Primary Elections

V.S.A. tit. 17, ch. 49, subch. 1

in effect

17 V.S.A. § 2351 Primary election

2351. Primary election A primary election shall be held on the second Tuesday in August in each even-numbered year for the nomination of candidates of major political parties for all offices to be voted for at the succeeding general election, except candidates for President and Vice President of the United States, their electors, and justices of the peace. Added 1977, No. 269 (Adj. Sess.), § 1; amended 2009, No. 73 (Adj. Sess.), § 1, eff. April 7, 2010; 2013, No. 161 (Adj. Sess.), § 15, eff. Jan. 1, 2016.

17 V.S.A. § 2352 Nomination of candidates prior to special election

2352. Nomination of candidates prior to special election When the Governor or any court, pursuant to law, orders a special election to be held for any of the offices covered by section 2351 of this title, a special primary election shall be held on the Tuesday that falls not less than 60 days nor more than 66 days prior to the date set for the special election. The nomination of candidates prior to a special election, including nomination both by primary and by other means, shall be governed by the rules applicable to nomination of candidates prior to the general election, except as may be specifically provided in this chapter. The term “general election,” as used in this chapter, shall be deemed to include a special election, unless the context requires a different interpretation. Added 1977, No. 269 (Adj. Sess.), § 1; amended 2009, No. 73 (Adj. Sess.), § 2, eff. April 7, 2010.

17 V.S.A. § 2353 Petitions to place names on ballot

2353. Petitions to place names on ballot (a) The name of any person shall be printed upon the primary ballot as a candidate for nomination by any major political party for the office indicated, if a petition containing the requisite number of signatures made by registered voters, in substantially the following form, is filed with the proper official, together with the person’s written consent to having his or her name printed on the ballot: I join in a petition to place on the primary ballot of the ...................... . party the name of .................... , whose residence is in the (city), (town) of ...................... in the county of ...................... , for the office of ...................... to be voted for on Tuesday, the ............... day of August, 20 ....... ; and I certify that I am at the present time a registered voter and am qualified to vote for a candidate for this office. (b)(1) A person’s name shall not be listed as a candidate on the primary ballot of more than one party in the same election. (2) A single petition shall contain only one office for which a person seeks to be a candidate. (3) A person shall file a separate petition for each office for which he or she seeks to be a candidate. Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 17; 2007, No. 121 (Adj. Sess.), § 6, eff. May 6, 2008; 2009, No. 73 (Adj. Sess.), § 3, eff. April 7, 2010; 2017, No. 50, § 7; 2019, No. 67, § 10.

17 V.S.A. § 2354 Signing petitions

2354. Signing petitions (a) Any number of voters may sign the same petition. (b)(1) A voter’s signature shall not be valid unless at the time he or she signs, the voter is registered and qualified to vote for the candidate whose petition he or she signs. (2) Each voter shall indicate his or her town of residence next to his or her signature. (c) The signature of a voter on a candidate’s petition does not necessarily indicate that the voter supports the candidate. (d) A petition shall contain the name of only one candidate. Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 18; 2017, No. 50, § 8; 2019, No. 67, § 10.

17 V.S.A. § 2355 Number of signatures required

2355. Number of signatures required The number of signatures on primary petitions shall be not less than: (1) for State and congressional officers, 500; (2) for county officers or State senator, 100; and (3) for Representative to the General Assembly, 50. Added 1977, No. 269 (Adj. Sess.), § 1; amended 2019, No. 131 (Adj. Sess.), § 120.

17 V.S.A. § 2356 Time for filing petitions

2356. Time for filing petitions (a) Primary petitions for major party candidates shall be filed not earlier than the fourth Monday in April and not later than 5:00 p.m. on the fourth Thursday after the first Monday in May preceding the primary election prescribed by section 2351 of this chapter, and not later than 5:00 p.m. of the 62nd day prior to the day of a special primary election. (b) A petition or statement of nomination shall apply only to the election cycle in which the petition or statement of nomination is filed. Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 19; 2003, No. 59, § 11; 2009, No. 73 (Adj. Sess.), § 4, eff. April 7, 2010; 2013, No. 161 (Adj. Sess.), § 16, eff. Jan. 1, 2016; 2017, No. 50, § 9.

17 V.S.A. § 2357 Place of filing petition

2357. Place of filing petition (a) Primary petitions and consent forms shall be filed as follows: (1) For State and congressional officers, with the Secretary of State; (2) For county officers with the county clerk; (3) For State Senator, with the senatorial district clerk; (4) For Representative to the General Assembly, with the representative district clerk. (b) The public official designated to accept a petition shall not accept a nominating petition unless a completed and signed consent form is filed at the same time. Added 1977, No. 269 (Adj. Sess.), § 1; amended 2007, No. 54, § 1.

17 V.S.A. § 2358 Examining petitions; supplementary petitions

2358. Examining petitions; supplementary petitions (a) The officer with whom primary petitions are filed shall examine them and ascertain whether they contain a sufficient number of legible signatures. The officer shall not attempt to ascertain whether there are a sufficient number of signatures of actual voters, however, unless the officer has reason to believe that the petitions are defective in this respect. (b) If found not to conform, the officer shall state in writing on a particular petition why it cannot be accepted, and within two business days from receipt, the officer shall return it to the candidate in whose behalf it was filed. In such case, supplementary petitions may be filed not later than 10 days after the date for filing petitions. However, supplementary petitions shall not be accepted if petitions with signatures of different persons totaling at least the required number were not received by the filing deadline. (c) A signature shall not count for the purpose of meeting the requirements of section 2355 of this title if the officer with whom primary petitions are filed: (1) cannot identify the name of the person who signed; or (2) if necessary, determines that the person is not on the checklist of the town that the person indicates as his or her town of residence. (d) An officer with whom primary petitions may be filed may obtain from the appropriate town clerks certified copies of current checklists as needed to verify the adequacy of primary petitions; town clerks who are asked by a filing officer to furnish certified copies of checklists for this purpose shall furnish the copies promptly and without charge. Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 20; 1985, No. 197 (Adj. Sess.), § 5; 2025, No. 70, § 23, eff. June 25, 2025.

17 V.S.A. § 2359 Notification to Secretary of State

2359. Notification to Secretary of State Within three days after the last day for filing petitions, all town and county clerks who have received petitions shall notify the Secretary of State of the names of all candidates, the offices for which they have filed, and whether each has submitted a sufficient number of valid signatures to comply with the requirements of section 2355 of this title. Town and county clerks shall also notify the Secretary of State of any petitions found not to conform to the requirements of this chapter and returned to a candidate under section 2358 of this title, and shall notify the Secretary of State of the status of such petition not later than two days after the last day for filing supplementary petitions. Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 21.

17 V.S.A. § 2360 Preservation of petitions

2360. Preservation of petitions The Secretary of State and county and town clerks shall retain the primary petitions filed with them until 30 days following the general election for which they were used, at which time they may be destroyed. Added 1977, No. 269 (Adj. Sess.), § 1.

17 V.S.A. § 2361 Consent of candidate

2361. Consent of candidate (a) A candidate for whom petitions containing sufficient valid signatures have been filed shall file with the official with whom the petitions were filed a consent to the printing of the candidate’s name on the ballot. The Secretary of State shall prepare and furnish forms for this purpose. (b)(1) The consent shall set forth the name of the candidate, as the candidate wishes to have it printed on the ballot, the candidate’s town of residence, and correct mailing address. (2) If a candidate wishes to use a nickname, the format on the ballot shall be the candidate’s first name, the nickname set off in quotations, and the candidate’s last name. (A) A nickname of one or two words by which the candidate has been commonly known for at least three years preceding the election may be used in combination with a candidate’s name. A nickname that constitutes a slogan or otherwise indicates a political, economic, social, or religious view or affiliation may not be used. (B) A nickname may not be used unless the candidate executes and files with the application for a place on the ballot an affidavit indicating that the nickname complies with this subsection. (3) Professional titles such as “Dr.,” “Esq.,” or “CPA” shall not be used as part of a candidate’s name on the ballot. (c) The consent shall be filed on or before the day petitions are due. Unless a consent is filed, the candidate’s name shall not be printed on the primary ballot. Added 1977, No. 269 (Adj. Sess.), § 1; amended 1985, No. 137 (Adj. Sess.), § 2; 2001, No. 83 (Adj. Sess.), § 1; 2003, No. 59, § 12; 2017, No. 50, § 10; 2021, No. 60, § 1, eff. June 7, 2021.

17 V.S.A. § 2362 Primary ballots

2362. Primary ballots (a) A separate ballot for each major political party shall be printed and furnished to the towns by the Secretary of State and shall contain the names of all candidates for nomination by that party at the primary. Ballots shall be printed on index stock and configured to be readable by vote tabulators. Ballots shall be printed in substantially the following form: OFFICIAL VERMONT PRIMARY ELECTION BALLOT VOTE ON ONE PARTY BALLOT ONLY AND PLACE IN BALLOT BOX OR VOTE TABULATOR ALL OTHER PARTY BALLOTS MUST BE PLACED IN UNVOTED BALLOT BOX ____________ [MAJOR POLITICAL PARTY NAME] ____________ Instructions to voters: Use black pen or pencil to fill in the oval. To vote for a person whose name is printed on the ballot, fill in the oval to the right of the name of that person. To vote for a person whose name is not printed on the ballot, write or stick his or her name in the blank space provided and fill in the oval to the right of the write-in space. Do not vote for more candidates than the “Vote for Not More Than” number for an office. If you make a mistake, tear, or deface the ballot, return it to an election official and obtain another ballot. Do not erase. (b) Following the names of candidates printed on the ballot after the name of each office to be filled shall be as many blank lines for write-in candidates as there are persons to be elected to that office. If no primary petition is filed for an office or for a candidate belonging to a party, the ballot shall contain the name of the office and blank lines for write-in candidates. Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 22; 2007, No. 54, § 2; 2013, No. 161 (Adj. Sess.), § 20; 2015, No. 30, § 4, eff. May 26, 2015; 2017, No. 50, § 11.

17 V.S.A. § 2368 Canvassing committee meetings

2368. Canvassing committee meetings After the primary election is conducted: (1) The canvassing committee for State and national offices and statewide public questions shall meet at 10:00 a.m. one week after the day of the election. (2) The canvassing committee for county offices, countywide public questions, and State Senator shall meet at 10:00 a.m. on the third day following the election. (3) The canvassing committees for local offices, local public questions, and State Representative shall meet at 10:00 a.m. on the day after the election, except that in the case of canvassing committees for State Representative in multi-town representative districts, the committees shall meet at 10:00 a.m. on the third day after the election. Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 24; 1985, No. 197 (Adj. Sess.), § 6; 2019, No. 67, § 10.

17 V.S.A. § 2369 Determining winner; tie votes

2369. Determining winner; tie votes (a) A person who receives a plurality of all the votes cast by a party in a primary shall be a candidate of that party for the office designated on the ballot. (b)(1) If, after the period for requesting a recount under section 2602 of this title has expired, no candidate has requested a recount and two or more candidates of the same party are tied for the same office, or if the results of any recount result in a tie, the choice among those tied shall be determined upon five days’ notice and not later than 10 days following the primary election by the committee of that party, which shall meet to nominate a candidate from among the tied candidates. The committee that nominates a candidate shall be as follows: (A) the State committee of a party for a State or congressional office; (B) the senatorial district committee for State Senate; (C) the county committee for county office; or (D) the representative district committee for a Representative to the General Assembly. (2) The committee chair shall certify the candidate nomination for the general election to the Secretary of State within 48 hours of the nomination. Added 1977, No. 269 (Adj. Sess.), § 1; amended 2009, No. 73 (Adj. Sess.), § 5, eff. April 7, 2010; 2013, No. 161 (Adj. Sess.), § 70; 2017, No. 50, § 13; 2019, No. 67, § 10.

17 V.S.A. § 2370 Write-in candidates

2370. Write-in candidates (a)(1) In order to have votes listed for a write-in candidate under section 2587 of this title, not later than 5:00 p.m. on the Thursday preceding the primary election, a write-in candidate for the General Assembly, any State office, or any federal office shall complete a form of the Secretary of State’s design affirming that the candidate wants to have received votes listed under subdivision 2587(e)(3) of this title. The candidate shall file the form with either all town clerks within the candidate’s applicable district or the Secretary of State’s office in an electronic manner approved by the Secretary. The Secretary of State shall notify the appropriate town clerks of any filings made in accordance with this subsection as soon as practicable. (2) Notwithstanding subdivision (1) of this subsection, a write-in candidate is not required to file if: (A) the candidate has already filed a consent to the printing of the candidate’s name on the ballot for a major political party, as provided in section 2361, 2385, or 2402 of this title; or (B) no candidate is printed on the ballot, or if a candidate whose name is printed on the ballot dies or is otherwise disqualified prior to 7:00 p.m. on the election day. (b) A write-in candidate shall not qualify as a primary winner unless the candidate receives at least one-half the number of votes as the number of signatures required for the candidate’s office on a primary petition, except that if a write-in candidate receives more votes than a candidate whose name is printed on the ballot, the write-in candidate shall qualify as a primary winner. (c) Before becoming the party’s candidate in the general election, the write-in candidate who qualifies as a primary winner under this section must: (1) still be determined a winner under section 2369 of this chapter; and (2) file a consent similar in form to the consent prescribed by sections 2361, 2385, and 2402 of this title with the Secretary of State. Added 1977, No. 269 (Adj. Sess.), § 1; amended 2013, No. 161 (Adj. Sess.), § 17; 2025, No. 70, § 9, eff. June 25, 2025.

17 V.S.A. § 2371 Nominees; notice to nominees

2371. Nominees; notice to nominees (a) The canvassing committee shall prepare and sign certificates of nomination and mail or deliver in person to each candidate nominated a notice of his or her nomination within two days after their meeting. On each certificate the canvassing committee shall indicate the name, town of residence, party affiliation, and mailing address of the candidate nominated. At the same time that they mail or deliver the certificates of nomination, the canvassing committees shall also file with the office of the Secretary of State a list showing the vote for each candidate of each party for each office. (b) Unless a person who is notified of being nominated withdraws the candidacy, the person’s name, residence, and party affiliation shall be printed upon the general election ballot in the same manner as they appear in the notice of nomination; provided, however, that within five days of the date of mailing or personal delivery a candidate may request that an error in the candidate’s name, residence, or party affiliation be corrected or that the candidate’s preference as to the candidate’s own name be used on the ballot. The candidate shall also have the right to make the choice as set forth in section 2474 of this title. Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 25; 1985, No. 197 (Adj. Sess.) § 1.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/17/049Fetched: 10/21/2026