Early or Absentee Voters

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

in effect

17 V.S.A. § 2531 Application for early voter absentee ballot

2531. Application for early voter absentee ballot (a) Deadline to file. (1)(A) A voter who expects to be an early or absentee voter, or an authorized person on behalf of such voter, may apply for an early voter absentee ballot until 5:00 p.m. or the closing of the town clerk’s office on the day preceding the election. (B) If a town clerk does not have regular office hours on the day before the election and his or her office will not otherwise be open on that day, an application may be filed until the closing of the clerk’s office on the last day that office has hours preceding the election. (2)(A) In cases of emergency, including unanticipated illness or injury, at his or her discretion the town clerk may accept a request for an absentee ballot after the deadline set forth in subdivision (1) of this subsection. (B) In such cases of emergency, the ballot may be mailed, electronically delivered, or delivered by two justices of the peace as set forth in subsection 2539(b) of this subchapter. (b) Place of filing. (1) All applications shall be filed with the town clerk of the town in which the early or absentee voter is registered to vote. (2) The town clerk shall file written applications and memoranda of verbal applications in his or her office, and shall retain the applications and memoranda for 90 days following the election, at which time they may be destroyed. (c) Australian ballot. Voting by early voter absentee ballot shall be allowed only in elections using the Australian ballot system. Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 64; 1993, No. 79, § 1; 2001, No. 6, § 3, eff. April 10, 2001; 2017, No. 50, § 26; 2019, No. 67, § 14.

17 V.S.A. § 2532 Authorized applicants; application form; duplicates

2532. Authorized applicants; application form; duplicates (a) Authorized applicants. (1) An early or absentee voter, or an authorized family member or health care provider acting in the voter’s behalf, may apply for an early voter absentee ballot by telephone, in person, or in writing. As used in this subsection, “family member” means a person’s spouse, children, brothers, sisters, parents, spouse’s parents, grandparents, and spouse’s grandparents. (2) Any other authorized person may apply in writing or in person; provided, however, that voter authorization to such a person shall not be given by response to a robotic phone call. (b) Form of application. (1) The application shall be in substantially the following form: REQUEST FOR EARLY VOTER ABSENTEE BALLOT Name of early or absentee voter: _________________________________________ Voter’s Town of Residence: _________________________________________ Current physical address (address where you reside): _________________________________________ _________________________________________ Telephone Number: ___________ Email Address: _______________________________________________________________________ Date: _________________________________________ I request early voter absentee ballot(s) for the election(s) checked below: (1) Annual Town Meeting; (2) All other local elections; (3) August Primary Election; (4) Presidential Primary (YOU MUST SELECT PARTY); (5) November General Election; (6) All elections in this calendar year. Please deliver the ballot(s) as indicated below (check one): (1) Mail to voter at: _________________________________________ Street or P.O. Box Town/City State Zip Code (2) Delivery by two Justices of the Peace (this may only be selected if you are ill, injured, or have a disability). If applicant is other than early or absentee voter: Name of applicant: _________________________________________ Address of applicant: _________________________________________ Relationship to early or absentee voter: _________________________________________ Organization, if applicable: _________________________________________ Date: _________________________________________ Signature of applicant: _________________________________________ (2) If the application is made by telephone or in writing, the information supplied shall be in substantial conformance with the information requested on this form. (c) Simultaneous voter registration. (1) If a person makes a simultaneous request to register to vote and to apply for an early voter absentee ballot or if the request for an early voter absentee ballot is made for a person who is not yet registered and the town clerk receives the request prior to the deadline to apply for early voter absentee ballots set forth in section 2531 of this subchapter, the town clerk shall mail a blank voter registration application, together with a full set of early voter absentee ballots, to that person. (2) An official federal postcard application shall suffice as a simultaneous application to register to vote and for an early voter absentee ballot. (3)(A) All voter registration applications that are returned to the town clerk before the close of the polls on election day shall be considered and acted upon by the board of civil authority before the ballots are counted. (B) If the voter registration application is approved and the voter’s name added to the checklist, the early voter absentee ballots cast by that voter shall be treated as other valid early voter absentee ballots. (d) Application time frame. (1) An application for an early voter absentee ballot shall be valid for the elections or the time frame specified by the applicant. (2) A single application shall only be valid for any elections within the same calendar year. (e) Duplicate early voter absentee ballots. (1)(A) The town clerk may, upon application, issue a duplicate early voter absentee ballot if the original ballot is lost or not received by the voter within a reasonable period of time after it is mailed to the voter by the town clerk or by the Secretary of State’s office pursuant to section 2537a of this subchapter. (B) The application may be made by a person entitled to apply for an early voter absentee ballot under subsection (a) of this section and shall be accompanied by a sworn statement affirming that the voter has not received the original ballot. (2) If a duplicate early voter absentee ballot is issued and both the duplicate and original early voter absentee ballots are received before the close of the polls on election day, the ballot that is received first by the town clerk shall be counted and the Elections Division of the Secretary of State’s office shall be notified. (f) Unauthorized applicants. (1) Any person who applies for an early voter absentee ballot knowing the person is without authorization from the early or absentee voter shall be fined not more than $100.00 per violation for the first three violations, not more than $500.00 per violation for the fourth through ninth violations, and not more than $1,000.00 per violation for the tenth and subsequent violations. (2) The Attorney General or a State’s Attorney, whenever he or she has reason to believe any person to be or to have been in violation of this provision, shall conduct a civil investigation in accordance with the procedures set forth in section 2904 of this title. Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 65; 1981, No. 239 (Adj. Sess.), § 31; 1985, No. 197 (Adj. Sess.), § 4; 1985, No. 198 (Adj. Sess.), §§ 3, 11, 12; 1989, No. 200 (Adj. Sess.), § 3; 1993, No. 80, § 1; 2001, No. 6, § 4, eff. April 10, 2001; 2001, No. 83 (Adj. Sess.), § 6; 2003, No. 94 (Adj. Sess.), § 4; 2007, No. 72, § 2; 2013, No. 161 (Adj. Sess.), § 35; 2015, No. 30, § 13, eff. May 26, 2015; 2015, No. 44, § 10, eff. Jan. 1, 2017; 2017, No. 50, § 27; 2019, No. 67, § 14; 2021, No. 60, § 4, eff. June 7, 2021.

17 V.S.A. § 2532a Mobile polling stations

2532a. Mobile polling stations Notwithstanding any other provision of this chapter to the contrary, the Secretary of State may authorize a town clerk to establish a mobile polling station at which two or more election officials who are not all members of the same political party shall make absentee ballots available. The town clerk shall notify the public of the mobile polling station three days prior to operation by posting at the town clerk’s office and at the mobile polling station site the date and hours that the mobile polling station will operate. The Secretary of State shall establish procedures that ensure that: (1) prior to distributing a ballot, the election officials shall verify that the voter’s name is on the town checklist or will register the individual to vote if he or she is not registered and is qualified to vote in the town. The election officials shall make a list of the names of each voter who has voted at the mobile polling site; (2) each voter shall place his or her ballot in an early absentee ballot envelope, seal and sign the certificate, and return the ballot envelope to the election officials; (3) upon the closure of the mobile polling place, the election officials shall immediately return the ballot envelopes, list of names, and any unvoted ballots to the town clerk who shall add each voter’s name to the list of early or absentee voters and commingle the envelopes with other returned early absentee ballot envelopes in the vault. Ballots that are returned along with a new voter registration form shall be kept in a secure place in the vault until the registration process has been completed and then processed as in this subdivision. Added 2007, No. 111 (Adj. Sess.), § 1.

17 V.S.A. § 2533 Notification of invalid application

2533. Notification of invalid application If the town clerk finds an application for an early or absentee voter ballot that has been submitted to him or her to be invalid or incomplete, he or she shall immediately notify the person making the application, either personally or by mail, stating the ground on which the same is found to be invalid. The application may be corrected but shall not be valid unless it is returned corrected to the clerk within the time allowed for submitting an original application. Added 1977, No. 269 (Adj. Sess.), § 1; amended 2001, No. 6, § 12(b), eff. April 10, 2001.

17 V.S.A. § 2534 List of early or absentee voters

2534. List of early or absentee voters (a) The Secretary of State shall make accessible for each primary election, presidential primary election, and general election a statewide list of voters who have requested an early voter absentee ballot. The list shall contain the State voter identification number, name, registration address, address the ballot was mailed to, and legislative district of each voter. (b) Upon receipt of the valid applications, the town clerk shall update the Secretary of State’s statewide list of early or absentee voters by a method approved by the Secretary of State. Added 1977, No. 269 (Adj. Sess.), § 1; amended 1985, No. 196 (Adj. Sess.), § 22; 1993, No. 79, § 2; 2001, No. 6, § 5, eff. April 10, 2001; 2013, No. 161 (Adj. Sess.), § 36, eff. July 1, 2015.

17 V.S.A. § 2535 Form of early voter absentee ballots and envelopes; federal or military requirements

2535. Form of early voter absentee ballots and envelopes; federal or military requirements (a) Early voter absentee ballots shall be the same as the official ballots to be used at the election. (b) If necessary, special ballots may be prepared to conform with minimum federal or military regulations and orders covering the transportation of such ballots, provided that the text is identical in substance, except as to type size, with that appearing on the official ballots. (c) Envelopes, including return envelopes, containing early voter absentee ballots may, as circumstances require, be particularly imprinted, stamped, or superscribed with approved identification words or symbols designating the same as “Vermont Official Early or Absentee Voter Ballot” and with such additional words or devices as are necessary to comply with any censorship regulations or rules that may be in effect at the time of mailing. Added 1977, No. 269 (Adj. Sess.), § 1; amended 2001, No. 6, § 12(a), (b), eff. April 10, 2001; 2013, No. 161 (Adj. Sess.), § 29.

17 V.S.A. § 2536 Furnishing early voter absentee ballot envelopes

2536. Furnishing early voter absentee ballot envelopes Upon request, for any statewide primary, presidential primary, or general election, the Secretary of State shall furnish the envelopes prescribed in sections 2535 and 2542 of this title to town clerks in such numbers as they request. The cost of absentee ballot envelopes for local elections shall be borne by the municipality. Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 66; 2001, No. 6, § 6, eff. April 10, 2001; 2021, No. 60, § 5, eff. June 7, 2021.

17 V.S.A. § 2537 Early or absentee voting in the town clerk’s office

2537. Early or absentee voting in the town clerk’s office (a)(1) A voter may, if he or she chooses, apply in person to the town clerk for the early voter absentee ballots and envelopes. (2) In this case, the clerk shall furnish the early voter absentee ballots and envelopes when a valid application has been made or at such time as the clerk receives the ballots, whichever comes first. (3) The voter may: (A) mark his or her ballots, place them in the envelope, sign the certificate, and return the ballots in the envelope containing the certificate to the town clerk or an assistant town clerk without leaving the office of the town clerk; (B) take the ballots and return them to the town clerk in the same manner as if the ballots had been received by mail; or (C) if the board of civil authority has voted to allow it pursuant to section 2546b of this subchapter, mark the ballots and deposit them directly into the vote tabulator or ballot box in accordance with section 2546b of this subchapter. (b) Except for justices of the peace as provided in section 2538 of this subchapter, a person shall not take any ballot from the town clerk on behalf of any other person. Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 67; 1993, No. 80, § 2; 2001, No. 6, § 7, eff. April 10, 2001; 2017, No. 50, § 28; 2019, No. 67, § 14; 2021, No. 60, § 6, eff. June 7, 2021.

17 V.S.A. § 2537a Mailing of general election ballots

2537a. Mailing of general election ballots (a) For every general election, the Secretary of State’s office shall mail a general election ballot to all active voters on the statewide voter checklist described in section 2154 of this title. (1) The mailing of the ballots shall commence not later than 43 days before the election and shall be completed not later than October 1. (2) A postage-paid return envelope, pre-addressed to the town or city clerk of the town or city where the voter is registered to vote, shall be included with the ballot sent to every voter in which the ballot may be mailed back to the clerk. All postage cost shall be paid by the Secretary of State’s office. (3) The address file to be used for the mailing shall be generated from the statewide voter checklist as close as practicable to the date of the mailing and in no case earlier than September 1. (4) The Secretary of State’s office shall include in the mailing to each voter instructions for return of the voted ballot. (b) General election ballots mailed by the Secretary of State’s office under this section shall be returned by the voter to the town or city clerk in the town or city where that voter is registered in accordance with the procedures for return of ballots described in this subchapter. Added 2021, No. 60, § 7, eff. June 7, 2021.

17 V.S.A. § 2538 Delivery of ballots by justices of the peace

2538. Delivery of ballots by justices of the peace (a)(1) In the case of persons who are early or absentee voters due to illness, injury, or disability, ballots shall be delivered in the following manner, unless the early or absentee voter has requested pursuant to section 2539 of this subchapter that the early voter absentee ballots be mailed or electronically delivered. (2) Not later than three days prior to the election, the board of civil authority or, upon request of the board, the town clerk, shall designate in pairs justices of the peace in numbers sufficient to deliver early voter absentee ballots to the applicants for early voter absentee ballots who have stated in their applications that they are unable to vote in person at the polling place due to illness, injury, or disability. A pair shall not consist of two justices from the same political party. (3) If there shall not be available a sufficient number of justices to make up the required number of pairs, a member of each remaining pair shall be designated by the board, to be selected from lists of registered voters submitted by the chairs of the town committees of political parties, and from among registered voters who in written application to the board state that they are not affiliated with any political party. (4) A candidate or spouse, parent, or child of a candidate shall not be eligible to perform the duties prescribed by this section unless the candidate involved is not disqualified by section 2456 of this chapter from serving as an election official. (5) The compensation of justices and voters designated under this subsection shall be fixed by the board of civil authority and shall be paid by the town. (6) The justices may, but shall not be required to, deliver ballots outside the town. (b)(1) The town clerk shall divide the list of applicants who have an illness, injury, or disability into approximately as many equal parts as there are pairs of justices so designated, having regard to the several parts of the town in which the applicants may be found. (2) As soon as early voter absentee ballots are available, the clerk shall deliver to each pair of justices one part of the list, together with early voter absentee ballots and envelopes for each applicant. (3) When justices receive ballots and envelopes prior to election day, they shall receive only the ballots and envelopes they are assigned to deliver on that day. (c)(1) Each pair of justices on the days they are assigned to deliver the ballots and envelopes shall call upon each of the early or absentee voters whose name appears on the part of the list furnished to them and shall deliver early voter absentee ballots and envelopes to each early or absentee voter. (2) The early or absentee voter shall then proceed to mark the ballots alone or in the presence of the justices, but without exhibiting them to the justices or to any other person, except that when the early or absentee voter is blind or physically unable to mark his or her ballots, they may be marked by one of the justices in full view of the other. Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 68; 1995, No. 95 (Adj. Sess.), § 3; 1997, No. 17, § 1; 2001, No. 6, § 12(a), (b), eff. April 10, 2001; 2013, No. 96 (Adj. Sess.), § 83; 2013, No. 161 (Adj. Sess.), § 37; 2019, No. 67, § 14.

17 V.S.A. § 2539 Delivery of early voter absentee ballots

2539. Delivery of early voter absentee ballots (a) Default; town office or mail. (1) Except as provided in subsections (b) and (c) of this section, unless the early or absentee voter votes in the town clerk’s office as set forth in section 2537 of this title, the town clerk shall provide to the early or absentee voter who comes to the town clerk’s office a complete set of early voter absentee ballots or mail a complete set of early voter absentee ballots to each early or absentee voter for whom a valid application has been filed. (2) Except as provided in subdivision (3) of this subsection, the early voter absentee ballots shall be mailed forthwith upon the filing of a valid application or upon the town clerk’s receipt of the necessary ballots, whichever is later. (3)(A) For any general election, if a voter transfers his or her registration from another town or city in the State following the mailing of ballots to all active voters by the Secretary of State’s office pursuant to section 2537a of this subchapter, before issuing an absentee ballot the clerk shall confirm the status of the ballot that was previously mailed to that voter by the Secretary of State and proceed as follows: (i) If the voter has voted and returned the ballot issued to the voter by the Secretary of State to the town in which the voter was previously registered, the voter shall not be issued a ballot nor be allowed to cast another ballot in the same general election and shall be registered following the election. (ii) If the voter did not receive or did not return the ballot that was previously sent to the voter by the Secretary of State, the voter may be issued another ballot for the general election if: (aa) the voter returned the unvoted ballot that was previously issued to the voter; or (bb) the voter signs an affidavit stating that the voter has not previously cast a ballot in that general election. (B) If a voter registers to vote for the first time in Vermont following the time when the Secretary of State’s office generated the address file to be used for the mailing of ballots to all active voters by the Secretary of State’s office, the clerk shall either issue a ballot to the voter in person at the time of registration or mail a ballot to the voter within three business days, provided the voter’s registration does not occur within five days of the election. If the clerk does not have ballots available at the time of registration, the clerk shall mail a ballot to the voter within three business days after obtaining ballots. (b) Voters who are ill, injured, or have a disability. In the case of persons who are early or absentee voters due to illness, injury, or disability, if the voter or authorized person requests in his or her application or otherwise that early voter absentee ballots be mailed or electronically delivered, the town clerk shall mail or electronically deliver the ballots; otherwise the ballots shall be delivered to the voter by justices of the peace as set forth in section 2538 of this subchapter. (c) Military or overseas voters. (1) Early voter absentee ballots for military or overseas voters shall be sent air mail, first class, postpaid when such service is available, or they may be electronically delivered when requested by the voter. (2)(A) The town clerk’s office shall be open on the 46th day before any election that includes a federal office and the town clerk shall send on or before that day all absentee ballots to any military or overseas voter who requested an early voter absentee ballot on or before that day. (B) On that day the town clerk shall complete any reporting requirements and any other responsibilities regarding the mailing of early voter absentee ballots to military or overseas voters, as directed by the Secretary of State. (3) As used in this section, “overseas voters” means a person who was last domiciled in Vermont before leaving the United States and now resides outside the United States. (d) Voters who participate in the Secretary of State’s Address Confidentiality Program. In the case of persons who participate in the address confidentiality program administered by the Secretary of State set forth in 15 V.S.A. § 1152, if the voter or authorized person requests in the application or otherwise that early voter absentee ballots be mailed or electronically delivered, the town clerk shall mail or electronically deliver the ballots. Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 69; 2001, No. 6, § 8, eff. April 10, 2001; 2013, No. 96 (Adj. Sess.), § 222; 2013, No. 161 (Adj. Sess.), § 38; 2019, No. 67, § 14; 2021, No. 60, § 8, eff. June 7, 2021; 2025, No. 70, § 7, eff. June 25, 2025.

17 V.S.A. § 2541 Marking of ballots

2541. Marking of ballots (a) An early or absentee voter to whom ballots, envelopes, and instructions are mailed shall mark the ballots in accordance with the instructions. (b) A person who gives assistance to a voter in the marking or registering of ballots shall not in any way divulge any information regarding the choice of the voter or the manner in which the voter’s ballot was cast. (c) If an early or absentee voter makes an error in marking a ballot, the voter may return that ballot by mail or in person to the town clerk and receive another ballot, consistent with the provisions of section 2568 of this chapter. Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 71; 2001, No. 6, § 9, eff. April 10, 2001; 2017, No. 50, § 30; 2019, No. 67, § 14.

17 V.S.A. § 2542 Signing certificate

2542. Signing certificate (a) There shall be printed on the face of the envelope provided for use in returning early voter absentee ballots a certificate in substantially the following form: “Early or Absentee Voter Ballots of __________ ” (print your name) I, ___________ , solemnly swear or affirm that I am a resident of the town (city) of _________ , State of Vermont, and that I am a legal voter in this town (city). _________________________________________ (your signature) (b) The early or absentee voter must sign the certificate on the outside of the envelope in order for the ballot to be valid. When an early or absentee voter is physically unable to sign his or her name, he or she may mark an “X” or take an oath swearing or affirming to the statement on the certificate. The officers who deliver the ballots shall witness the mark or oath and sign their names with a statement attesting to this fact on the envelope. Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 72; 1993, No. 80, § 3; 2001, No. 6, § 12(a), (b), eff. April 10, 2001; 2003, No. 59, § 28.

17 V.S.A. § 2543 Return of ballots

2543. Return of ballots (a) After marking the ballots and signing the certificate on the envelope, the early or absentee voter to whom the same are addressed shall return the ballots to the clerk of the town in which the voter is registered, in the manner prescribed, except that in the case of a voter to whom ballots are delivered by justices, the ballots shall be returned to the justices calling upon that voter, and they shall deliver them to the town clerk. (b) Once an early voter absentee ballot has been returned to the clerk in the envelope with the signed certificate, it shall be stored in a secure place and shall not be returned to the voter for any reason unless the ballot is deemed defective under subdivision 2546(a)(2) of this subchapter and the voter chooses to cure the defect and cast the ballot pursuant to subsection 2547(d) of this subchapter. (c) If a ballot includes more than one page, the early or absentee voter need only return the page upon which the voter has marked his or her vote. (d)(1) All early voter absentee ballots returned as follows shall be counted: (A) by any means, to the town clerk’s office before the close of business on the day preceding the election; (B) to any secure ballot drop box provided by the town or city in which the voter is registered pursuant to section 2543a of this subchapter before the close of business on the day before the election; (C) by mail to the town clerk’s office before the close of the polls on the day of the election; and (D) by hand delivery to the presiding officer at the voter’s polling place before the closing of the polls at 7:00 p.m. (2) An early voter absentee ballot returned in a manner other than those set forth in subdivision (1) of this subsection shall not be counted. (e) A candidate whose name appears on the ballot for that election, or a paid campaign staff member of any such candidate, may not return a ballot to the town clerk or to a secure ballot drop box, unless that candidate or paid campaign staff member: (1) is returning the candidate’s or paid campaign staff member’s own ballot; (2) is returning the ballot of an immediate family member, as defined in section 2532 of this title, including a person’s spouse, children, brothers, sisters, parents, spouse’s parents, grandparents, and spouse’s grandparents, who has requested the candidate’s or paid campaign staff member’s assistance with the return of that ballot; (3) is returning the ballot of a voter for whom the candidate or paid campaign staff member is a caretaker, and who has requested the candidate’s or paid campaign staff member’s assistance with the return of that ballot; or (4) is a justice of the peace performing his or her official duties pursuant to section 2538 of this title. (f) No individual may return more than 25 ballots to the town clerk or to a secure ballot drop box unless the individual is a justice of the peace performing his or her official duties pursuant to section 2538 of this title. (g) The clerk or other local election official accepting the return of ballots shall not be required to enforce the provisions of subsections (e) and (f) of this section but shall report any suspected violations to the Secretary of State’s office, which shall refer them to the Attorney General’s office for investigation. Individuals violating this section may be subject to penalties pursuant to section 2017 of this title. Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 73; 2001, No. 6, § 10, eff. April 10, 2001; 2017, No. 50, § 31; 2021, No. 60, § 10, eff. June 7, 2021.

17 V.S.A. § 2543a Provision of secure ballot drop boxes

2543a. Provision of secure ballot drop boxes (a) A board of civil authority may vote to install one or more secure outdoor ballot drop boxes (drop boxes) for the return of voted ballots. (b) Drop boxes shall be located on municipal property. If a town has only one drop box, it shall be located on the property of the municipal clerk’s office. (c) Drop boxes shall allow for the return of ballots by voters at any time of day and must be available for the return of ballots not later than 43 days before the election. (d) Drop boxes shall be installed and maintained in accordance with guidance issued by the Secretary of State’s office. At a minimum, drop boxes shall: (1) be affixed to a foundation or other immovable object such that they cannot be removed without being tampered with; (2) be under 24-hour video surveillance or in the alternative be within sight of the municipal building; (3) be constructed in such a manner that it is impossible to remove the ballots without the ballot box being tampered with; and (4) be able to be closed such that ballots may not be deposited once the deadline for deposit has passed. (e)(1) Ballots may be deposited in the drop boxes until the close of business on the day before the election. At the close of business, the drop box shall be closed and instructions affixed to the drop box instructing the voter to return the voter’s voted ballot to the polling place on the day of the election. (2) Notwithstanding subdivision (1) of this subsection, a board of civil authority may vote to allow ballots to be deposited in the drop boxes until not later than the closing of the polls on election day. (f) The Secretary of State’s office shall provide drop boxes to a town or city upon request following a vote of the board of civil authority. The maximum number of drop boxes that the Secretary of State’s office shall provide in any town or city shall be as follows: (1) up to 5,000 registered voters, one; (2) between 5,000 and 10,000 registered voters, two; (3) between 10,000 and 15,000 registered voters, three; (4) between 15,000 and 20,000 registered voters, four; and (5) over 20,000 registered voters, five. (6) A town or city may have a number of secure drop boxes equal to the number of representative districts in that town or city, with one drop box located in each district, if that number is greater than the number allowed based on that town or city’s number of registered voters in subdivisions (1)-(5) of this subsection. If there is not suitable municipal property for the location of a secure drop box in the area covered by a certain district in the town or city, an alternative location may be used with the approval of the Secretary of State’s office. Added 2021, No. 60, § 11, eff. June 7, 2021.

17 V.S.A. § 2546 Receipt of ballots by clerk; voter status; opportunity to cure; processing absentee ballots

2546. Receipt of ballots by clerk; voter status; opportunity to cure; processing absentee ballots (a) Town clerk; process generally. Beginning 45 days before the opening of the polls on election day, upon receipt of a mailing envelope containing ballots returned by a voter, the town clerk shall, within three business days or on the next day the office is open for business, whichever is later, direct two election officials working together to do all of the following: (1) open the mailing envelope and sort early voter absentee ballots by ward and district, if necessary; and (2) determine that the certificate has been signed, the voted ballot was placed in the certificate envelope, and the ballot is not defective for any other reason pursuant to section 2547 of this subchapter. (A) If the ballot is not deemed defective, the clerk shall check the name of the early voter off the entrance checklist and record the ballot as received and accepted in the online election management system, and: (i) place the certificate envelopes into a secure container marked “checked in early voter absentee ballots” to be transported to the polling places on election day; or (ii) open the certificate envelope and place the voted ballot in the ballot box or tabulator in accordance with the procedures contained in section 2546a of this subchapter. (B) If the ballot is deemed defective, the clerk shall: (i) Check the name of the early voter off the entrance checklist and record the ballot as received and defective in the online election management system. (ii) Place the ballot in the defective ballot envelope in accordance with the procedures of subdivisions 2547(b)(1)-(3) of this subchapter. (iii) Not later than the next business day transmit a notice, with information required by the Secretary of State’s office, to the voter informing the voter that the voter’s ballot was deemed defective and rejected, the reason it was deemed defective, and the voter’s opportunity to correct the error pursuant to subsection 2547(d) of this subchapter. If the ballot was deemed defective because the voter failed to sign the return certificate, to place the voted ballot in the certificate envelope, or did not return their unvoted primary ballots in the unvoted ballot envelope, the clerk shall include a returnable affidavit, designed and provided by the Secretary of State’s office, with the notice so the voter may cure the deficiency in accordance with subdivision 2547(d)(1)(C) of this subchapter. (b) Notice to voters. Beginning five business days preceding the election, the clerk is not required to mail a notice to those voters whose ballots have been deemed defective. In these cases, the clerk shall make a reasonable effort to provide notice to the voter as soon as possible using any contact information for the voter, other than the mailing address, that is contained in the voter checklist and shall record the ballot as defective in the online election management system not later than 24 hours after the ballot is deemed defective. (c) Processing absentee ballots on election day. If the certificate envelopes have not been opened and the voted ballots placed in the ballot box or tabulator, the town clerk or presiding officer shall deliver the unopened early voter absentee ballots to the election officials at the place where the entrance checklist is located. During the polling hours on election day, at the direction of the presiding officer, at least two election officials shall open the container marked “checked in early voter absentee ballots,” one election official shall open the certificate envelopes, turn the certificate side face down, and hand the envelope face down to a second election official, if possible from a different political party, who shall remove the ballots from the envelopes and deposit them in the ballot box or vote tabulator. If the early voter is a first-time voter who registered by mail or online, and if the proper identification has not been submitted before the closing of the polls, the ballot shall be treated as a provisional ballot, as provided in subchapter 6A of this chapter. (d) Commingling ballots. All early voter absentee ballots shall be commingled with the ballots of voters who have voted in person. Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 74; 2001, No. 6, § 12(a), (b), eff. April 10, 2001; 2003, No. 59, § 29; 2007, No. 54, § 8b; 2009, No. 70 (Adj. Sess.), § 1; 2013, No. 161 (Adj. Sess.), § 39; 2017, No. 50, § 32; 2021, No. 60, § 13, eff. June 7, 2021; 2023, No. 6, § 87, eff. July 1, 2023; 2023, No. 85 (Adj. Sess.), § 36, eff. July 1, 2024; 2025, No. 70, § 27, eff. June 25, 2025.

17 V.S.A. § 2546a Deposit of early voter absentee ballots in vote tabulator

2546a. Deposit of early voter absentee ballots in vote tabulator (a) Generally. Notwithstanding any provision of law to the contrary, the board of civil authority may vote to permit elections officials to deposit early voter absentee ballots that have been processed in accordance with subsection 2546(a) of this subchapter and have not been deemed defective into the vote tabulator or ballot box in accordance with the provisions of this section and any guidance issued by the Secretary of State. Any such depositing of ballots shall take place at the town clerk’s office during the 30 days preceding the election. (b) Notice. If a board of civil authority votes to deposit ballots as described in subsection (a) of this section, the process shall be conducted during normal business hours if practicable or, if conducting the process at a time other than normal business hours, notice of the date(s), time(s), and location of the processing shall be posted at the clerk’s office and two other public places at least three days in advance. (c) Officials. The town clerk and at least two other election officials, from different political parties to the extent practicable, shall be present for the inspection of the sealed certificate envelopes and the processing of the ballots described in this section. (d) Processing. The Secretary of State’s office shall issue detailed procedures for conducting the processing of early ballots into the vote tabulator or ballot box pursuant to this section. A town or city shall follow the procedures issued by the Secretary of State’s office for this purpose. (e) Rules. The Secretary of State may adopt rules to implement the provisions of this section. Added 2015, No. 80 (Adj. Sess.), § 7a, eff. Jan. 1, 2017; amended 2017, No. 50, § 33; 2021, No. 60, § 14, eff. June 7, 2021.

17 V.S.A. § 2546b Early voting in town clerk’s office; deposit into vote tabulator

2546b. Early voting in town clerk’s office; deposit into vote tabulator (a)(1) A board of civil authority may vote to permit its town’s registered early or absentee voters to vote in the town clerk’s office in the same manner as those voting on election day by marking their early voter absentee ballots and depositing them into a vote tabulator or secure ballot box. (2) If a board of civil authority votes to permit early voting as described in subdivision (1) of this subsection, the town’s process for conducting this early voting shall conform to the provisions of this section and to procedures that the Secretary of State shall adopt for this purpose. (b)(1) During business hours in the town clerk’s office, the secure ballot box or vote tabulator and ballot bin shall be in a secured area accessible only to election officials and voters. The vote tabulator unit shall be secured with an identifiable seal and the ballot box containing voted ballots shall remain locked at all times and secured with an identifiable seal. Neither seal shall be broken prior to the time of closing the polls on election day. (2) Once early voting has commenced in the town clerk’s office, the town clerk or designee shall certify each day in a record prepared for this purpose that the seals on the vote tabulator and secure ballot box are intact. (3) When an election official is not present or at times other than business hours, the secure ballot box or sealed vote tabulator and ballot bin shall be secured in the town clerk’s office vault. (4) The town clerk shall maintain a record of each early or absentee voter who voted in person in accordance with this section and shall mark these voters as having voted early in the clerk’s office in the online election management system. (c) On the day of the election: (1) The secure ballot box or sealed vote tabulator and ballot bin shall be transferred to the polling place on election day by two election officials and shall not be opened until the polls have closed on election day. (2) When the vote tabulator is turned on at the polling place, the town clerk shall verify that the number of ballots that the vote tabulator displays as having been counted matches the number of voters who deposited their early voter absentee ballots in the vote tabulator in accordance with this section and any early voter absentee ballots that were processed and deposited in the vote tabulator under section 2546a of this subchapter. (3) All early voter absentee ballots shall be commingled with those voted at the polls on election day prior to being examined for the purpose of identifying write-in votes. Added 2019, No. 67, § 14, eff. July 1, 2020; amended 2021, No. 60, § 15, eff. June 7, 2021.

17 V.S.A. § 2547 Defective ballots

2547. Defective ballots (a) If upon examination by the election officials it shall appear that any of the following defects is present, either the ballot or the unopened certificate envelope shall be marked “defective” and the ballot shall not be counted: (1) the identity of the early or absentee voter cannot be determined; (2) the early or absentee voter is not legally qualified to vote; (3) the early or absentee voter has voted in person or previously returned a ballot in the same election; (4) the certificate is not signed; (5) the voted ballot is not in the certificate envelope; or (6) in the case of a primary vote, the early or absentee voter has failed to return the unvoted primary ballots. (b) Each defective ballot or unopened certificate envelope shall be: (1) affixed with a note from the presiding officer indicating the reason it was determined to be defective; and (2) placed with other defective ballots in an envelope marked “Defective Ballots — Voter Checked Off Checklist — Do Not Count.” (c) The provisions of this section shall be indicated prominently in the early or absentee voter material prepared by the Secretary of State. (d)(1) If a ballot is deemed defective, the voter shall be notified of the defect in accordance with the provisions of subdivision 2546(a)(2)(B) of this subchapter. Upon notification, the voter may cure the defect until the closing of the polls on election day by: (A) correcting the defect or submitting a new absentee ballot in person at the clerk’s office or at the polling place on election day; (B) requesting a new ballot be mailed to them by the clerk along with materials for submission of the new ballot, provided the new ballot is received by the presiding officer or other sworn election official prior to the closing of the polls; or (C) for a voter who failed to sign the certificate envelope, failed to place the voted ballot in the certificate envelope, or did not return their unvoted primary ballots in the unvoted ballot envelope, returning the signed affidavit included in the notice under subdivision 2546(a)(2)(B)(iii) of this subchapter either by mail, in person, or electronically, provided the affidavit is received by the presiding officer or other sworn election official prior to the closing of the polls if returned in person or by mail or prior to the close of business on the day before the election if returned electronically. (2)(A) If a voter corrects the defect in accordance with subdivision (1)(A) or (1)(C) of this subsection (d), the clerk shall update the status of the ballot to “received — accepted” in the online election management system. (B) If a voter corrects the defect by requesting a new ballot be mailed to them under subdivision (1)(B) of this subsection (d), the clerk shall enter a second absentee ballot request and issue date for that voter in the online election management system. (3) The same voter may cure a ballot deemed defective not more than twice for any single election. Added 1977, No. 269 (Adj. Sess.), § 1; amended 1985, No. 196 (Adj. Sess.), § 6; 2001, No. 6, § 11, eff. April 10, 2001; 2015, No. 30, § 14, eff. May 26, 2015; 2017, No. 50, § 34; 2019, No. 67, § 14; 2021, No. 60, § 16, eff. June 7, 2021; 2025, No. 91 (Adj. Sess.), § 62, eff. Apr. 30, 2026.

17 V.S.A. § 2548 Voting in person

2548. Voting in person (a) Prior to the opening of the polls, the municipal clerk shall provide the election officials of each polling place with a list of the names of all persons who have voted early in the clerk’s office or marked and returned early voter absentee ballots, and these persons shall not thereafter vote in person in the same election. (b)(1) A voter who has been issued an early ballot, either by the Secretary of State’s office pursuant to section 2537a of this subchapter or otherwise by the town clerk, but who has not returned the voter’s voted ballot to the clerk, may vote in person at the polling place on election day. (3) If the voter brings the marked ballot, but it is not enclosed in the certificate envelope, the voter shall be marked off the checklist and be allowed to cast that ballot into the secure ballot box or tabulator in the same manner as other voters who are voting in the polling place. The clerk shall record the voter as having voted in person on election day in the online election management system. (4) If the voter brings the unmarked ballot, the voter shall be marked off the checklist and allowed to proceed to a voting booth to mark that ballot and cast it into the ballot box or tabulator in the same manner as other voters who are voting in the polling place. The presiding officer may choose to provide the voter with a new ballot in exchange for the unvoted ballot that the voter brought to the polls. The clerk shall record the voter as having voted in person on election day in the online election management system. (5) If the voter does not bring a marked or an unmarked ballot to the polls, the voter shall be required to sign an affidavit that the voter has not previously cast a ballot in the election and only then shall the voter be checked off the checklist and allowed to vote in the same manner as all other voters who are voting at the polling place. The clerk shall record the voter as having voted in person on election day in the online election management system. Any affidavits signed by voters at the polling place pursuant to this section shall be retained for a period of 90 days following the election. Added 1977, No. 269 (Adj. Sess.), § 1; amended 2001, No. 6, § 12(a), (b), eff. April 10, 2001; 2007, No. 54, § 8c; 2017, No. 50, § 35; 2021, No. 60, § 17, eff. June 7, 2021; 2025, No. 91 (Adj. Sess.), § 63, eff. Apr. 30, 2026.

17 V.S.A. § 2549 Use of federal war ballot

2549. Use of federal war ballot In addition to and supplementing the provisions of this title, the provisions of any federal statute for a federal war ballot and for procedures affecting and facilitating voting by members of the military service of the United States are hereby authorized for use in this State. Added 1977, No. 269 (Adj. Sess.), § 1.

17 V.S.A. § 2550 Early or absentee voters deemed “present and voting”

2550. Early or absentee voters deemed “present and voting” A voter voting by early voter absentee ballot shall be deemed as “present and voting,” for purposes of any provision in which the phrase “present and voting” is used in the Vermont Statutes Annotated or in the acts of the General Assembly. Added 1977, No. 269 (Adj. Sess.), § 1; amended 2001, No. 6, § 12(a), (b), eff. April 10, 2001.

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