1 | 1 | | BILL AS INTRODUCED S.137 |
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2 | 2 | | 2025 Page 1 of 6 |
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4 | 4 | | |
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5 | 5 | | VT LEG #379866 v.1 |
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6 | 6 | | S.137 1 |
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7 | 7 | | Introduced by Senator Perchlik 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; conduct of elections; ballots; “None of these candidates” 5 |
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11 | 11 | | voting option 6 |
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12 | 12 | | Statement of purpose of bill as introduced: This bill proposes to require that 7 |
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13 | 13 | | primary and general election ballots provide an option for a voter to choose 8 |
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14 | 14 | | “None of these candidates.” If a voter chooses that option in lieu of voting for 9 |
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15 | 15 | | any candidate, the vote shall not be counted as a blank vote and instead shall 10 |
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16 | 16 | | be specifically counted as a vote for “None of these candidates” and have the 11 |
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17 | 17 | | same significance as a vote for a candidate. 12 |
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18 | 18 | | An act relating to an option to vote “None of these candidates” on primary 13 |
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19 | 19 | | and general election ballots 14 |
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20 | 20 | | It is hereby enacted by the General Assembly of the State of Vermont: 15 |
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21 | 21 | | Sec. 1. PURPOSE AND INTENT 16 |
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22 | 22 | | (a) Purpose. This act provides an option for voters to choose “None of 17 |
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23 | 23 | | these candidates” on primary and general election ballots and establishes that a 18 |
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24 | 24 | | vote for “None of these candidates” is specifically counted as a vote for none 19 |
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25 | 25 | | of the listed candidates and not as a blank vote. 20 BILL AS INTRODUCED S.137 |
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26 | 26 | | 2025 Page 2 of 6 |
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28 | 28 | | |
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29 | 29 | | VT LEG #379866 v.1 |
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30 | 30 | | (b) Intent. After the option to choose “None of these candidates” is enacted 1 |
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31 | 31 | | into law, the General Assembly intends to amend Rule 10(c) of the Joint Rules 2 |
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32 | 32 | | of the Senate and House of Representatives so that a vote for “None of these 3 |
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33 | 33 | | candidates” on a general election ballot is specifically counted as such and not 4 |
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34 | 34 | | as a blank vote when determining whether a candidate for Governor, 5 |
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35 | 35 | | Lieutenant Governor, or Treasurer received a major part of the votes in 6 |
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36 | 36 | | accordance with Chapter II, § 47 of the Vermont Constitution. 7 |
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37 | 37 | | Sec. 2. 17 V.S.A. § 2362 is amended to read: 8 |
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38 | 38 | | § 2362. PRIMARY BALLOTS 9 |
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39 | 39 | | (a) A separate ballot for each major political party shall be printed and 10 |
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40 | 40 | | furnished to the towns by the Secretary of State and shall contain the names of 11 |
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41 | 41 | | all candidates for nomination by that party at the primary. Ballots shall be 12 |
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42 | 42 | | printed on index stock and configured to be readable by vote tabulators. 13 |
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43 | 43 | | Ballots shall be printed in substantially the following form: 14 |
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44 | 44 | | OFFICIAL VERMONT PRIMARY ELECTION BALLOT 15 |
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45 | 45 | | VOTE ON ONE PARTY BALLOT ONLY AND PLACE IN BALLOT 16 |
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46 | 46 | | BOX OR VOTE TABULATOR 17 |
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47 | 47 | | ALL OTHER PARTY BALLOTS MUST BE PLACED IN UNVOTED 18 |
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48 | 48 | | BALLOT BOX 19 |
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49 | 49 | | ________________________ 20 BILL AS INTRODUCED S.137 |
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50 | 50 | | 2025 Page 3 of 6 |
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52 | 52 | | |
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53 | 53 | | VT LEG #379866 v.1 |
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54 | 54 | | [MAJOR POLITICAL PARTY NAME] 1 |
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55 | 55 | | ________________________ 2 |
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56 | 56 | | Instructions to voters: Use black pen or pencil to fill in the oval. To 3 |
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57 | 57 | | vote for a person whose name is printed on the ballot, fill in the oval to the 4 |
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58 | 58 | | right of the name of that person. To vote for a person whose name is not 5 |
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59 | 59 | | printed on the ballot, write or stick his or her the person’s name in the blank 6 |
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60 | 60 | | space provided and fill in the oval to the right of the write-in space. Do not 7 |
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61 | 61 | | vote for more candidates than the “Vote for Not More Than” number for an 8 |
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62 | 62 | | office. You may also choose “None of these candidates” if you do not want to 9 |
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63 | 63 | | vote for any candidate. If you make a mistake, tear, or deface the ballot, return 10 |
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64 | 64 | | it to an election official and obtain another ballot. Do not erase. 11 |
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65 | 65 | | (b)(1) Following the names of candidates printed on the ballot after the 12 |
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66 | 66 | | name of each office to be filled shall be: 13 |
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67 | 67 | | (A) an option for a voter to choose “None of these candidates”; and 14 |
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68 | 68 | | (B) as many blank lines for write-in candidates as there are persons to 15 |
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69 | 69 | | be elected to that office. 16 |
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70 | 70 | | (2) If no primary petition is filed for an office or for a candidate 17 |
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71 | 71 | | belonging to a party, the ballot shall contain the name of the office and blank 18 |
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72 | 72 | | lines for write-in candidates. 19 BILL AS INTRODUCED S.137 |
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73 | 73 | | 2025 Page 4 of 6 |
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76 | 76 | | VT LEG #379866 v.1 |
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77 | 77 | | Sec. 3. 17 V.S.A. § 2472 is amended to read: 1 |
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78 | 78 | | § 2472. CONTENTS 2 |
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79 | 79 | | (a)(1) The ballot shall be titled “OFFICIAL VERMONT GENERAL 3 |
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80 | 80 | | ELECTION BALLOT,” followed by the date of the election. Immediately 4 |
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81 | 81 | | below, the following instructions shall be printed: “Instruction to Voters: To 5 |
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82 | 82 | | vote for a candidate whose name is printed on the ballot, fill in the oval at the 6 |
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83 | 83 | | right of that person’s name and party designation. To vote for a candidate 7 |
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84 | 84 | | whose name is not printed on the ballot, write the person’s name on the blank 8 |
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85 | 85 | | line in the appropriate block and fill in the oval to the right of that blank line. 9 |
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86 | 86 | | When there are two or more candidates to be elected to one office, you may 10 |
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87 | 87 | | vote for any number of candidates up to and including the maximum number.” 11 |
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88 | 88 | | You may also fill in the oval to the right of “None of these candidates” if you 12 |
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89 | 89 | | do not want to vote for any candidate.” 13 |
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90 | 90 | | (2) The name of the town or towns and legislative district in which the 14 |
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91 | 91 | | ballot is to be used shall be listed in the upper left hand corner. 15 |
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92 | 92 | | (b)(1) Each office to be voted upon shall be separately indicated and 16 |
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93 | 93 | | preceded by the word “For,” as: “For United States Senator.” Beneath the 17 |
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94 | 94 | | office to be voted upon shall appear the instructions: “Vote for not more than 18 |
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95 | 95 | | (the number of candidates to be elected).” 19 |
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96 | 96 | | (2)(A) The names of the candidates for each office shall be listed in 20 |
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97 | 97 | | alphabetical order by surname, followed by the candidate’s town of residence, 21 BILL AS INTRODUCED S.137 |
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98 | 98 | | 2025 Page 5 of 6 |
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100 | 100 | | |
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101 | 101 | | VT LEG #379866 v.1 |
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102 | 102 | | and the party or parties by which the candidate has been nominated, or in the 1 |
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103 | 103 | | case of independent candidates who have not chosen some other name or 2 |
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104 | 104 | | identification, by the word “Independent.” 3 |
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105 | 105 | | (B) The word “party” shall not be printed on the ballot following a 4 |
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106 | 106 | | candidate’s party name. 5 |
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107 | 107 | | * * * 6 |
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108 | 108 | | (c) Following the names of candidates for each office, there shall be as: 7 |
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109 | 109 | | (1) An option for a voter to choose “None of these candidates” and an 8 |
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110 | 110 | | oval to the right of that option that is identical to the ovals that follow the 9 |
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111 | 111 | | candidates’ names. 10 |
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112 | 112 | | (2) As many blank write-in lines as there are persons to be elected to 11 |
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113 | 113 | | that office. To the right of each such line shall be the words “Write-In” and an 12 |
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114 | 114 | | oval identical to the ovals that follow the candidates’ names. Lines provided 13 |
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115 | 115 | | for writing in names for President and Vice President shall be separately 14 |
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116 | 116 | | designated by the words “President” and “Vice President.” 15 |
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117 | 117 | | * * * 16 |
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118 | 118 | | Sec. 4. 17 V.S.A. § 2587 is amended to read: 17 |
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119 | 119 | | § 2587. RULES FOR COUNTING VOTES 18 |
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120 | 120 | | * * * 19 |
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121 | 121 | | (b) If the voter marks more names than there are persons to be elected to an 20 |
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122 | 122 | | office, marks a name and “None of these candidates,” or marks contradictory 21 BILL AS INTRODUCED S.137 |
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123 | 123 | | 2025 Page 6 of 6 |
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126 | 126 | | VT LEG #379866 v.1 |
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127 | 127 | | sides on any public question, overvotes equal to the number of candidates to be 1 |
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128 | 128 | | elected to the office must shall be recorded on the tally sheet for that office or 2 |
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129 | 129 | | question. 3 |
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130 | 130 | | (c)(1) A write-in vote for a candidate whose name is preprinted on the 4 |
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131 | 131 | | ballot shall be counted as a vote for that candidate. 5 |
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132 | 132 | | * * * 6 |
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133 | 133 | | (3) A vote for “None of these candidates” shall be counted as a vote for 7 |
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134 | 134 | | none of the listed candidates, have the same significance as a vote for a 8 |
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135 | 135 | | candidate, and be recorded on the tally sheet for that office. 9 |
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136 | 136 | | * * * 10 |
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137 | 137 | | (f) When the same number of persons are nominated for the position of 11 |
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138 | 138 | | justice of the peace as there are positions to be filled, the presiding officer may 12 |
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139 | 139 | | declare the whole slate of candidates elected without making individual tallies, 13 |
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140 | 140 | | providing provided that each person on the slate has more votes than the 14 |
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141 | 141 | | largest number of write-in votes for any one candidate. 15 |
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142 | 142 | | Sec. 5. EFFECTIVE DATE 16 |
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143 | 143 | | This act shall take effect on July 1, 2025. 17 |
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