1 | 1 | | BILL AS INTRODUCED S.98 |
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4 | 4 | | |
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5 | 5 | | VT LEG #381107 v.1 |
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6 | 6 | | S.98 1 |
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7 | 7 | | Introduced by Senator Vyhovsky 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; qualification and registration of voters; automatic voter 5 |
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11 | 11 | | registration; preregistration for young voters; campaign finance; 6 |
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12 | 12 | | campaign finance reports and disclosures; delinquent filing; 7 |
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13 | 13 | | Democracy Certificate Program; employer-provided time off for 8 |
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14 | 14 | | statewide election days 9 |
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15 | 15 | | Statement of purpose of bill as introduced: This bill proposes to automatically 10 |
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16 | 16 | | register a person to vote when the person applies for participation in Reach 11 |
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17 | 17 | | Ahead services and require State agencies to report to the General Assembly 12 |
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18 | 18 | | concerning opportunities to expand automatic voter registration through the 13 |
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19 | 19 | | application and registration forms used by those State agencies. This bill also 14 |
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20 | 20 | | proposes to allow any individual 16 years of age or older to preregister to vote 15 |
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21 | 21 | | for an election, provided that the individual will be 18 years of age or older on 16 |
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22 | 22 | | or before the day of the election. This bill also proposes to amend the 17 |
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23 | 23 | | threshold contribution and expenditure amounts that trigger campaign finance 18 |
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24 | 24 | | reporting under 17 V.S.A. § 2964 and establish penalties for delinquent filing 19 |
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25 | 25 | | of campaign finance reports and disclosures. This bill also proposes to 20 |
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26 | 26 | | establish the Democracy Certificate Program to replace the current option of 21 BILL AS INTRODUCED S.98 |
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27 | 27 | | 2025 Page 2 of 25 |
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29 | 29 | | |
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30 | 30 | | VT LEG #381107 v.1 |
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31 | 31 | | public financing for campaigns. This bill also proposes to require employers to 1 |
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32 | 32 | | provide four hours of protected leave time to allow employees to vote on 2 |
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33 | 33 | | statewide election days. 3 |
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34 | 34 | | An act relating to miscellaneous changes to election law 4 |
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35 | 35 | | It is hereby enacted by the General Assembly of the State of Vermont: 5 |
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36 | 36 | | * * * Automatic Voter Registration * * * 6 |
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37 | 37 | | Sec. 1. 17 V.S.A. § 2144a is amended to read: 7 |
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38 | 38 | | § 2144a. REGISTRATION 8 |
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39 | 39 | | A person who desires to register to vote may apply in any of the following 9 |
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40 | 40 | | ways: 10 |
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41 | 41 | | (1) Simultaneously with his or her the person’s application for, or 11 |
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42 | 42 | | renewal of,: 12 |
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43 | 43 | | (A) a motor vehicle driver’s license or nondriver identification 13 |
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44 | 44 | | card as provided in section 2145a of this chapter; or 14 |
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45 | 45 | | (B) any services available pursuant to 33 V.S.A. chapter 12. 15 |
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46 | 46 | | * * * 16 |
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47 | 47 | | Sec. 2. 33 V.S.A. § 1205 is amended to read: 17 |
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48 | 48 | | § 1205. REQUIRED SERVICES TO PARTICIPATING FAMILIES 18 |
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49 | 49 | | * * * 19 BILL AS INTRODUCED S.98 |
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52 | 52 | | |
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53 | 53 | | VT LEG #381107 v.1 |
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54 | 54 | | (c) The Commissioner shall ensure that the applications and forms used by 1 |
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55 | 55 | | the Department for Reach Ahead services, including for the Supplemental 2 |
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56 | 56 | | Nutrition Assistance Program, automatically register the applicant to vote 3 |
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57 | 57 | | pursuant to 17 V.S.A. § 2144a. The voter registration provision on any 4 |
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58 | 58 | | application or form used by the Department for these services shall offer the 5 |
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59 | 59 | | applicant the option to opt out of registering to vote. 6 |
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60 | 60 | | Sec. 3. EXECUTIVE BRANCH AGENCIES; REPORT ON VOTER 7 |
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61 | 61 | | REGISTRATION OPPORTUNITIES 8 |
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62 | 62 | | (a) On or before November 15, 2025, the following departments and 9 |
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63 | 63 | | agencies shall submit a written report to the House Committee on Government 10 |
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64 | 64 | | Operations and Military Affairs and the Senate Committee on Government 11 |
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65 | 65 | | Operations that lists and describes any of the department’s or agency’s 12 |
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66 | 66 | | application forms that may be updated to include automatic voter registration: 13 |
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67 | 67 | | (1) Agency of Human Services; 14 |
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68 | 68 | | (2) Agency of Education; 15 |
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69 | 69 | | (3) Department of Labor; 16 |
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70 | 70 | | (4) Agency of Commerce and Community Development; 17 |
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71 | 71 | | (5) Department for Children and Families; and 18 |
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72 | 72 | | (6) Department of Health. 19 |
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73 | 73 | | (b) Each department and agency shall include in its report a description of 20 |
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74 | 74 | | how the department’s or agency’s application or registration systems may be 21 BILL AS INTRODUCED S.98 |
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77 | 77 | | |
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78 | 78 | | VT LEG #381107 v.1 |
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79 | 79 | | integrated with the State’s voter registration system. The report shall also 1 |
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80 | 80 | | include a proposed timeline for implementing voter registration into the 2 |
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81 | 81 | | systems. 3 |
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82 | 82 | | * * * Preregistration for Young Voters * * * 4 |
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83 | 83 | | Sec. 4. 17 V.S.A. § 2121 is amended to read: 5 |
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84 | 84 | | § 2121. ELIGIBILITY OF VOTERS 6 |
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85 | 85 | | (a) Any person may register to vote in the town of his or her the person’s 7 |
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86 | 86 | | residence in any election held in a political subdivision of this State in which 8 |
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87 | 87 | | he or she the person resides who, on election day: 9 |
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88 | 88 | | (1) is a citizen of the United States; 10 |
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89 | 89 | | (2) is a resident of the State of Vermont; 11 |
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90 | 90 | | (3) has taken the voter’s oath; and 12 |
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91 | 91 | | (4) is 18 years of age or more. 13 |
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92 | 92 | | (b) Any person meeting the requirements of subdivisions (a)(1)–(3) of this 14 |
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93 | 93 | | section who will be 18 years of age on or before the date of a general election 15 |
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94 | 94 | | may register and vote in the primary election immediately preceding that 16 |
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95 | 95 | | general election. 17 |
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96 | 96 | | (c) Any person meeting the requirements of subdivisions (a)(1)–(3) of this 18 |
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97 | 97 | | section who is 16 years of age may register to vote in Vermont, but shall not 19 |
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98 | 98 | | vote in any election in the State unless the person is 18 years of age or under 20 |
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99 | 99 | | qualifies under subsection (b) of this section. 21 BILL AS INTRODUCED S.98 |
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102 | 102 | | |
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103 | 103 | | VT LEG #381107 v.1 |
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104 | 104 | | * * * Campaign Finance * * * 1 |
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105 | 105 | | Sec. 5. 17 V.S.A. § 2903 is amended to read: 2 |
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106 | 106 | | § 2903. PENALTIES 3 |
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107 | 107 | | (a) A person who knowingly and intentionally violates a provision of 4 |
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108 | 108 | | subchapter 2, 3, or 4 of this chapter shall be fined not more than $1,000.00 or 5 |
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109 | 109 | | imprisoned not more than six months, or both. 6 |
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110 | 110 | | * * * 7 |
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111 | 111 | | Sec. 6. 17 V.S.A. § 2964 is amended to read: 8 |
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112 | 112 | | § 2964. CAMPAIGN REPORTS; CANDIDATES FOR STATE OFFICE, 9 |
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113 | 113 | | THE GENERAL ASSEMBLY, AND COUNTY OFFICE; 10 |
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114 | 114 | | POLITICAL COMMITTEES; POLITICAL PARTIES 11 |
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115 | 115 | | (a)(1) Each candidate for State office, the General Assembly, or a two-12 |
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116 | 116 | | year-term county office who has rolled over any amount of surplus into his or 13 |
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117 | 117 | | her the candidate’s new campaign or who has made expenditures or accepted 14 |
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118 | 118 | | contributions of $500.00 or more during the two-year general election cycle 15 |
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119 | 119 | | and, except as provided in subsection (b) of this section, each political 16 |
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120 | 120 | | committee that has not filed a final report pursuant to subsection 2965(b) of 17 |
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121 | 121 | | this chapter, and each political party required to register under section 2923 of 18 |
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122 | 122 | | this chapter shall file with the Secretary of State campaign finance reports as 19 |
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123 | 123 | | follows: 20 |
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124 | 124 | | * * * 21 BILL AS INTRODUCED S.98 |
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127 | 127 | | |
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128 | 128 | | VT LEG #381107 v.1 |
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129 | 129 | | (2) Each candidate for a four-year-term county office who has rolled 1 |
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130 | 130 | | over any amount of surplus into his or her the candidate’s new campaign or 2 |
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131 | 131 | | who has made expenditures or accepted contributions of $500.00 or more 3 |
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132 | 132 | | during the four-year general election cycle shall file with the Secretary of State 4 |
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133 | 133 | | campaign finance reports as follows: 5 |
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134 | 134 | | * * * 6 |
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135 | 135 | | (b)(1) A political committee or a political party that has accepted 7 |
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136 | 136 | | contributions or made expenditures of $1,000.00 or more during the local 8 |
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137 | 137 | | election cycle for the purpose of influencing a local election or supporting or 9 |
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138 | 138 | | opposing one or more candidates in a local election shall file with the Secretary 10 |
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139 | 139 | | of State campaign finance reports regarding that local election 30 days before, 11 |
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140 | 140 | | 10 days before, and two weeks after the local election. 12 |
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141 | 141 | | * * * 13 |
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142 | 142 | | (c) The failure of a candidate, political committee, or political party to file a 14 |
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143 | 143 | | report under this section shall be deemed an affirmative statement that a report 15 |
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144 | 144 | | is not required of the candidate, political committee, or political party under 16 |
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145 | 145 | | this section A candidate, political committee, or political party that is not 17 |
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146 | 146 | | otherwise required to file a report pursuant to this section shall file with the 18 |
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147 | 147 | | Secretary of State a report and affirmative statement that the candidate, 19 |
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148 | 148 | | political committee, or political party has not made expenditures or accepted 20 |
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149 | 149 | | contributions in the amounts specified in this section. 21 BILL AS INTRODUCED S.98 |
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152 | 152 | | |
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153 | 153 | | VT LEG #381107 v.1 |
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154 | 154 | | Sec. 7. 17 V.S.A. § 2974 is added to read: 1 |
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155 | 155 | | § 2974. DELINQUENT FILING; PENALTIES 2 |
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156 | 156 | | (a) If any registration, report, or disclosure is not filed in the time and 3 |
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157 | 157 | | manner required by this chapter: 4 |
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158 | 158 | | (1) The Office of the Secretary of State shall issue a notice of 5 |
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159 | 159 | | delinquency to the candidate for any registration, report, or disclosure required 6 |
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160 | 160 | | of a candidate in the time and manner required by this chapter. 7 |
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161 | 161 | | (2) The candidate shall have five-business-days from the date that the 8 |
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162 | 162 | | Office of the Secretary of State issues the notice to cure the delinquency. 9 |
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163 | 163 | | (3) Immediately following the five business day period, the delinquent 10 |
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164 | 164 | | candidate shall pay a $10.00 penalty for each subsequent day that the 11 |
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165 | 165 | | registration, report, or disclosure remains delinquent. For an individual 12 |
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166 | 166 | | delinquent filing, the total amount of penalties imposed pursuant to this section 13 |
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167 | 167 | | shall not exceed $1,000.00. 14 |
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168 | 168 | | (4) Notwithstanding subdivision (3) of this subsection, the Secretary of 15 |
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169 | 169 | | State may reduce or waive any penalty imposed under this section if the 16 |
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170 | 170 | | candidate demonstrates good cause, as determined by the Secretary of State. 17 |
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171 | 171 | | (b) The Office of the Secretary of State shall send a notice of delinquency 18 |
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172 | 172 | | to the email address provided by the candidate in the candidate’s consent of 19 |
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173 | 173 | | candidate form. 20 BILL AS INTRODUCED S.98 |
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178 | 178 | | (c) The Secretary of State may utilize remedies available to a claimant 1 |
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179 | 179 | | agency under 32 V.S.A. chapter 151, subchapter 12 to collect any unpaid 2 |
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180 | 180 | | penalty. 3 |
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181 | 181 | | (d)(1) A candidate who files a report or disclosure with intent to defraud, 4 |
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182 | 182 | | falsify, conceal, or cover up by any trick, scheme, or device a material fact; or, 5 |
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183 | 183 | | with intent to defraud, make any false, fictitious, or fraudulent claim or 6 |
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184 | 184 | | representation as to a material fact; or, with intent to defraud, make or use any 7 |
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185 | 185 | | writing or document knowing the same to contain any false, fictitious, or 8 |
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186 | 186 | | fraudulent claim or entry as to a material fact shall be considered to have made 9 |
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187 | 187 | | a false claim for the purposes of 13 V.S.A. § 3016. 10 |
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188 | 188 | | (2) Pursuant to 3 V.S.A. § 1223 and section 2904a of this title, 11 |
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189 | 189 | | complaints regarding any candidate who fails to properly file a registration, 12 |
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190 | 190 | | report, or disclosure required under this chapter may be filed with the Office of 13 |
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191 | 191 | | the Secretary of State. The Secretary of State shall refer complaints to the 14 |
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192 | 192 | | Attorney General or to the State’s Attorney of jurisdiction for investigation, as 15 |
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193 | 193 | | appropriate. 16 |
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194 | 194 | | Sec. 8. REPEAL 17 |
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195 | 195 | | 17 V.S.A. chapter 61, subchapter 5 (campaign finance; public financing 18 |
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196 | 196 | | option) is repealed. 19 |
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197 | 197 | | Sec. 9. 17 V.S.A. chapter 61, subchapter 6 is added to read: 20 |
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198 | 198 | | Subchapter 6. Public Financing Option 21 BILL AS INTRODUCED S.98 |
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202 | 202 | | VT LEG #381107 v.1 |
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203 | 203 | | § 2987. DEMOCRACY CERTIFICATE PROGRAM 1 |
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204 | 204 | | (a) As used in this chapter, a “democracy certificate” means a document 2 |
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205 | 205 | | sent to voters in this State that signifies that a certain amount of funding, as 3 |
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206 | 206 | | determined by the General Assembly, is to be transferred from the Secretary of 4 |
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207 | 207 | | State Fund to the candidate of the voter’s choosing pursuant to the provisions 5 |
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208 | 208 | | of this subchapter. 6 |
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209 | 209 | | (b) The democracy certificate program shall only be available for 7 |
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210 | 210 | | candidates running for State office in a primary election or a general election. 8 |
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211 | 211 | | The democracy certificate program shall not be available for special elections 9 |
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212 | 212 | | or uncontested elections. 10 |
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213 | 213 | | (c) A voter may opt into the democracy certificate program and obtain 11 |
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214 | 214 | | democracy certificates by application to the Secretary of State if the individual 12 |
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215 | 215 | | is eligible to vote under section 2121 of this title. 13 |
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216 | 216 | | § 2988. DEMOCRACY CERTIFICATE ISSUANCE 14 |
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217 | 217 | | (a) The Secretary of State shall issue four democracy certificates, each 15 |
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218 | 218 | | worth $25.00 in candidate financing, to each voter who has opted into the 16 |
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219 | 219 | | democracy certificate program. The funds shall be disbursed to the assigned 17 |
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220 | 220 | | candidates as set forth in section 2991 of this chapter. 18 |
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221 | 221 | | (b)(1) Not later than the first business day in March, the Secretary of State 19 |
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222 | 222 | | shall issue democracy certificates to each voter who has opted into the 20 |
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223 | 223 | | democracy certificate program for the primary elections. 21 BILL AS INTRODUCED S.98 |
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228 | 228 | | (2) Not later than the first business day in September, the Secretary of 1 |
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229 | 229 | | State shall issue democracy certificates to each voter who has opted into the 2 |
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230 | 230 | | democracy certificate program for the general elections. 3 |
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231 | 231 | | (3) The Secretary of State shall either issue the democracy certificates 4 |
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232 | 232 | | by mail or electronically through a secure Secretary of State online system. 5 |
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233 | 233 | | The Secretary of State may prescribe ways in which voters may choose their 6 |
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234 | 234 | | delivery preference. 7 |
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235 | 235 | | § 2989. DEMOCRACY CERTIFICATE ASSIGNMENT AND RECEIPT 8 |
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236 | 236 | | (a) Democracy certificates are only assignable or transferable as stated in 9 |
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237 | 237 | | this section. 10 |
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238 | 238 | | (b) A voter who has opted into the democracy certificate program may 11 |
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239 | 239 | | assign a democracy certificate by indicating the candidate of the voter’s choice 12 |
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240 | 240 | | and signing the democracy certificate. A voter may only assign a democracy 13 |
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241 | 241 | | certificate to a qualified candidate for the democracy certificate program in a 14 |
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242 | 242 | | primary election or a general election for a State office. 15 |
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243 | 243 | | (c) Town clerks shall receive, verify, and process all physical democracy 16 |
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244 | 244 | | certificates mailed by the Secretary of State and submitted to the town clerks 17 |
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245 | 245 | | by the voters of their respective towns. The Secretary of State shall receive, 18 |
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246 | 246 | | verify, and process all democracy certificates submitted electronically through 19 |
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247 | 247 | | a secure Secretary of State online system, if any. 20 BILL AS INTRODUCED S.98 |
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252 | 252 | | (d) No democracy certificate shall be assigned after the last business day in 1 |
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253 | 253 | | August for primary State office elections or the last business day in November 2 |
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254 | 254 | | for general State office elections. 3 |
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255 | 255 | | (e) No democracy certificate may be assigned to any candidate filing for 4 |
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256 | 256 | | participation who then fails to qualify or becomes unqualified for the position 5 |
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257 | 257 | | sought or for the democracy certificate program. 6 |
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258 | 258 | | (f) A candidate participating in the democracy certificate program may 7 |
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259 | 259 | | seek the assignment of voters’ democracy certificates personally or through a 8 |
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260 | 260 | | representative. 9 |
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261 | 261 | | (g) A voter’s valid assignment of a democracy certificate to a candidate is 10 |
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262 | 262 | | irrevocable. 11 |
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263 | 263 | | (h) Assignment or transfer of a democracy certificate for cash or any other 12 |
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264 | 264 | | consideration is prohibited. Offering to purchase, buy, or sell a democracy 13 |
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265 | 265 | | certificate is prohibited. No person shall give or gift a democracy certificate to 14 |
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266 | 266 | | another individual, except by assigning it to a candidate as provided in this 15 |
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267 | 267 | | section. In all cases, a democracy certificate assignment shall be deemed 16 |
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268 | 268 | | invalid or revocable if the assignment was the result of threats, coercion, or 17 |
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269 | 269 | | physical duress. 18 |
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270 | 270 | | § 2990. CANDIDATE QUALIFICATION 19 |
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271 | 271 | | (a) Only a candidate who is qualified to participate in the democracy 20 |
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272 | 272 | | certificate program may receive an assignment of a democracy certificate and 21 BILL AS INTRODUCED S.98 |
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274 | 274 | | |
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275 | 275 | | |
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276 | 276 | | VT LEG #381107 v.1 |
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277 | 277 | | disbursement of public finance funds. A candidate is qualified to participate in 1 |
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278 | 278 | | the democracy certificate program if the candidate meets all the requirements 2 |
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279 | 279 | | of this subchapter and any related rules adopted by the Secretary of State. The 3 |
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280 | 280 | | Secretary of State shall determine, in the Secretary’s sole discretion, any 4 |
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281 | 281 | | questions regarding whether a candidate has met the requirements of this 5 |
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282 | 282 | | subchapter and shall confirm publicly and with the candidate if the candidate 6 |
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283 | 283 | | does qualify for the democracy certificate program. 7 |
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284 | 284 | | (b) Only an individual eligible for and seeking an elected State office 8 |
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285 | 285 | | position shall be eligible to file for democracy certificate program 9 |
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286 | 286 | | participation. 10 |
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287 | 287 | | (c) The democracy certificate program shall not be available for special 11 |
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288 | 288 | | elections. 12 |
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289 | 289 | | (d) A candidate for State office who intends to seek public finance funds 13 |
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290 | 290 | | from the Secretary of State Services Fund shall file a Vermont campaign 14 |
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291 | 291 | | finance affidavit on or before the date on which primary petitions or general 15 |
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292 | 292 | | election petitions must be filed, regardless of whether the candidate seeks to 16 |
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293 | 293 | | enter a party primary, is an independent candidate, or seeks to enter the general 17 |
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294 | 294 | | election. 18 |
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295 | 295 | | (e) The Secretary of State shall prepare a Vermont campaign finance 19 |
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296 | 296 | | affidavit form, informational materials on procedures and financial 20 |
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297 | 297 | | requirements, and notification of the penalties for violation of this subchapter. 21 BILL AS INTRODUCED S.98 |
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300 | 300 | | |
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301 | 301 | | VT LEG #381107 v.1 |
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302 | 302 | | (f)(1) The Vermont campaign finance affidavit shall set forth the conditions 1 |
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303 | 303 | | of receiving grants under this subchapter and provide space for the candidate to 2 |
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304 | 304 | | agree that the candidate will abide by such conditions and all expenditure and 3 |
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305 | 305 | | contribution limitations, reporting requirements, and other provisions of this 4 |
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306 | 306 | | subchapter. 5 |
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307 | 307 | | (2) The affidavit shall also state the candidate’s name; legal residence; 6 |
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308 | 308 | | business or occupation; address of business or occupation; party affiliation, if 7 |
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309 | 309 | | any; the office sought; and whether the candidate intends to enter a party 8 |
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310 | 310 | | primary or the general election. 9 |
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311 | 311 | | (3) The affidavit shall also contain a list of all contributions and other 10 |
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312 | 312 | | sources of campaign funds received by the candidate to date. 11 |
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313 | 313 | | (4) The Secretary of State may require further affirmation of 12 |
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314 | 314 | | information submitted by the candidate on the affidavit, as deemed necessary 13 |
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315 | 315 | | by the Secretary of State for the administration of this subchapter. 14 |
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316 | 316 | | (5) The affidavit shall be sworn and subscribed to by the candidate. 15 |
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317 | 317 | | (g) A candidate shall be disqualified from the democracy certificate 16 |
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318 | 318 | | program by publicly withdrawing or otherwise abandoning the race, failing to 17 |
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319 | 319 | | advance to the general election, or in the event that the Secretary of State, the 18 |
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320 | 320 | | Attorney General, or a State’s Attorney determines that the candidate has 19 |
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321 | 321 | | violated any election laws or democracy certificate program requirements, 20 BILL AS INTRODUCED S.98 |
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324 | 324 | | |
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325 | 325 | | VT LEG #381107 v.1 |
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326 | 326 | | such as violation of campaign fund limitation or contribution limit laws, or 1 |
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327 | 327 | | fraudulent or attempted fraudulent assignment of democracy certificates. 2 |
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328 | 328 | | (h) A candidate participating in the democracy certificate program shall: 3 |
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329 | 329 | | (1) participate in at least three debates or similar public events for 4 |
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330 | 330 | | primary and general elections each; 5 |
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331 | 331 | | (2) not knowingly solicit money for or on behalf of any political action 6 |
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332 | 332 | | committee, political party, or any organization that will make an independent 7 |
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333 | 333 | | expenditure for or against any candidate for State office within the same 8 |
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334 | 334 | | election cycle; and 9 |
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335 | 335 | | (3) not solicit or accept total contributions from any individual or entity 10 |
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336 | 336 | | in excess of $2,000.00 during one election cycle, but excluding the value of 11 |
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337 | 337 | | democracy certificates assigned to such candidate. 12 |
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338 | 338 | | (i) The Secretary of State shall publish and maintain a list of democracy 13 |
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339 | 339 | | certificate program participants to be readily accessible by the public and on 14 |
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340 | 340 | | the Secretary of State’s website. 15 |
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341 | 341 | | § 2991. DISBURSEMENT OF PUBLIC FINANCE FUNDS 16 |
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342 | 342 | | (a) After receiving a democracy certificate pursuant to section 2987 of this 17 |
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343 | 343 | | title, the Secretary of State shall disburse the value of the certificate proceeds 18 |
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344 | 344 | | only if: 19 BILL AS INTRODUCED S.98 |
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347 | 347 | | |
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348 | 348 | | VT LEG #381107 v.1 |
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349 | 349 | | (1) disbursement of public finance funds shall not make a qualified 1 |
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350 | 350 | | candidate exceed the maximum campaign fund limitation pursuant to 2 |
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351 | 351 | | section 2941 of this chapter; 3 |
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352 | 352 | | (2) public finance funds are available; 4 |
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353 | 353 | | (3) the Town Clerk verifies that a voter has returned the physical 5 |
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354 | 354 | | democracy certificate with the assigned serial number through a secure 6 |
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355 | 355 | | democracy certificate drop box; and 7 |
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356 | 356 | | (4) the Secretary of State has verified that a voter has electronically 8 |
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357 | 357 | | returned the democracy certificate with the assigned serial number through a 9 |
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358 | 358 | | secure Secretary of State online system. 10 |
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359 | 359 | | (b) The Secretary shall not disburse the payment of public finance funds if 11 |
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360 | 360 | | any of the following circumstances apply: 12 |
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361 | 361 | | (1) the voter is no longer registered within this State; 13 |
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362 | 362 | | (2) the candidate is deceased, is disqualified from the democracy 14 |
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363 | 363 | | certificate program, has dropped out, or has failed to use the democracy 15 |
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364 | 364 | | certificate; 16 |
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365 | 365 | | (3) the candidate does not qualify or has violated the qualification 17 |
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366 | 366 | | requirements of the democracy certificate program; 18 |
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367 | 367 | | (4) after the first business day in the month of September, a candidate in 19 |
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368 | 368 | | a primary election for State office does not advance to the general election; or 20 BILL AS INTRODUCED S.98 |
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369 | 369 | | 2025 Page 16 of 25 |
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370 | 370 | | |
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371 | 371 | | |
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372 | 372 | | VT LEG #381107 v.1 |
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373 | 373 | | (5) after the first business day of the month of December, a candidate in 1 |
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374 | 374 | | a general election for State office does not win the general election. 2 |
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375 | 375 | | (c)(1) The Secretary of State shall make disbursements from the Secretary 3 |
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376 | 376 | | of State Services Fund to candidates who have qualified for public finance 4 |
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377 | 377 | | funds under this subchapter. 5 |
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378 | 378 | | (2) To cover any public finance funds to democracy certificate program 6 |
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379 | 379 | | participants under this subchapter, the Secretary of State shall report to the 7 |
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380 | 380 | | Commissioner of Finance and Management, who shall anticipate receipts to 8 |
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381 | 381 | | the Services Fund and issue warrants to pay for those funds. The 9 |
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382 | 382 | | Commissioner shall report any such anticipated receipts and warrants issued 10 |
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383 | 383 | | under this subdivision to the Joint Fiscal Committee on or before December 1 11 |
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384 | 384 | | of the year in which the warrants were issued. 12 |
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385 | 385 | | (d) A candidate participating in the democracy certificate program may be 13 |
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386 | 386 | | assigned democracy certificates for the general election before the primary 14 |
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387 | 387 | | election takes place and may allocate democracy certificates to the general 15 |
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388 | 388 | | election without such certificates counting against the maximum campaign 16 |
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389 | 389 | | fund limitation for the primary election. 17 |
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390 | 390 | | (e) Public finance funds disbursed in a primary election period but not 18 |
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391 | 391 | | expended by the candidate in the primary election period may be expended by 19 |
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392 | 392 | | the candidate in the general election period if the candidate has won the 20 |
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393 | 393 | | candidate’s primary election. 21 BILL AS INTRODUCED S.98 |
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394 | 394 | | 2025 Page 17 of 25 |
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395 | 395 | | |
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396 | 396 | | |
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397 | 397 | | VT LEG #381107 v.1 |
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398 | 398 | | (f) The Secretary of State shall disburse public finance funds to qualifying 1 |
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399 | 399 | | candidates within 10 business days after verifying any validly assigned 2 |
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400 | 400 | | democracy certificates. 3 |
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401 | 401 | | (g) The monetary amounts contained in this subchapter shall be adjusted 4 |
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402 | 402 | | for inflation pursuant to the Consumer Price Index as provided in section 2905 5 |
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403 | 403 | | of this chapter. 6 |
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404 | 404 | | § 2992. CAMPAIGN FUND LIMITATIONS 7 |
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405 | 405 | | (a) Candidates qualified to participate in the democracy certificate program 8 |
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406 | 406 | | shall not exceed the following maximum campaign fund limitations for State 9 |
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407 | 407 | | office: 10 |
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408 | 408 | | (1) $1,000,000.00 in cumulative campaign funds for a candidate for 11 |
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409 | 409 | | Governor; and 12 |
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410 | 410 | | (2) $500,000.00 in cumulative campaign funds for a candidate for 13 |
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411 | 411 | | Lieutenant Governor, State Treasurer, State Auditor, Attorney General, or 14 |
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412 | 412 | | Secretary of State. 15 |
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413 | 413 | | (b) A candidate participating in the democracy certificate program shall 16 |
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414 | 414 | | report to the Secretary of State when the maximum campaign fund limitation 17 |
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415 | 415 | | for a candidate described in subsection (a) of this section is met or surpassed. 18 |
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416 | 416 | | (c) The affidavit shall also contain a list of all the candidate’s contributions 19 |
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417 | 417 | | to date together with the name and town of residence of the contributor and the 20 |
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418 | 418 | | date each contribution was made. 21 BILL AS INTRODUCED S.98 |
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419 | 419 | | 2025 Page 18 of 25 |
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420 | 420 | | |
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421 | 421 | | |
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422 | 422 | | VT LEG #381107 v.1 |
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423 | 423 | | § 2993. ACCOUNTABILITY 1 |
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424 | 424 | | (a) The Secretary of State shall publish the democracy certificate program 2 |
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425 | 425 | | information so that the public may track assignments of democracy certificates 3 |
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426 | 426 | | and disbursements of public finance funds. 4 |
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427 | 427 | | (b) If a voter believes the voter’s democracy certificate was lost, stolen, or 5 |
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428 | 428 | | fraudulently or improperly assigned, the Secretary of State may provide relief 6 |
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429 | 429 | | as the Secretary of State deems appropriate, including democracy certificate 7 |
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430 | 430 | | replacement, cancellation of assignment, or requiring reimbursement from a 8 |
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431 | 431 | | candidate to the Secretary of State Fund of any prior disbursed democracy 9 |
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432 | 432 | | certificate program funds. 10 |
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433 | 433 | | § 2994. ADMINISTRATION 11 |
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434 | 434 | | (a) Administration by Secretary of State. The Secretary of State shall 12 |
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435 | 435 | | implement and administer the democracy certificate program, public finance 13 |
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436 | 436 | | funds, and the provisions of this subchapter, including adopting rules and 14 |
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437 | 437 | | creating forms, information packets, procedures, and enforcement mechanisms 15 |
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438 | 438 | | as necessary. 16 |
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439 | 439 | | (b) Publication of materials. Prior to distributing democracy certificates, 17 |
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440 | 440 | | the Secretary of State shall inform the public about the democracy certificate 18 |
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441 | 441 | | program. The Secretary of State shall publish appropriate guidebooks for 19 |
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442 | 442 | | candidates and democracy certificates recipients, and all forms, instructions, 20 |
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443 | 443 | | brochures, and documents necessary for the program, which shall include 21 BILL AS INTRODUCED S.98 |
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444 | 444 | | 2025 Page 19 of 25 |
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445 | 445 | | |
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446 | 446 | | |
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447 | 447 | | VT LEG #381107 v.1 |
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448 | 448 | | making key documents accessible to those with visual or other disabilities, and 1 |
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449 | 449 | | translations into languages other than English spoken by Vermont residents. 2 |
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450 | 450 | | (c) Democracy Certificate Program Fund Limits. On or before January 1 3 |
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451 | 451 | | of each State office election year, the Secretary of State shall set and publish 4 |
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452 | 452 | | the Democracy Certificate Program Fund Limit for that year for democracy 5 |
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453 | 453 | | certificate disbursements. In setting the Democracy Certificate Program Fund 6 |
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454 | 454 | | Limit, the Secretary of State shall work to reasonably project and ensure that 7 |
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455 | 455 | | adequate funds are available for that election year consistent with this 8 |
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456 | 456 | | subchapter and its goals and purposes. 9 |
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457 | 457 | | (d) Funding amount. During any State office election year, as soon as the 10 |
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458 | 458 | | Secretary of State receives or reasonably believes the Secretary of State shall 11 |
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459 | 459 | | receive assigned democracy certificates in excess of available public finance 12 |
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460 | 460 | | funds, then funds shall be deemed unavailable, and the Secretary of State shall 13 |
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461 | 461 | | publicly announce the same and, notwithstanding any provision of this 14 |
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462 | 462 | | subchapter to the contrary, set a new date by which assigned democracy 15 |
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463 | 463 | | certificates must be submitted. After the new date, the Secretary of State, 16 |
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464 | 464 | | considering democracy certificates are received and there are available funds, 17 |
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465 | 465 | | shall allocate the remaining available public finance funds to each assigned 18 |
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466 | 466 | | candidate among all participating candidates for all State offices proportionate 19 |
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467 | 467 | | to the number of assigned democracy certificates for which public finance 20 |
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468 | 468 | | funds have not yet been disbursed. 21 BILL AS INTRODUCED S.98 |
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469 | 469 | | 2025 Page 20 of 25 |
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470 | 470 | | |
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471 | 471 | | |
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472 | 472 | | VT LEG #381107 v.1 |
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473 | 473 | | § 2995. VIOLATIONS 1 |
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474 | 474 | | (a) A person who knowingly and intentionally violates any provision of 2 |
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475 | 475 | | this subchapter is subject to the penalties listed in section 2903 of this chapter. 3 |
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476 | 476 | | (b) A person violates this subchapter if the person knowingly and 4 |
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477 | 477 | | intentionally purchases, buys, sells, pays, or receives consideration for any 5 |
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478 | 478 | | democracy certificate or attempts to do so. Further, a person shall be in 6 |
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479 | 479 | | violation of this subchapter if the person attempts to sell or dispense a stolen 7 |
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480 | 480 | | democracy certificate registered to another voter. 8 |
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481 | 481 | | (c) A person violates this subchapter if the person knowingly and 9 |
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482 | 482 | | intentionally receives, possesses, conceals, or destroys any democracy 10 |
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483 | 483 | | certificate assigned by a voter. 11 |
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484 | 484 | | (d) A person violates this subchapter if the person knowingly and 12 |
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485 | 485 | | intentionally does the following: 13 |
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486 | 486 | | (1) falsely makes or draws a complete or incomplete democracy 14 |
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487 | 487 | | certificate that purports to be authentic but is not authentic, either because the 15 |
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488 | 488 | | ostensible maker is fictitious or because, if real, the person did not authorize 16 |
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489 | 489 | | the making or drawing or signing of the democracy certificate; 17 |
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490 | 490 | | (2) falsely completes a democracy certificate assignment by adding or 18 |
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491 | 491 | | inserting matter, including a forged signature, without the authority of the 19 |
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492 | 492 | | person entitled to assign the democracy certificate; or 20 BILL AS INTRODUCED S.98 |
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493 | 493 | | 2025 Page 21 of 25 |
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494 | 494 | | |
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495 | 495 | | |
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496 | 496 | | VT LEG #381107 v.1 |
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497 | 497 | | (3) falsely alters a democracy certificate, without authorization by the 1 |
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498 | 498 | | holder or recipient of the democracy certificate entitled to grant it, by means of 2 |
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499 | 499 | | erasure, obliteration, deletion, insertion of new matter, transposition of matter, 3 |
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500 | 500 | | or in any other manner. 4 |
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501 | 501 | | (e) A candidate who violates any provision of this section may be 5 |
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502 | 502 | | disqualified from participating in the democracy certificate program for that 6 |
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503 | 503 | | election cycle, in the sole discretion of the Secretary of State. 7 |
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504 | 504 | | § 2996. REPORTING 8 |
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505 | 505 | | Annually, on or before January 15, the Secretary of State shall report to the 9 |
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506 | 506 | | House Committee on Government Operations and Military Affairs and the 10 |
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507 | 507 | | Senate Committee on Government Operations with the Secretary of State’s 11 |
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508 | 508 | | recommendations for maximum campaign limits, contribution limitations, 12 |
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509 | 509 | | prior and projected democracy certificate program funding needs to ensure 13 |
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510 | 510 | | proper accumulation, distribution of funds during nonelection and election 14 |
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511 | 511 | | years, and any recommendations for legislative action. 15 |
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512 | 512 | | § 2997. DESIGN OF DEMOCRACY CERTIFICATE 16 |
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513 | 513 | | (a) The Secretary of State shall design the democracy certificates. 17 |
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514 | 514 | | (b) The Secretary of State shall print the following either on the face of the 18 |
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515 | 515 | | physical democracy certificates or in digital form if democracy certificates are 19 |
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516 | 516 | | to be electronically submitted via a secure Secretary of State online system: 20 |
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517 | 517 | | “Democracy Certificates of __________” 21 BILL AS INTRODUCED S.98 |
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518 | 518 | | 2025 Page 22 of 25 |
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519 | 519 | | |
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520 | 520 | | |
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521 | 521 | | VT LEG #381107 v.1 |
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522 | 522 | | (print your name) 1 |
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523 | 523 | | I, ___________, solemnly swear or affirm that I am a resident of the town 2 |
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524 | 524 | | (city) of _________, State of Vermont, and that I am a legal voter in this town 3 |
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525 | 525 | | (city). 4 |
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526 | 526 | | _________________________________________ 5 |
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527 | 527 | | (your signature) 6 |
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528 | 528 | | (c) The Secretary of State shall include an identification number for each 7 |
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529 | 529 | | issued democracy certificate. 8 |
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530 | 530 | | (d) The Secretary of State shall print in which election or elections the 9 |
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531 | 531 | | democracy certificate may be assigned to candidates. 10 |
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532 | 532 | | (e) The Secretary of State shall prepare and furnish democracy certificate 11 |
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533 | 533 | | forms and any supporting documentation for the democracy certificate 12 |
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534 | 534 | | program. 13 |
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535 | 535 | | Sec. 10. 17 V.S.A. § 2998 is added to read: 14 |
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536 | 536 | | § 2998. RULEMAKING 15 |
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537 | 537 | | The Secretary of State shall adopt rules pursuant to 3 V.S.A. chapter 25 for 16 |
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538 | 538 | | the administration and implementation of the democracy certificate program, 17 |
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539 | 539 | | including: 18 |
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540 | 540 | | (1) issuance of democracy certificates to voters who opt into the 19 |
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541 | 541 | | democracy voucher program and disbursements to qualified candidates; and 20 BILL AS INTRODUCED S.98 |
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542 | 542 | | 2025 Page 23 of 25 |
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543 | 543 | | |
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544 | 544 | | |
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545 | 545 | | VT LEG #381107 v.1 |
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546 | 546 | | (2) the receipt of duplicate democracy certificates and procedures for 1 |
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547 | 547 | | mitigating instances of loss, theft, destruction, or forgery of democracy 2 |
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548 | 548 | | certificates. 3 |
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549 | 549 | | * * * Employer-Provided Time off for Statewide Election Days * * * 4 |
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550 | 550 | | Sec. 11. 21 V.S.A. chapter 5, subchapter 13 is added to read: 5 |
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551 | 551 | | Subchapter 13. Rights of Voters 6 |
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552 | 552 | | § 571. VOTERS 7 |
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553 | 553 | | (a) Time off. Each employer in this State shall permit any employee, upon 8 |
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554 | 554 | | 24 hours advanced notice to the employee, to take up to four hours off from 9 |
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555 | 555 | | employment to vote in person in any local, municipal, district, county, State, or 10 |
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556 | 556 | | federal primary, general, or special election for which such employee is 11 |
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557 | 557 | | qualified; provided, however, the employer need not grant time off for voting 12 |
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558 | 558 | | if the hours of work of an employee commence at least two hours after the 13 |
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559 | 559 | | opening of the polls or end at least two hours prior to the closing of the polls. 14 |
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560 | 560 | | (b) Scheduled time. An employer may specify the scheduled working 15 |
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561 | 561 | | hours during which the employee may take time off to vote described in 16 |
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562 | 562 | | subsection (a) of this section. 17 |
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563 | 563 | | (c) Discipline and benefits. An employer shall not discharge, penalize or 18 |
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564 | 564 | | otherwise discipline, or deprive the employee of any right, privilege, or benefit 19 |
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565 | 565 | | in a manner that discriminates between the employee and other employees not 20 |
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566 | 566 | | voting, because of the employee’s voting in accordance with this section. 21 BILL AS INTRODUCED S.98 |
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567 | 567 | | 2025 Page 24 of 25 |
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568 | 568 | | |
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569 | 569 | | |
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570 | 570 | | VT LEG #381107 v.1 |
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571 | 571 | | (d) Replacements. An employer shall not require an employee to find a 1 |
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572 | 572 | | replacement for time off taken to vote as described in subsection (a) of this 2 |
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573 | 573 | | section. 3 |
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574 | 574 | | (e) Compensation. 4 |
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575 | 575 | | (1) An employer shall not require an employee who is absent from work 5 |
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576 | 576 | | in accordance with this section to use earned or accrued leave times described 6 |
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577 | 577 | | in this chapter. 7 |
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578 | 578 | | (2) An employer shall not be required to pay an employee who is absent 8 |
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579 | 579 | | from work in accordance with this section for the time absent unless the 9 |
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580 | 580 | | employer and the employee mutually agree that either: 10 |
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581 | 581 | | (A) the employee will work an equivalent number of hours as the 11 |
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582 | 582 | | number of hours for which the employee is absent during the same pay period; 12 |
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583 | 583 | | or 13 |
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584 | 584 | | (B) the employee will trade hours with a second employee so that the 14 |
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585 | 585 | | second employee works during the hours for which the employee is absent and 15 |
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586 | 586 | | the employee works an equivalent number of hours in place of the second 16 |
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587 | 587 | | employee during the same pay period. 17 |
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588 | 588 | | (f) Posted notice. An employer shall post notice of the provisions of this 18 |
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589 | 589 | | section in a form provided by the Commissioner in a place conspicuous to 19 |
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590 | 590 | | employees at the employer’s place of business. An employer shall also notify 20 BILL AS INTRODUCED S.98 |
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591 | 591 | | 2025 Page 25 of 25 |
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592 | 592 | | |
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593 | 593 | | |
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594 | 594 | | VT LEG #381107 v.1 |
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595 | 595 | | an employee of the provisions of this section at the time of the employee’s 1 |
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596 | 596 | | hiring. 2 |
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597 | 597 | | (g) Penalty. An employer who violates a provision of this section shall be 3 |
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598 | 598 | | fined not more than $200.00. 4 |
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599 | 599 | | * * * Effective Date * * * 5 |
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600 | 600 | | Sec. 12. EFFECTIVE DATE 6 |
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601 | 601 | | This act shall take effect on July 1, 2025. 7 |
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