Provisional Voting and Voter Affirmation

V.S.A. tit. 17, ch. 51, subch. 6A

in effect

17 V.S.A. § 2555 Provisional ballot envelopes

2555. Provisional ballot envelopes The clerk shall deliver to each polling place on the date of the election a sufficient number of provisional ballot envelopes printed with a voter attestation. The attestation shall include: (1) A statement informing the applicant of the requirements for voter eligibility set forth in section 2121 of this title and space for the provisional voter to provide the information necessary for the town clerk to determine eligibility, including a place for the applicant to swear or affirm, by checking the appropriate box, that he or she meets all voter eligibility requirements set forth in section 2121 of this title and the signature of the provisional voter signed under penalty of perjury. In addition, the attestation shall include the following information: (A) The provisional voter’s place and date of birth. (B) The provisional voter’s town of legal residence. (C) The provisional voter’s street address or a description of the physical location of the applicant’s residence. The description must contain sufficient information so that the town clerk can determine whether the applicant is a resident of the town. (2) An attestation by the provisional voter that he or she submitted a properly completed voter application form. The attestation shall be signed by the provisional voter under penalty of perjury. (3) Space on the application for documentation of the town clerk’s action. (4) A statement informing the provisional voter: “If you choose to vote by provisional ballot, after the close of the polls, the town clerk will determine whether you meet all eligibility requirements. If the clerk denies your application, he or she will inform you that the application has been denied.” Added 2003, No. 59, § 30, eff. June 7, 2003; amended 2015, No. 44, § 11, eff. Jan. 1, 2017; 2017, No. 50, § 36.

17 V.S.A. § 2556 Provisional voting

2556. Provisional voting (a) If an individual’s name does not appear on the checklist and the individual claims to have submitted an application for the checklist and refuses to complete a new application in accordance with subdivision 2563(2) of this chapter, or if the individual’s registration application has been rejected and the individual disputes that rejection, the election official shall allow the individual to vote provisionally. (b) The provisional voter shall be given a ballot and an envelope with an attestation printed upon it, as described in section 2555 of this title, and shall complete the attestation on the envelope. Upon completion, the provisional voter shall seal the envelope and deposit it in a ballot box marked for the receipt of provisional ballots. (c) A provisional voter who makes a false statement in completing the attestation, knowing the statement to be false, shall be subject to the penalties of perjury as provided in 13 V.S.A. chapter 65. Added 2003, No. 59, § 30, eff. June 7, 2003; amended 2007, No. 54, § 9; 2015, No. 44, § 12, eff. Jan. 1, 2017.

17 V.S.A. § 2557 Town clerk approval of provisional voter attestation

2557. Town clerk approval of provisional voter attestation (a) The town clerk may make any investigation as the clerk deems proper to verify any fact stated in the application. In making the determination whether to accept the provisional voter’s attestation, the town clerk shall determine whether the applicant meets all of the registration eligibility requirements. However, the town clerk may not require a provisional voter to complete any form other than that approved under section 2555 of this title; nor may the board of civil authority require all provisional voters or any particular class or group of provisional voters to appear personally before a meeting of the board or routinely or as a matter of policy require provisional voters to submit additional information to verify or otherwise support the information contained in the attestation. (b) Within two days after the close of the polls, the town clerk shall inform each provisional voter of his or her action on a provisional voter’s attestation. If the clerk rejects a provisional voter, the clerk shall also notify the provisional voter immediately of his or her reasons by first-class mail directed to the address given in the application. (c) When the town clerk approves a provisional voter’s attestation, the town clerk shall note his or her approval in the space provided on the envelope, photocopy the affidavit from all provisional envelopes, place all provisional envelopes with the official return of vote, and send all information to the Secretary of State in a manner prescribed by the Secretary. (d) Upon receipt of the official return of vote that contains provisional envelopes from any town clerk, the Secretary shall open all envelopes that were approved by the municipal clerk, deposit the ballot in a ballot box, and count all approved ballots, adding the totals to the statewide count for federal offices. Added 2003, No. 59, § 30, eff. June 7, 2003; amended 2025, No. 91 (Adj. Sess.), § 64, eff. Apr. 30, 2026.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/17/051Fetched: 10/21/2026