he or she the voter signs. 20
73	73	(2) Each voter shall indicate he or she the voter’s town of residence next 21
74	74	to his or her signature. 22 BILL AS INTRODUCED H.314
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78	78	(c) The signature of a voter on a candidate’s petition does not necessarily 1
79	79	indicate that the voter supports the candidate. 2
80	80	(d) A petition shall contain the name of only one candidate. 3
81	81	§ 2355. NUMBER OF SIGNATURES REQUIRED 4
82	82	The number of signatures on primary petitions shall be not less than: 5
83	83	(1) for State and congressional officers, 500; 6
84	84	(2) for county officers or State senator, 100; and 7
85	85	(3) for Representative to the General Assembly, 50; and 8
86	86	(4) for justice of the peace, 30 or one percent of the legal voters of the 9
87	87	municipality, whichever is less. 10
88	88	§ 2356. TIME FOR FILING PETITIONS 11
89	89	(a) Primary petitions for major party candidates shall be filed not earlier 12
90	90	than the fourth Monday in April and not later than 5:00 p.m. on the fourth 13
91	91	Thursday after the first Monday in May preceding the primary election 14
92	92	prescribed by section 2351 of this chapter, and not later than 5:00 p.m. of the 15
93	93	62nd day prior to the day of a special primary election. 16
94	94	(b) A petition or statement of nomination shall apply only to the election 17
95	95	cycle in which the petition or statement of nomination is filed. 18
96	96	§ 2357. PLACE OF FILING PETITION 19
97	97	(a) Primary petitions and consent forms shall be filed as follows: 20
98	98	(1) For State and congressional officers, with the Secretary of State; 21
99	99	(2) For county officers, with the county clerk; 22 BILL AS INTRODUCED H.314
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103	103	(3) For State Senator, with the senatorial district clerk; 1
104	104	(4) For Representative to the General Assembly, with the representative 2
105	105	district clerk; and 3
106	106	(5) for justices of the peace, with the town clerk. 4
107	107	(b) The public official designated to accept a petition shall not accept a 5
108	108	nominating primary petition unless a completed and signed consent form is 6
109	109	filed at the same time. 7
110	110	* * * 8
111	111	§ 2362. PRIMARY BALLOTS 9
112	112	(a) A separate primary ballot for each major political party shall be printed 10
113	113	and furnished to the towns by the Secretary of State and shall contain the 11
114	114	names of all candidates for nomination by that party at the primary election. 12
115	115	Ballots shall be printed on index stock and configured to be readable by vote 13
116	116	tabulators. Ballots shall be printed in substantially the following form: 14
117	117	OFFICIAL VERMONT PRIMARY ELECTION BALLOT 15
118	118	VOTE ON ONE PARTY BALLOT ONLY AND PLACE IN BALLOT 16
119	119	BOX OR VOTE TABULATOR 17
120	120	ALL OTHER PARTY BALLOTS MUST BE PLACED IN UNVOTED 18
121	121	BALLOT BOX 19
122	122	__________________ 20
123	123	[MAJOR POLITICAL PARTY NAME] 21
124	124	__________________ 22 BILL AS INTRODUCED H.314
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128	128	Instructions to voters: Use black pen or pencil to fill in the oval. To vote 1
129	129	for a person whose name is printed on the ballot, fill in the oval to the right of 2
130	130	the name of that person. To vote for a person whose name is not printed on the 3
131	131	ballot, write or stick his or her the person’s name in the blank space provided 4
132	132	and fill in the oval to the right of the write-in space. Do not vote for more 5
133	133	candidates than the “Vote for Not More Than” number for an office. If you 6
134	134	make a mistake, tear, or deface the ballot, return it to an election official and 7
135	135	obtain another ballot. Do not erase. 8
136	136	(b) Following the names of candidates printed on the primary ballot after 9
137	137	the name of each office to be filled shall be as many blank lines for write-in 10
138	138	candidates as there are persons to be elected to that office. If no primary 11
139	139	petition is filed for an office or for a candidate belonging to a party, the ballot 12
140	140	shall contain the name of the office and blank lines for write-in candidates. 13
141	141	(c) A primary ballot shall not indicate any party affiliation of any 14
142	142	candidate. 15
143	143	§ 2363. VOTER’S CHOICE OF PARTY 16
144	144	(a) A voter shall vote for the candidates of one party only. A person voting 17
145	145	at the primary shall not be required to indicate his or her party choice to any 18
146	146	election official. 19
147	147	(b) [Repealed.] [Repealed.] 20
148	148	* * * 21 BILL AS INTRODUCED H.314
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152	152	§ 2369. DETERMINING WINNER WINNERS; TIE VOTES 1
153	153	(a) A person who receives a plurality of all the votes cast by a party in a 2
154	154	primary shall be a candidate of that party be placed for the office designated on 3
155	155	the ballot Determining winners. Only the four candidates who receive the 4
156	156	greatest number of votes for an office in a primary election shall be determined 5
157	157	to have won the primary election for that office and shall, except as provided in 6
158	158	17 V.S.A. § 2475, be placed on the ballot for that office for the subsequent 7
159	159	general election. 8
160	160	(b)(1) Ties. If any primary election results in more than four candidates 9
161	161	qualifying to be placed on the ballot for an office for the general election 10
162	162	because of a tie in the number of votes received by candidates, and after the 11
163	163	period for requesting a recount under section 2602 of this title has expired, no 12
164	164	candidate has requested a recount and two or more candidates of the same 13
165	165	party of the four candidates to receive the most votes are tied for the same 14
166	166	office, or if the results of recount result in a tie, the choice among those tied 15
167	167	shall be determined upon five days’ notice and not later than 10 days following 16
168	168	the primary election by the committee of that party, which shall meet to 17
169	169	nominate a candidate from among the tied candidates the Secretary of State 18
170	170	shall resolve the tie by lot to determine which candidates have won the primary 19
171	171	election and shall be placed on the ballot for that office for the subsequent 20
172	172	general election. The Secretary of State shall notify each active candidate 21
173	173	involved in the tie, or the candidate’s designee, to be present at the Secretary of 22 BILL AS INTRODUCED H.314
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177	177	State’s office at a certain time. At that time, the Secretary of State shall select 1
178	178	the winner of the tabulation by lot. “By lot” means a method, determined by 2
179	179	the Secretary of State, for randomly choosing between two or more candidates. 3
180	180	The committee that nominates a candidate shall be as follows: 4
181	181	(A) the State committee of a party for a State or congressional office; 5
182	182	(B) the senatorial district committee for State Senate; 6
183	183	(C) the county committee for county office; or 7
184	184	(D) the representative district committee for a Representative to the 8
185	185	General Assembly. 9
186	186	(2) The committee chair shall certify the candidate nomination for the 10
187	187	general election to the Secretary of State within 48 hours of the nomination. 11
188	188	§ 2370. WRITE-IN CANDIDATES 12
189	189	(a) A write-in candidate shall not qualify as a primary winner unless he or 13
190	190	she the candidate receives at least one-half the number of votes as the number 14
191	191	of signatures required for his or her the candidate’s office on a primary 15
192	192	petition, except that if a write-in candidate receives more votes than a 16
193	193	candidate whose name is printed on the ballot, he or she the write-in candidate 17
194	194	may qualify as a primary winner. 18
195	195	(b) The write-in candidate who qualifies as a primary winner under this 19
196	196	section must still be determined a winner under section 2369 of this chapter 20
197	197	before he or she becomes the party’s candidate shall be placed on the ballot for 21
198	198	the subsequent general election. 22 BILL AS INTRODUCED H.314
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202	202	§ 2371. NOMINEES; NOTICE TO NOMINEES PRIMARY ELECTION 1
203	203	WINNERS 2
204	204	(a) The canvassing committee shall prepare and sign certificates of 3
205	205	nomination advancement and mail or deliver in person to each winning 4
206	206	candidate nominated a notice of his or her nomination the candidate’s 5
207	207	advancement within two days after their meeting. On each certificate the 6
208	208	canvassing committee shall indicate the name, town of residence, party 7
209	209	affiliation, and mailing address of the winning candidate nominated. At the 8
210	210	same time that they mail or deliver the certificates of nomination advancement, 9
211	211	the canvassing committees shall also file with the office of the Secretary of 10
212	212	State a list showing the vote for each candidate of each party for each office. 11
213	213	(b) Unless a person winning candidate who is notified of being nominated 12
214	214	withdraws the candidacy, the person’s name, and residence, and party 13
215	215	affiliation shall be printed upon the general election ballot in the same manner 14
216	216	as they appear in the notice of nomination advancement; provided, however, 15
217	217	that within five days of the date of mailing or personal delivery a candidate 16
218	218	may request that an error in the candidate’s name, or residence, or party 17
219	219	affiliation be corrected or that the candidate’s preference as to the candidate’s 18
220	220	own name be used on the ballot. The candidate shall also have the right to 19
221	221	make the choice as set forth in section 2474 of this title. 20
222	222	Subchapter 2. Nomination by Party Committee 21 BILL AS INTRODUCED H.314
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226	226	§ 2381. APPLICABILITY OF SUBCHAPTER 1
227	227	(a) A candidate may also be nominated and have the candidate’s name 2
228	228	printed on the general election ballot in accordance with the provisions set 3
229	229	forth in this subchapter, in the following instances: 4
230	230	(1) In case of a vacancy on the general election ballot occasioned by 5
231	231	death, removal, or withdrawal of a candidate, or the failure of a major political 6
232	232	party to nominate a candidate by primary; 7
233	233	(2) In case a minor political party desires to nominate a candidate for 8
234	234	any office for which major political parties nominate candidates by primary or 9
235	235	for the offices of President and Vice President of the United States; 10
236	236	(3) In case of nomination for the office of justice of the peace, in the 11
237	237	event that such nomination has not already been made by caucus as provided in 12
238	238	section 2413 of this chapter. 13
239	239	(b) In no event may any committee nominate a candidate or candidates for 14
240	240	statewide office under this subchapter unless the political party has town 15
241	241	committees organized in at least 10 towns in this State in accordance with 16
242	242	procedures in chapter 45 of this title. [Repealed.] 17
243	243	§ 2382. WHICH COMMITTEE TO NOMINATE 18
244	244	Nominations of party candidates pursuant to this subchapter shall be made 19
245	245	by the following political committee of the party: 20
246	246	(1) By the State committee in the case of President and Vice President 21
247	247	of the United States or State or congressional officers; 22 BILL AS INTRODUCED H.314
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251	251	(2) By the county committee in the case of county officers; 1
252	252	(3) By the senatorial district committee in the case of the office of State 2
253	253	Senator; 3
254	254	(4) By the representative district committee in the case of the office of 4
255	255	Representative to the General Assembly; 5
256	256	(5) By the town committee in the case of the office of justice of the 6
257	257	peace. [Repealed.] 7
258	258	§ 2383. NOTICE OF MEETINGS 8
259	259	The chair of the appropriate committee, or if the chair has not called a 9
260	260	meeting then any three members of the committee, may set a date, time, and 10
261	261	place for a committee meeting for the nomination of candidates pursuant to 11
262	262	this subchapter and shall give not less than five days’ notice in writing to all 12
263	263	members of the committee. The notice shall specifically state the offices for 13
264	264	which nominations may be made. [Repealed.] 14
265	265	§ 2384. PROCEDURE UPON M EETING 15
266	266	At the time and place set for the meeting, the committee shall proceed to 16
267	267	nominate such candidates as it may desire pursuant to this subchapter. 17
268	268	Nomination shall require a majority of those present and voting, and if no 18
269	269	candidate shall have received a majority after two ballots, the candidate with 19
270	270	the lowest number of votes in the second and in each succeeding ballot shall be 20
271	271	eliminated until a candidate receives a majority. [Repealed.] 21
272	272	§ 2385. STATEMENT BY COMMITTEE OFFICERS; CONSENT OF 22 BILL AS INTRODUCED H.314
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276	276	CANDIDATE 1
277	277	(a) When a nomination is made under the provisions of this subchapter, the 2
278	278	chair and the secretary of the committee making the nomination shall file a 3
279	279	statement of nomination in substantially the following form: 4
280	280	“The ................................ met on ............ and nominated the 5
281	281	(name of committee) (date) 6
282	282	following person (or persons) to be a candidate (or candidates) of the 7
283	283	................................... for the office (or offices) indicated 8
284	284	(Name of political party) 9
285	285	......................................... 10
286	286	(Name of candidate) (residence) (office for which 11
287	287	nominated) 12
288	288	“Notice of the meeting was properly given in compliance with all requirements 13
289	289	of section 2383 of this title and the procedures required by section 2384 of this 14
290	290	title were followed. A copy of the notice of the meeting is attached. 15
291	291	“We swear under oath that we understand the above provisions of law and that 16
292	292	the statements we have made in this document are true. 17
293	293	Sworn to before me 18
294	294	................................................................................ 19
295	295	Notary Public Signature of Chair 20
296	296	................................................................................” 21
297	297	Date Signature of Secretary 22 BILL AS INTRODUCED H.314
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301	301	(b) The statement of nomination shall be signed by the chair or acting chair 1
302	302	and secretary or acting secretary of the committee making the nomination. 2
303	303	They shall swear in their statement of nomination that the notice requirements 3
304	304	of section 2383 of this title and procedural requirements of section 2384 of this 4
305	305	title were complied with and that the persons listed as candidates were 5
306	306	nominated at the meeting. 6
307	307	(c) A copy of the notice that was sent to all committee members pursuant to 7
308	308	section 2383 of this title shall be filed along with the statement of nomination. 8
309	309	(d) Except in the case of nominations for justice of the peace, the candidate 9
310	310	named in the statement shall file a consent to having the candidate’s name 10
311	311	printed on the ballot, similar in form to the consent required in section 2361 of 11
312	312	this title before the last day for filing statements of nomination. It shall be 12
313	313	sufficient for meeting this requirement if the candidate signs the statement of 13
314	314	nomination with a statement in substantially the following form: 14
315	315	“I consent to having my name printed on the general election ballot for the 15
316	316	office of _________________________________________ . 16
317	317	(office for which nomination was made) 17
318	318	My name (as I wish it to appear on the ballot), town or city of residence, and 18
319	319	party are as follows: 19
320	320	________ _____________ 20
321	321	_________________________________________ 21 BILL AS INTRODUCED H.314
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325	325	Name (please print) Town of residence (please print) Party (please 1
326	326	print) 2
327	327	____ _________________________________________ 3
328	328	Date Signature of Candidate 4
329	329	_________________________________________ ” 5
330	330	Mailing Address 6
331	331	(e) In the case of nominations by town committee or caucus for the office 7
332	332	of justice of the peace, before filing the statement of nomination the chair, 8
333	333	acting chair, secretary, or acting secretary shall check with each nominee and 9
334	334	confirm that he or she consents to have his or her name printed on the ballot as 10
335	335	a candidate for that position and to serve if elected. [Repealed.] 11
336	336	§ 2386. TIME FOR FILING STATEMENTS 12
337	337	(a) In the case of the failure of a major political party to nominate a 13
338	338	candidate by primary, a statement shall be filed not later than 5:00 p.m. on the 14
339	339	sixth day following the primary. 15
340	340	(b) In the case of the death or withdrawal of a candidate after the primary 16
341	341	election, the party committee shall have seven days from the date of the death 17
342	342	or withdrawal to nominate a candidate. In no event shall a statement be filed 18
343	343	later than 60 days prior to the general election. 19
344	344	(c)(1) In the case of a nomination by a minor political party, a statement 20
345	345	shall be filed not earlier than the fourth Monday in April and not later than 21
346	346	5:00 p.m. on the Thursday preceding the primary election described in section 22 BILL AS INTRODUCED H.314
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350	350	2351 of this chapter and not later than 5:00 p.m. on the third day prior to the 1
351	351	day of a special primary election. 2
352	352	(2) A statement shall apply only to the election cycle in which the 3
353	353	statement is filed. 4
354	354	(d) In the case of a nomination for the office of justice of the peace, a 5
355	355	statement shall be filed as set forth in section 2413 of this chapter. [Repealed.] 6
356	356	§ 2387. PLACE FOR FILING STATEMENTS 7
357	357	Statements for the office of justice of the peace shall be filed with the town 8
358	358	clerk. All other statements and consents shall be filed with the Secretary of 9
359	359	State. [Repealed.] 10
360	360	Subchapter 3. Independent Candidates 11
361	361	§ 2401. APPLICABILITY OF SUBCHAPTER 12
362	362	A person may be nominated and have his or her name printed on the general 13
363	363	election ballot for any office by filing a consent similar in form to the consent 14
364	364	prescribed by section 2361 of this title and a statement of nomination with the 15
365	365	Secretary of State. In the case of a nomination for justice of the peace, the 16
366	366	consent form and statement of nomination shall be filed with the town clerk. 17
367	367	[Repealed.] 18
368	368	§ 2402. REQUISITES OF STATEMENT 19
369	369	(a) A statement of nomination shall contain: 20
370	370	(1) The name of the office for which the nomination is made. 21
371	371	(2) The candidate’s name and residence. 22 BILL AS INTRODUCED H.314
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375	375	(3) If desired, a name, or other identification (in not more than three 1
376	376	words) to be printed on the ballot following the candidate’s name. 2
377	377	(4) In the case of nomination for President or Vice President of the 3
378	378	United States: 4
379	379	(A) The name and state of residence of each candidate for such 5
380	380	office, together with the name, town of residence, and correct mailing address 6
381	381	of each nominee for the office of elector. 7
382	382	(B)(i) The original statement of nomination shall include a 8
383	383	certification by the town clerk of each town where the signers appear to be 9
384	384	voters that the persons whose names appear as signers of the statement are 10
385	385	registered voters in the town and of the total number of valid signers from the 11
386	386	town. 12
387	387	(ii) Only the number of signers certified as registered voters by 13
388	388	each town clerk on the original statement of nomination forms shall count 14
389	389	toward the required number of signatures. 15
390	390	(C) The statement shall also be accompanied by a consent form from 16
391	391	each nominee for elector. The consent form shall be similar to the consent 17
392	392	form prescribed in section 2361 of this title. 18
393	393	(b)(1) To constitute a valid nomination, a statement shall contain signatures 19
394	394	of voters qualified to vote in an election for the office in question, equal in 20
395	395	number to at least: 21
396	396	(A) for presidential and vice presidential offices, 1,000; 22 BILL AS INTRODUCED H.314
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400	400	(B) for State and congressional offices, 500; 1
401	401	(C) for county officers or State Senators, 100; 2
402	402	(D) for Representative to the General Assembly, 50; 3
403	403	(E) for justice of the peace, 30 or one percent of the legal voters of 4
404	404	the municipality, whichever is less. 5
405	405	(2) Signatures need not all be contained on one paper. 6
406	406	(c) A statement shall state that each signer is qualified to vote in an election 7
407	407	for the office in question and that the voter’s residence is as set forth next to 8
408	408	the voter’s name. 9
409	409	(d)(1) A statement of nomination and a completed and signed consent form 10
410	410	shall be filed: 11
411	411	(A) in the case of nomination for President or Vice President of the 12
412	412	United States, not earlier than the fourth Monday in April and not later than 13
413	413	5:00 p.m. on the August 1 preceding the presidential general election; 14
414	414	(B) in the case of nomination for justice of the peace, not earlier than 15
415	415	the fourth Monday in April and not later than 5:00 p.m. on the third day 16
416	416	following the primary election; or 17
417	417	(C) in the case of any other independent candidate, not earlier than 18
418	418	the fourth Monday in April and not later than 5:00 p.m. on the Thursday 19
419	419	preceding the primary election prescribed by section 2351 of this chapter, and 20
420	420	not later than 5:00 p.m. of the third day prior to the day of a special primary 21
421	421	election. 22 BILL AS INTRODUCED H.314
422	422	2025 Page 18 of 29
423	423
424	424	VT LEG #380916 v.1
425	425	(2) A public official receiving nominations shall not accept a petition 1
426	426	unless a completed and signed consent form is filed at the same time. 2
427	427	(3) A statement of nomination shall apply only to the election cycle in 3
428	428	which the statement of nomination is filed. 4
429	429	(e) The Secretary of State shall prescribe and furnish forms for a statement 5
430	430	of nomination. 6
431	431	(f) In the event that an independent vice presidential candidate withdraws 7
432	432	in accordance with section 2412 of this chapter, the presidential candidate may 8
433	433	submit to the Secretary of State on or before the ballot printing deadline a new 9
434	434	consent form signed by the presidential candidate and his or her new vice 10
435	435	presidential candidate. [Repealed.] 11
436	436	§ 2403. NUMBER OF CANDIDATES; PARTY NAMES 12
437	437	(a)(1) A statement of nomination shall contain the name of only one 13
438	438	candidate, except in the case of presidential and vice presidential candidates, 14
439	439	who may be nominated by means of the same statement of nomination. 15
440	440	(2) A single statement of nomination shall contain only one office for 16
441	441	which a person seeks to be a candidate. 17
442	442	(b)(1) The political or other name on a statement of nomination shall be 18
443	443	substantially different from the name of any organized political party. It shall 19
444	444	also be substantially different from the political or other name already 20
445	445	appearing on any other statement of nomination for the same office then on file 21
446	446	with the same officer for the same election. 22 BILL AS INTRODUCED H.314
447	447	2025 Page 19 of 29
448	448
449	449	VT LEG #380916 v.1
450	450	(2) If the Secretary of State determines that it is not substantially 1
451	451	different, the candidate named on the statement shall select a different political 2
452	452	or other name; otherwise the Secretary shall print the word “Independent” on 3
453	453	the ballot for that candidate. 4
454	454	(c)(1) Except in the case of presidential and vice presidential candidates, 5
455	455	the word “independent” may not be used as part of a party name. 6
456	456	(2) If no party is indicated, the word “Independent” shall be printed on 7
457	457	the ballot. 8
458	458	(3) A candidate appearing on the ballot as a candidate of a political party 9
459	459	shall not also appear on the ballot as an “Independent.” [Repealed.] 10
460	460	§ 2404. PRESERVATION OF STATEMENTS 11
461	461	The Secretary of State shall preserve all statements until three months after 12
462	462	the general election, after which they may be destroyed. [Repealed.] 13
463	463	Subchapter 4. Miscellaneous Provisions 14
464	464	§ 2411. APPLICABILITY OF OTHER LAW 15
465	465	Except as specifically provided in this chapter, all other provisions of this 16
466	466	title shall govern the several procedures specified in this chapter for the 17
467	467	making of nominations conduct of primary elections. 18
468	468	§ 2412. WITHDRAWAL OF CANDIDACY 19
469	469	(a)(1) A candidate who has been validly nominated by one of the methods 20
470	470	prescribed in this chapter shall have a right to withdraw his or her candidacy 21
471	471	up until 5:00 p.m. on the tenth day following the primary by filing a written 22 BILL AS INTRODUCED H.314
472	472	2025 Page 20 of 29
473	473
474	474	VT LEG #380916 v.1
475	475	notice of withdrawal with the town clerk in the case of a candidate for justice 1
476	476	of the peace, and with the Secretary of State in the case of all other offices. 2
477	477	(2) The name of a candidate who has withdrawn in accordance with the 3
478	478	provisions of this subsection shall not be printed on the ballot. 4
479	479	(b) After the date described in subdivision (a)(1) of this section, if the 5
480	480	candidate has filed a written notice of withdrawal, the town clerk or Secretary 6
481	481	of State may still remove the candidate’s name from the ballot up until the 7
482	482	printing deadline. [Repealed.] 8
483	483	§ 2413. NOMINATION OF JUSTICES OF THE PEACE 9
484	484	(a)(1) The party members in each town, on or before each primary election, 10
485	485	upon the call of the town committee, may meet in caucus and nominate 11
486	486	candidates for justice of the peace. 12
487	487	(2)(A) The committee shall give notice of the caucus by posting notice 13
488	488	at the office of the town clerk and two other public places in the town at least 14
489	489	five days prior to the caucus. 15
490	490	(B) In addition, for towns with over 3,000 voters, the committee shall 16
491	491	post this notice at least one day prior to the caucus: 17
492	492	(i)(I) in a newspaper of general circulation within the town; or 18
493	493	(II) on a nonpartisan electronic news media website that 19
494	494	specializes in news of the State or the community; and 20
495	495	(ii) on the municipality’s website, if the municipality actively 21
496	496	updates its website on a regular basis. 22 BILL AS INTRODUCED H.314
497	497	2025 Page 21 of 29
498	498
499	499	VT LEG #380916 v.1
500	500	(3) [Repealed.] 1
501	501	(b) If it does not hold a caucus as provided in subsection (a) of this section, 2
502	502	the town committee shall meet and nominate candidates for justices of the 3
503	503	peace as provided in sections 2381 through 2385 of this title. At least three 4
504	504	days prior to this meeting, the town committee shall provide notice of the 5
505	505	meeting by e-mailing or mailing committee members and by posting notice of 6
506	506	the meeting in the office of the town clerk and in two other public places in the 7
507	507	town. 8
508	508	(c) In any town in which a political party has not formally organized, any 9
509	509	three members of the party who are voters in the town may call a caucus to 10
510	510	nominate candidates for justice of the peace by giving notice as required in 11
511	511	subsection (a) of this section. Upon meeting, the caucus shall first elect a chair 12
512	512	and a secretary. Thereafter the caucus shall nominate its candidates for justice 13
513	513	of the peace. 14
514	514	(d) [Repealed.] 15
515	515	(e) For any nomination made under this section, the chair and secretary of 16
516	516	the committee or caucus shall file the statement required by section 2385 of 17
517	517	this title by 5:00 p.m. on the third day following the primary election. 18
518	518	[Repealed.] 19
519	519	* * * 20
520	520	Sec. 3. 17 V.S.A. chapter 51, subchapter 2 is amended to read: 21
521	521	Subchapter 2. Ballots 22 BILL AS INTRODUCED H.314
522	522	2025 Page 22 of 29
523	523
524	524	VT LEG #380916 v.1
525	525	* * * 1
526	526	§ 2472. CONTENTS 2
527	527	* * * 3
528	528	(b)(1) Each office to be voted upon shall be separately indicated and 4
529	529	preceded by the word “For,” as: “For United States Senator.” Beneath the 5
530	530	office to be voted upon shall appear the instructions: “Vote for not more than 6
531	531	(the number of candidates to be elected).” 7
532	532	(2) The names of the candidates for each office shall be listed in 8
533	533	alphabetical order by surname, followed by the candidate’s town of residence, 9
534	534	and the party or parties by which the candidate has been nominated, or in the 10
535	535	case of independent candidates who have not chosen some other name or 11
536	536	identification, by the word “Independent.” The word “party” shall not be 12
537	537	printed on the ballot following a candidate’s party name. 13
538	538	(3) To the right of the party designation surname shall be an oval in 14
539	539	which the voter may indicate his or her choice by filling in the oval. 15
540	540	(4) A candidate’s name shall not appear on the ballot more than once for 16
541	541	any one office. 17
542	542	* * * 18
543	543	§ 2474. CHOICE OF PARTY 19
544	544	(a)(1) A person nominated by any means for the same office by more than 20
545	545	one political party may elect, not later than 5:00 p.m. on the tenth day 21
546	546	following the primary election, the party or parties in which the nominee will 22 BILL AS INTRODUCED H.314
547	547	2025 Page 23 of 29
548	548
549	549	VT LEG #380916 v.1
550	550	be a candidate. The nominee shall notify in writing the Secretary of State or 1
551	551	town clerk, as the case may be, of such choice by that deadline, and only the 2
552	552	party or parties that the nominee so elects shall be printed next to the 3
553	553	nominee’s name on the ballot. 4
554	554	(2) If the nominee does not notify the Secretary of State or the town 5
555	555	clerk of his or her choice of party, the Secretary of State shall print on the 6
556	556	ballot those parties next to the nominee’s name by listing in this order: 7
557	557	(A) the major political party for which the nominee had his or her 8
558	558	name printed on the ballot in the primary; 9
559	559	(B) any major political parties that nominated the nominee by the 10
560	560	party committee, in the order in which the nominations were submitted to the 11
561	561	Secretary of State; 12
562	562	(C) any major political parties for which the nominee received write-13
563	563	in votes, in an order from highest to lowest vote counts; and 14
564	564	(D) any minor political parties that nominated the nominee by party 15
565	565	committee, in the order in which the nominations were submitted to the 16
566	566	Secretary of State. 17
567	567	(b)(1) A candidate for State office who is the nominee of two or more 18
568	568	political parties shall file with the Secretary of State, not later than 5:00 p.m. 19
569	569	the tenth day following the primary election, a statement designating for which 20
570	570	party the votes cast for him or her shall be counted for the purposes of 21
571	571	determining whether his or her designated party shall be a major political 22 BILL AS INTRODUCED H.314
572	572	2025 Page 24 of 29
573	573
574	574	VT LEG #380916 v.1
575	575	party. The party so designated shall be the first party to be printed 1
576	576	immediately after the candidate’s name on the ballot. 2
577	577	(2) If a candidate does not file the statement by that deadline, the 3
578	578	Secretary of State shall designate the party for which the votes cast shall be 4
579	579	counted as provided in subdivision (a)(2) of this section. [Repealed.] 5
580	580	§ 2475. DEATH OR WITHDRAWAL OF CANDIDATE 6
581	581	(a) When a candidate dies or withdraws and the vacancy is filled as 7
582	582	provided in chapter 49 of this title, the name supplied for the vacancy shall be 8
583	583	inserted instead of the original nomination Withdrawal. A candidate who wins 9
584	584	a primary election pursuant to section 2369 of this title shall have a right to 10
585	585	withdraw up until 5:00 p.m. on the 10th day following a primary election by 11
586	586	filing a written notice of withdrawal with the town clerk in the case of a 12
587	587	candidate for justice of the peace, and with the Secretary of State in the case of 13
588	588	all other offices. 14
589	589	(b) Replacement of withdrawn or deceased primary candidates. A winning 15
590	590	primary candidate who withdraws pursuant to subsection (a) of this section or 16
591	591	who dies between a primary election and the 10th day following a primary 17
592	592	election shall be replaced on the general election ballot by the primary 18
593	593	candidate who received the next greatest number of votes for that office in the 19
594	594	primary election after any other winners of the primary election. 20
595	595	(c) Printing. After the 10th day following a primary election, if a winning 21
596	596	primary candidate withdraws or dies, the town clerk or Secretary of State may 22 BILL AS INTRODUCED H.314
597	597	2025 Page 25 of 29
598	598
599	599	VT LEG #380916 v.1
600	600	still remove the candidate’s name from the ballot up until the printing deadline. 1
601	601	If the ballots have already been printed, the officer who furnished them shall 2
602	602	prepare and furnish new ballots. The town clerk in each town shall, upon 3
603	603	delivery of the new ballots, immediately destroy all original ballots except 4
604	604	those already supplied to or used by early or absentee voters. Such early or 5
605	605	absentee voter ballots shall be acceptable and counted with the other ballots. 6
606	606	* * * 7
607	607	* * * Miscellaneous Cross-References * * * 8
608	608	Sec. 4. 17 V.S.A. § 1881a is amended to read: 9
609	609	§ 1881a. SENATORIAL DISTRICTS; NOMINATIONS AND ELECTION 10
610	610	* * * 11
611	611	(c)(1) Petitions for nominating candidates for Senator in the General 12
612	612	Assembly by primary or by certificates of nomination of candidates for that 13
613	613	office by convention, caucus, committee, or voters election under chapter 49 of 14
614	614	this title may be filed in the office of any county clerk in a senatorial district. 15
615	615	(2)(A) On the day after the last day for filing those petitions or 16
616	616	certificates for that office, the other county clerk shall notify the senatorial 17
617	617	district clerk of the facts concerning those petitions or certificates. 18
618	618	(B) The senatorial district clerk shall be responsible for determining 19
619	619	the names of candidates and other facts required by law to appear on the ballot 20
620	620	for the office of Senator and for obtaining and distributing the ballots to the 21
621	621	other clerks in the district. 22 BILL AS INTRODUCED H.314
622	622	2025 Page 26 of 29
623	623
624	624	VT LEG #380916 v.1
625	625	(d) The clerk of the less populous county in a senatorial district shall report 1
626	626	the results of voting in his or her the clerk’s county immediately after they are 2
627	627	determined to the senatorial district clerk, who shall issue the certificates of 3
628	628	nomination advancement or election required by law as to the office of 4
629	629	Senator. 5
630	630	* * * 6
631	631	Sec. 5. 17 V.S.A. § 2721 is amended to read: 7
632	632	§ 2721. NOMINATION OF PRESIDENTIAL ELECTORS 8
633	633	(a) In presidential election years, presidential electors for major political 9
634	634	parties shall be nominated at the party platform convention held pursuant to 10
635	635	this title. 11
636	636	(b) Electors for all other presidential candidates shall be nominated 12
637	637	pursuant to chapter 49, subchapter 3 of this title. as follows: 13
638	638	(1) Requisites of statement. 14
639	639	(A) A statement of nomination shall contain the name and state of 15
640	640	residence of each candidate for such office, together with the name, town of 16
641	641	residence, and correct mailing address of each nominee for the office of 17
642	642	elector. 18
643	643	(B)(i) The original statement of nomination shall include a 19
644	644	certification by the town clerk of each town where the signers appear to be 20
645	645	voters that the persons whose names appear as signers of the statement are 21 BILL AS INTRODUCED H.314
646	646	2025 Page 27 of 29
647	647
648	648	VT LEG #380916 v.1
649	649	registered voters in the town and of the total number of valid signers from the 1
650	650	town. 2
651	651	(ii) Only the number of signers certified as registered voters by 3
652	652	each town clerk on the original statement of nomination forms shall count 4
653	653	toward the required number of signatures. 5
654	654	(C) The statement shall also be accompanied by a consent form from 6
655	655	each nominee for elector. The consent form shall be similar to the consent 7
656	656	form prescribed in section 2361 of this title. 8
657	657	(D)(i) To constitute a valid nomination for presidential and vice 9
658	658	presidential offices, a statement shall contain signatures of voters qualified to 10
659	659	vote in an election for the office in question, equal in number to at least 1,000. 11
660	660	(ii) Signatures need not all be contained on one paper. 12
661	661	(E) A statement shall state that each signer is qualified to vote in an 13
662	662	election for the office in question and that the voter’s residence is as set forth 14
663	663	next to the voter’s name. 15
664	664	(F)(i) In the case of nomination for President or Vice President of the 16
665	665	United States, a statement of nomination and a completed and signed consent 17
666	666	form shall be filed not earlier than the fourth Monday in April and not later 18
667	667	than 5:00 p.m. on the August 1 preceding the presidential general election. 19
668	668	(ii) A public official receiving nominations shall not accept a 20
669	669	petition unless a completed and signed consent form is filed at the same time. 21 BILL AS INTRODUCED H.314
670	670	2025 Page 28 of 29
671	671
672	672	VT LEG #380916 v.1
673	673	(iii) A statement of nomination shall apply only to the election 1
674	674	cycle in which the statement of nomination is filed. 2
675	675	(G) The Secretary of State shall prescribe and furnish forms for a 3
676	676	statement of nomination. 4
677	677	(H) In the event that an independent vice presidential candidate 5
678	678	withdraws in accordance with section 2412 of this chapter, the presidential 6
679	679	candidate may submit to the Secretary of State on or before the ballot printing 7
680	680	deadline a new consent form signed by the presidential candidate and the 8
681	681	presidential candidate’s new vice presidential candidate. 9
682	682	(2) Number of candidates; party names. 10
683	683	(A)(i) Presidential and vice presidential candidates may be nominated 11
684	684	by means of the same statement of nomination. 12
685	685	(ii) A single statement of nomination shall contain only one office 13
686	686	for which a person seeks to be a candidate. 14
687	687	(B)(i) The political or other name on a statement of nomination shall 15
688	688	be substantially different from the name of any organized political party. It 16
689	689	shall also be substantially different from the political or other name already 17
690	690	appearing on any other statement of nomination for the same office then on file 18
691	691	with the same officer for the same election. 19
692	692	(ii) If the Secretary of State determines that it is not substantially 20
693	693	different, the candidate named on the statement shall select a different political 21 BILL AS INTRODUCED H.314
694	694	2025 Page 29 of 29
695	695
696	696	VT LEG #380916 v.1
697	697	or other name; otherwise the Secretary shall print the word “Independent” on 1
698	698	the ballot for that candidate. 2
699	699	(3) Preservation of statements. The Secretary of State shall preserve all 3
700	700	statements until three months after the general election, after which they may 4
701	701	be destroyed. 5
702	702	* * * Effective Date * * * 6
703	703	Sec. 6. EFFECTIVE DATE 7
704	704	This act shall take effect on January 1, 2026. 8