TITLE II. ELECTIONS AND CITY MEETINGS—CITY ELECTIONS
3 Election of mayor and city councilors.
(a) Election of Mayor. On the first Tuesday in March 2003 and triennially thereafter, the legal voters of the City shall, from among the legal voters thereof, elect a Mayor. Notwithstanding any provision of this charter or the general statutes, no person shall be eligible to have his or her name printed on the ballot as a candidate for the Office of Mayor who has not submitted a nominating petition signed by at least 150 registered voters of the City within the time limits specified in 17 V.S.A. chapter 55, as the same may be amended from time to time. For all special elections, nominations of the municipal officers shall be by petition as specified in 17 V.S.A. chapter 55, excepting 17 V.S.A. § 2681(a)(1)(A). Instead, the petition shall be filed with the municipal clerk, together with the endorsement, if any, of any party or parties in accordance with the provisions of this title, not later than 5:00 p.m. on the ninth Monday preceding the day of the election, which shall be the filing deadline.
(b) Election of City councilors.
(1) On the first Tuesday in March 2015 and biennially thereafter, the legal voters of each of the South, Central, East, and North City Districts shall, from among the legal voters of their respective district, elect a City councilor for a two-year term.
(2) (A) On the first Tuesday in March 2015, the legal voters from each of Wards One, Two, Three, Four, Five, Six, Seven, and Eight shall, from among the legal voters of their respective ward, elect a City councilor for a three-year term.
(B) On the first Tuesday in March 2018 and biennially thereafter, the legal voters of each ward shall elect a City councilor for a two-year term.
(Act No. M-15, § 2, approved 3-4-2014; Act. No. M-12, § 2, approved 3-3-2020)
4 Election of school commissioners.
(a) The legal voters of each ward and City district of the City shall elect, from among the legal voters of their respective wards and City districts, school commissioners to serve for terms hereinafter provided.
(b) Election of school commissioners in each ward and City district shall be held on the first Tuesday in March in the year in which the term of office of the school commissioner therein shall expire.
(Act No. M-15, § 2, approved 3-4-2014)
5 Election to be by ballot; method of election; runoff elections.
All elections of the Mayor, City Councilors, school commissioners, and ward election officers shall be by ballot, using a system of ranked choice voting without a separate runoff election. The Chief Administrative Officer shall implement a ranked choice voting protocol according to these guidelines:
(1) The ballot shall give voters the option of ranking candidates in order of preference.
(2) If a candidate receives a majority (over 50 percent) of first preferences, that candidate is elected.
(3) If no candidate receives a majority of first preferences, an instant runoff tabulation shall be performed by the presiding election officer.
(4) The City Council may adopt ordinances consistent with this subsection to implement these standards.
(Act No. M-3, Election of 3-1-2005, § 2, Approved 5-12-2005; Approved March 2, 2010, § 5; Act No. M-14, § 2, approved 5-19-22; Act No. M-9, § 2, approved 5-27-23)
6 Requirements generally.
(a) All warnings for meetings for the election of city or ward officers, and for general meetings of all the legal voters of said city, for any purpose, shall be issued by the mayor and published in the manner and for the length of time designated in chapter 55 of Title 17 of the Vermont Statutes Annotated relating to local elections as the same may be amended from time to time.
(b) Upon request of the City Council by resolution or upon petition signed by five percent of the legal voters, filed with the Chief Administrative Officer, the Mayor shall insert in the warning for the annual City meeting any special article for any legal purpose beyond the jurisdiction of the City Council, the purpose to be set forth in said article as stated in such resolution or petition and the Chief Administrative Officer shall prepare suitable ballots in sufficient quantities for the vote upon the article. For the City annual meeting in March of each year, the resolution or petition must be filed with the Chief Administrative Officer not later than the deadline established in 17 V.S.A. chapter 55 as the same may be amended from time to time, and for any special elections, the resolution or petition must be filed with the Chief Administrative Officer not later than 60 days prior to the election; provided, however, that any petition for the insertion of any article calling for the resubmission, reconsideration, or recision of any question previously submitted to the legal voters of the City shall be filed not later than the deadline established for requesting reconsideration or recision of a prior vote as specified in 17 V.S.A. § 2661 as the same may be amended from time to time; and provided further, that no question previously submitted to the legal voters of the City shall be more than once resubmitted or presented for reconsideration or recision except upon request of the City Council by resolution. Each page of a petition filed under this section shall bear the full text of the petition, each signature to the petition shall be witnessed, each signer of such petition shall set after his or her signature his or her legal address within the City, and any part of the petition not conforming to these requirements shall be invalid.
(Act. No. M-12, § 2, approved 3-3-2020)
ARTICLE 4. QUALIFICATIONS OF VOTERS
7 Age and residence requirements.
Every citizen of this state not less than 18 years of age who has taken the Freeman’s (Voter’s) Oath, who resides in said City and who has registered to vote with the Board for Registration of Voters no later than the deadline established by Vermont law prior to any warned City or ward or City district election or any annual or special City meeting shall be a legal voter at said election or meeting, and no other person shall be allowed to vote at such election or meeting.
(Act No. M-15, § 2, approved 3-4-14)
8 Person to vote in ward or City district in which the person resides; residence requirement.
No such citizen shall vote except in the ward or City district of which he or she is at the time a resident.
(Act No. M-15, § 2, approved 3-4-14)
ARTICLE 5. PENALTIES FOR ILLEGAL VOTING
9 Adopted.
The penalties set forth in Vermont Statutes Annotated shall be applicable for illegal voting at any City or ward or City district election.
(Act No. M-15, § 2, approved 3-4-14)
10 Specified; election; term.
(a)(1) The ward officers shall be a Clerk and three inspectors of election. All three inspectors of election may not be members of the same political party. In such event, the City Council shall forthwith appoint an inspector who shall serve instead of the candidate who received the third largest number of votes.
(2) Ward clerks and inspectors of election elected at the annual City meeting shall take office on the first Monday in April in the year of their election.
(b)(1) Ward clerks shall be chosen for two-year terms and inspectors of elections for three-year terms by the legal voters of each ward at the annual City election.
(2) The ward clerks elected March 3, 2015 shall take office April 6, 2015.
(3) Three inspectors of election shall be elected in each ward on March 3, 2015.
(A) One inspector of election shall be elected for a one-year term commencing April 6, 2015 and terminating April 4, 2016, and who shall thereafter be elected for a three-year term.
(B) One inspector of election shall be elected for a two-year term commencing April 6, 2015 and terminating April 3, 2017, and who shall thereafter be elected for a three-year term.
(C) One inspector of election shall be elected for a three-year term commencing April 6, 2015 and terminating April 2, 2018, and who shall thereafter be elected for a three-year term.
(Act No. M-15, § 2, approved 3-4-14)
11 Performance of duties; terms.
The ward officers shall be sworn to the faithful discharge of their respective duties and shall hold their offices until their successors are chosen and qualified.
12 [Repealed.]
13 Vacancies to be filled by city council.
In case of a vacancy in any ward office occasioned by death, removal from the ward or city, resignation, inability to serve, failure to elect or other cause, the same shall be filled by the city council.
14 List of voters to be prepared; posting.
Preceding each annual or special City or ward or City district election to be held in said City, it shall be the duty of the Board for Registration of Voters to prepare full and complete lists of the voters in the respective wards or City districts of said City, and to certify the same to the Chief Administrative Officer. One copy of such lists shall be posted by or under the direction of the Chief Administrative Officer in some public place in the wards or City districts to which the voters whose names are on such list respectively belong, at least 12 days previous to any such election.
(Act No. M-15, § 2, approved 3-4-14)
15 Notice of meeting to alter or correct list required.
Whenever any checklist of voters shall be posted in said city, a notice shall be written or printed thereon, signed by a majority of said board for registration of voters, setting forth the time and place at which said board will meet to make additions thereto or alterations or corrections thereon, which time and place shall be previously determined by said board.
16 Additions or corrections permitted.
The board for registration of voters shall, pursuant to the notice set forth in section 15 of this chapter, meet to make additions to, or alterations and corrections in, the list required by section 14 of this chapter.
(Act No. M-11, Approved March 3, 2009)
17 Chief administrative officer to post lists; copies to be filed in chief administrative officer’s office.
It shall be the duty of the chief administrative officer to cause the original of each and every checklist of voters at any time ordered to be posted by the board for registration of voters of said city, to be filed in the chief administrative officer’s office with his or her certificate attached, that true copies of such lists have been posted as directed by said board, together with the time and place in said city at which the same were posted, which certificate shall be prima facie evidence of such posting.
18 Copies of list to be given inspectors.
After all such additions, alterations and corrections shall have been made by said Board for Registration of Voters, a true copy of such checklist shall be made by the Chief Administrative Officer, and delivered to the inspectors of election in the several wards, for use at such annual or special City election or City district election; and no person whose name is not on such lists shall be allowed to vote at any such election.
(Act No. M-15, § 2, approved 3-4-14)
ARTICLE 8. METHOD OF CONDUCTING ELECTIONS
19 Where elections held; early voter absentee ballots.
Annual and special elections shall be held in the several wards. Notwithstanding 17 V.S.A. chapter 51, the ballots of early or absentee voters may be returned to the ward clerks of the various wards within the City.
(Act No. M-15, § 2, approved 3-4-14)
20 Ward clerk to keep records; certificates of election to be furnished successful candidates; election results to be published.
It shall be the duty of the clerk of each ward subject to supervision by the Chief Administrative Officer as presiding officer for City and ward and City district elections to make a record of all elections held therein, and to furnish to each officer who shall have been elected for such ward or City district, including City councilors and school commissioners, a certificate of his or her election, and also immediately after any election in such ward to return and certify to the Chief Administrative Officer a statement of the votes for all officers in his or her ward, which statement shall be recorded in the City records, and a certificate by the Chief Administrative Officer of the result of such election in the whole City shall be forthwith published in the various newspapers of said City.
(Act No. M-15, § 2, approved 3-4-14)
21 Duties of election inspectors.
It shall be the duty of their inspectors of election to be present, preside and preserve order at all elections in their respective wards, to decide all questions relative to the right of any person to vote at such election, to sort and count the ballots and to publicly announce the result to the voters present. In all respects not inconsistent with this Charter, the provisions of the general statutes respecting the process of voting shall apply to all annual and special elections and city meetings in said city, except that a voter’s name shall not be required to be checked when his ballot is deposited in the ballot box, and except that the number of ballot clerks and assisting clerks to be appointed shall be discretionary with the board of civil authority.
22 Ballots.
For all City or ward or City district elections, and also for the election of justices of the peace in the City, the Chief Administrative Officer shall prepare all official ballots, consistent with the requirements of any regulation adopted under section 5 of this chapter, and otherwise in the same manner and subject to all the provisions of the laws of this State providing for and regulating the preparation and distribution of official ballots in towns and cities; provided, however, that the Chief Administrative Officer shall cause to be printed for every ward or City district in the City not less than 60 ballots for every 50 names or fractional part thereof on the voting list prepared and posted in the ward or City district for any such election; and further provided that the Chief Administrative Officer shall deliver to the inspectors of election in each ward on the day of the election and before the hour for opening the polls in said ward, the number of blocks of ballots containing 100 each as shall nearest represent two thirds of the whole number required to be printed for the ward or City district, and shall retain the balance of the ballots for each ward or City district so prepared. For all special elections, the Chief Administrative Officer shall prepare all official ballots at least 45 days prior to the election.
(Act No. M-3, Election of 3-1-2005, § 3, Approved 5-12-2005; Act No. M-15, § 2, approved 3-4-14; Act. No. M-12, § 2, approved 3-3-2020)
23 Retained ballots to be delivered to inspectors on demand.
In case the inspectors of election in any ward for any cause shall require the ballots so belonging to such ward or City district and retained by said Chief Administrative Officer, or any part thereof, they shall notify him or her in writing. Said Chief Administrative Officer shall thereupon forthwith transmit to said inspectors of election such part or all of said ballots so retained in his or her possession as said inspectors of election shall specify.
(Act No. M-15, § 2, approved 3-4-14)
24 Record of ballots delivered required; receipts.
The chief administrative officer shall keep a record of the whole number of ballots so prepared and delivered; and said inspectors of election shall give to said chief administrative officer, whenever any ballots are received by them, a receipt stating the number of ballots so received.
ARTICLE 9. SPECIAL CITY MEETINGS
25 Requirements generally.
Special meetings of all the legal voters of said city shall be called by the mayor upon request by resolution of the city council or on petition signed by five per cent of the legal voters for any legal purpose beyond the jurisdiction of the city council, said purpose to be set forth in the warning for said meeting; provided, however, that any petition for the calling of any special meeting for the resubmission, reconsideration, or rescission of any question previously submitted to the legal voters of said city shall be filed not more than thirty days after such previous submission; and provided further, that no question previously submitted to the legal voters of said city shall be more than once resubmitted or presented for reconsideration or rescission except upon request of the city council by resolution. Each page of a petition filed under this section shall bear the full text of such petition, each signature to such petition shall be witnessed, each signer of such petition shall set after his signature his legal address within the city, and any part of such petition not conforming to these requirements shall be invalid. At such special meetings those persons only shall be entitled to vote whose names are on the checklist used for the last annual city election, and such persons as were or have become entitled by law to have their names on such checklist and whose names have been added thereto by the board for registration of voters since said city election. The board for registration of voters shall hold a meeting or meetings to make additions and corrections to said checklist.
26 Questions at special meetings to be decided by ballot.
The questions at any such special meeting shall be determined by ballot and the checklist shall be used. There shall be at such meeting a separate polling place, or polling places, for each ward, and as many of the ward officers hereinbefore named as shall be necessary shall act at such meetings, in the same manner as at City or ward or City district elections. For all such meetings, it shall be the duty of the Chief Administrative Officer to prepare suitable ballots in sufficient quantity.
(Act No. M-15, § 2, approved 3-4-14)
27 Presiding officer; powers.
At all meetings of the legal voters of said city, the mayor shall preside and shall have the powers of a moderator in town meetings.
ARTICLE 11. FREEMAN’S MEETINGS
28 Warning required; location; voting.
Freemen’s meetings for all purposes provided by the laws of the state shall be warned by the mayor, and one copy of such warning, signed by the mayor, shall be posted in each ward of the city. Such meetings shall be held in the respective wards at such place or places in each ward as shall be designated in the warning therefor, and each freeman shall vote only in the ward of which he is an inhabitant at the time of the completion of the checklist of voters therefor.
29 Checklists to be prepared and posted.
Checklists of voters in the respective wards for each freemen’s meeting shall be prepared, posted, corrected and furnished to the inspectors of election therein; and elections at such freemen’s meetings shall be conducted in the manner herein provided for city elections. No person whose name is not on such checklist shall be allowed to vote at any freemen’s meeting.
30 General laws applicable; exceptions.
In all respects not inconsistent with this Charter, the provisions of the general statutes respecting freemen’s meetings shall apply to such meetings in said city, except that a voter’s name shall not be required to be checked when his ballot is deposited in the ballot box, and except that the number of ballot clerks and assisting clerks to be appointed shall be discretionary with the board of civil authority.
31 Duties of election inspectors and ward clerks.
The inspectors of election and ward clerks in the several wards shall perform all and the same duties in regard to certifying the results of elections in their respective wards for state and county officers, county senators, justices of the peace, representatives to Congress, electors of president and vice-president of the United States, and of the votes cast for any or all of such officers, as now devolve by law upon the presiding officers of freemen’s meetings and town clerks, respectively, in towns; and in addition thereto they shall certify the same to the clerk/treasurer, who shall keep a record thereof.
31a Establishment of voting precincts within wards permitted.
(a) The City Council may, by resolution, establish voting precincts within one or more of the several wards of the City, and from time to time amend or alter the boundaries thereof, which said precincts so established shall be designated by number.
(b)(1) In the event such precincts are so established, the ward officers previously elected shall, from the remainder of their respective terms, be the precinct officers of the first numbered precincts in their ward, whether or not they reside therein, and the City Council shall appoint additional precinct officers for each additional precinct.
(2) At the annual City meeting following the establishment of such precincts, and at each annual City meeting thereafter, precinct officers shall be chosen by the legal voters of each precinct from among the legal votes thereof.
(Act No. M-15, § 2, approved 3-4-14)
ARTICLE 12. CITY REPRESENTATIVE
32—35 [Reserved.].
35a "ward" defined.
In all places in sections 6 through 35, inclusive, and in section 125 of this Charter, the word "ward" wherever the same appears shall be construed to include a precinct thereof.