A Message from the Secretary

Vol. 14, #4 April 2012 page 1 Election Night Reporting and Reviewing Voter Checklists! page 2 Paper Records page 5 High School Voter Registration Week Quote of the Month Nobody will ever deprive the American people of the right to vote except the American people themselves and the only way they could do this is by not voting. --Franklin D. Roosevelt A Message from the Secretary I welcome all of our new local officials and welcome back those who continue to serve our towns and cities. Opinions is published each month to provide timely information and reminders to assist you as you carry out your municipal responsibilities. Our office does not issue rulings and our office has no authority over municipal officials. However, this office has traditionally tried to provide advice and guidance to municipal officials and citizens regarding municipal questions. I also extend a hearty THANK YOU to Vermont s hard-working Town/City Clerks who voluntarily participated in our online Election Night Reporting pilot. Seventy-eight percent of the clerks took the time after a long election day to enter their Presidential Primary Results online. On the http://vtelectionresults.com website, media, candidates, and citizens could view the results by town/city using either excel type files or on a color coded map. Based on feedback from the town clerks and the public, we will bemaking improvements to ease data entry and the display viewing of results to the public. We are planning another Election Night Reporting pilot for the August 28 Statewide Primary. As we move into April and then on to the November 6, 2012 Presidential General Election, voter registration drives organized by political parties, national and in-state candidates, and others will drive a steady increase in voter registration applications. At this time, we ask that town clerks and Boards of Civil Authority exercise their responsibilities to properly maintain their voter registration checklist. Between now and May 27, I encourage election officials in each town to carefully review their voter registration checklist, send challenge letters to voters who the board believes may have moved away from your jurisdiction (unless the voter is military or living overseas as federal law requires them to stay on the checklist until they return to the United States). In this Issue Quote of the Month... 1 Voice From the Vault... 2 Opinions of Opinions...3 Civics Behind the Scenes... 5 Elections Calendar... 6 Elections Calendar, cont'... 7 If you have any voters in the inactive/challenged status, make sure those voters who did not respond to the challenge letter AND who have not voted in two subsequent general elections have been removed to the purged category. Federal agencies monitor compliance with these important tasks. Compliance is also very reassuring to voters who fear that someone may try to vote for a dead person or who is no longer qualified to vote in your jurisdiction. If you have questions or need assistance with voter registration checklist maintenance, please email or call the Elections Division. Sincerely, James C. Condos Secretary of State 128 State Street, Montpelier, VT 05633-1101 800-439-8683 www.sec.state.vt.us

Voice from the Vault by Gregory Sanford, State Archivist The Paper Server Almost invariably first time visitors to the state records center make reference to the last scene of Raiders of the Lost Ark: a giant government warehouse where records are being stacked by forklifts. It is an understandable reference as visitors survey row after row of shelving holding almost 100,000 boxes of Vermont public records. Forklifts constantly move through the aisles as records center staff add, retrieve, re-file or remove boxes and files. The second most common visitor reaction is, why don t you just scan everything? This is also an understandable observation given our unending faith that technology, by itself, is a solution to everything. I find it, however, a tad depressing. Let me explain. The records center provides low cost, temporary storage for public records with diminishing legal and administrative values. Since 2008 the records center has been administered by the Vermont State Archives and Records Administration (VSARA). By statute it is used to hold inactive records in accordance with records schedules approved by the state archivist (3 V.S.A. 117(g)(5)). The records center differs from the archival vaults in two ways: 1) records in the center remain under the legal custody of their creating agency and b) the center is only for temporary storage. The record schedules determine how long the records remain in the center before destruction, or, for a small subset, transfer to the archives. That is the law; past practice reveals a different reality. Our record analysts are auditing the records in the center with some fascinating results. There are, for example, records in the center dating back to the 18th Century, suggesting a rather elastic definition of temporary. Other boxes date back to the Thirties, Forties, and Fifties. More disturbing is the discovery that over 50% of the records have indefinite or unknown retention periods. Among the causes for this are: in the past, records that lacked a disposition order were accepted. Some records were once transferred for microfilming but the microfilm program ended in 2009 leaving those records in limbo. Some agencies are so uncertain of what they have here they put holds on their records preventing their destruction. Agency moves, consolidations, or dislocations (think Irene) often create pressure to accept records with no or antiquated schedules. Consequently, for decades more records have come into the center than have gone out. That is why the State, since the 1940s, has had to keep building, moving or expanding the records center to accommodate burgeoning volumes of records. I use the term record loosely since some record media are not managed by their creating agencies. Their information may become irretrievable before their disposition dates are reached (including possible transfer to archival custody). These record media include analog tapes dating back to the 1970s, a growing number of CDs, and even old data punch cards. The audit gives us a much better view of what is in the center and allows better planning. Clearly having more than 50% of the records without active dispositions is unacceptable, especially since only about 3% of our shelving is open at any given time. continued on page 4... 2 Opinions Vol. 14,#4

Opinions of Opinions by Secretary of State Jim Condos 1. As tax appeal time nears, remember that on appeals from the listers decision to the Board of Civil Authority, the BCA may increase, decrease or sustain the appraisal. (32 V.S.A. 4409) Once the taxpayer raises the issue of the property s valuation, the BCA must make findings to support what the BCA believes to be the correct valuation of the property, even if that is an increase. The same is true for further appeals to the State Board of Appraisers or the Superior Court. 2. If a taxpayer succeeds on appeal, and it is determined that he or she has been over assessed, then the taxpayer is entitled to a credit from the municipality, and if the municipality has voted to collect interest on delinquent taxes, then he or she must be repaid interest at the same rate. (32 V.S.A. 4469, 5136(b)) A municipality can choose to pay the taxpayer in a lump sum, but the statute only mandates a credit. 3. A lister can be a Justice of the Peace, but a lister/justice of the Peace cannot participate in tax appeal hearings. Many small towns have difficulty finding different persons to serve in various offices. It is legally permissible (i.e., there is no statutory conflict or prohibition) for a person to be elected as a lister and as a Justice of the Peace. The lister can take an active role in election duties, except when the person is in a contested race for his lister office. However, the lister cannot sit on the BCA for the purposes of tax appeals because the appeal is from the listers determination of value. 4. The time for dog licensing and tags is here. Just a brief reminder that the dog must wear the license tag required by the Vermont Statutes, and that is sufficient proof that the dog has been vaccinated for rabies. An additional rabies tag is not required. 20 V.S.A. 3581(a) 5. While 17 V.S.A. 2661 provides a method for reconsideration of public questions and budgets, the election of officers cannot be reconsidered by filing a petition with the legislative body. The only way to challenge or contest an election of an officer is to file a petition with the appropriate Superior Court. 17 V.S.A. 2603. The petition must allege errors sufficient to change the outcome of the election, fraud in the process sufficient to change the result, or that for any other reason, the election is not valid. 6. The legislative body must call a special meeting within 60 days of the submission of petitions to reconsider if they are properly filed. (17 V.S.A. 2661) We hope that town, school, and union school officials will all coordinate the setting of special meeting dates to minimize voter confusion. 7. Although the law does not speak directly to requesting absentee ballots for reconsideration of an article by Australian ballot, we suggest that fairness dictates that the Town Clerk send absentee ballots for the reconsideration to all voters who had requested absentee ballots for Town Meeting. A reconsideration vote is really an extension of that Town meeting, and we believe that absent voters should continue to participate. 8. Oaths must be taken by town clerks, selectboard members, constables, listers, grand jurors and fence viewers before entering upon their official duties. (24 V.S.A. 831) A record shall be made by the town clerk. School Board members must also take the oath of office. Vermont Constitution, Chapter II, section 56. Oaths can be found at the following link: vermont-elections.org/elections1/town_clerks_movie.html continued on page 4... Office of the Vermont Secretary of State 3

Opinions on Opinions, continued from page 3... 9. The town clerk must also file a certificate of election with the county clerk. (24 V.S.A. 1151) If elected at an open town meeting (from the floor), then the moderator shall sign the certificate; if elected by Australian ballot, the chair of the BCA shall sign the certificate. 10. Oaths can be administered by a notary public. (24 V.S.A. 445) In addition to court clerks, justices of the peace, town clerks and assistant town clerks are ex officio notaries public and therefore they can administer oaths. Ex officio notaries public need to file a copy of his or her certificate of appointment with the County Clerk; however, ex officio notaries public do not need to pay the fee. 11. If an annual meeting is adjourned to a date certain to continue the meeting, the adjourned session can only include completion of voting and discussion of articles which were in the original warning. New articles cannot be added during the recess. The adjourned session is a continuation of the original meeting. If the deadline for posting of the warning has passed, and your board has thought of another article which you want voted, you will need to either warn a special meeting or save it for next year. In our monthly Opinions, we provide what we believe the law requires based upon our legal judgment, years of observing Vermont's local government practices, and Vermont Court decisions. This information is intended as a reference guide only and should not replace the advice of legal counsel. Voices from the Vault, continued from page 2... We are no longer accepting records from agencies that don t have active record schedules; put their records on hold; or otherwise fail to manage them. We will be working with agencies whose records were once filmed to determine valid retention periods. Some agencies have begun to apply new schedules to their records, freeing up space either by destroying records without legal or administrative value or, if qualified, by transferring them to archival custody. Which leads back to my mild depression when I hear the mantra-like response, why don t you just scan them? Think of the records center as a 20th Century server used to store, retrieve and manage paper records. The records center issues outlined above include failure to keep record schedules current with changing mandates and practice; failure to adequately identify and describe records; failure to establish or implement schedules; and the failure to manage record media across time. There is no technology that can, by itself, address all those issues. Only through adequate planning and effective records and information management will we avoid replicating those same issues with digital storage. We are already seeing signs of this: expensive systems and applications failing to meet expectations because business processes were not understood; agencies spending hours looking for emails and other digital records in response to public record requests; growing demands for server space as digital records accumulate without record schedules establishing disposition dates. If we simply assume technology will solve record issues, future visitors to VSARA may no longer conjure up Raiders of the Lost Ark but rather HAL, the willful computer from 2001: A Space Odyssey. For a look at applying technology to record centers, see the January 2009 column on microfilm: http://vermont-archives.org/publications/voice/pdf/recordsmanagementthenandnow.pdf. 4 Opinions Vol. 14,#4

Civics Behind the Scenes by Olivia Gay, Civic Education and Voter Outreach Coordinator 2012 High School Voter Education and Registration Week High School Voter Education and Registration Week has been scheduled for June 4-8 this year. The Secretary of State s Office designates a special week each spring, encouraging schools to educate students about voter eligibility and voting procedures as well as holding voter registration drives, or planning one for later on. We have some new partners this year and look forward to these collaborative efforts to ensure that young Vermonters have the information and opportunities necessary to register to vote. Students who are informed about their civic rights and responsibilities, are familiar with the process of voting, and are actually registered to vote, are far more likely to vote during an election. Ken Page, director of the Vermont Principals Association, will be using his network to assist us in personally contacting all Vermont high schools about their voter registration plans. Many schools already have teachers who register students when they turn 18, or they hold rite-of-passage ceremonies on graduation day. Ken wants to make sure that all our high schools offer students similar chances to take part in our democratic process. Janet Bullard of the Vermont Commission on Women is involved in the American Legion Auxiliary s long-standing Girls State program. Janet has asked Secretary Condos to speak to the participants before they elect officials and to help run the election process itself. In this way, she hopes to create an experience that is as real-life as possible so the young women come away feeling confident about their abilities to exercise their right to vote. Jericho Town Clerk Jessica Alexander has offered her time and expertise to support registration drives in her local high school, Mount Mansfield UHS. Jessica knows that a town clerk can smooth the registration process by answering questions and providing materials. Claire Walker of Proctersville, a retired Connecticut town clerk, contacted this office to register students in her local high school in Chester. She has already signed up a number of students, and is excited about continuing these efforts for the next primary and the general election. If you are not already involved in educating and registering eligible students at your local high school, please consider volunteering your time to help out. Here at the office of the Secretary of State, we have relevant information for voter education and the materials needed for voter registration drives in schools (or anywhere else). For more information, please contact Olivia Gay, Civic Education and Voter Outreach Coordinator, via email at olivia.gay@sec.state.vt.us, or by calling her directly at 828.1296, or visit our website at www.sec.state.vt.us Office of the Vermont Secretary of State 5

Elections Calendar APRIL 2012 April 4 (Wednesday) Last day a run-off election may be held (22 days after warning; warning within seven days after election). 17 V.S.A. 2682(e) April 5 (Thursday) Last day for voters to file petitions for reconsideration or rescission of articles voted on at town meeting (within 30 days of the meeting). 17 V.S.A. 2661(b) April 16 (Monday) Last day for U.S. Congressional candidates to file FEC quarterly reports for the April quarter (Jan. 1-Mar. 30). 2 U.S.C. 434(a)(2), 17 V.S.A. 2103(13) MAY 2012 State committee of each major political party holding a national convention to call a party convention, under rules proposed in advance and adopted by the committee, to be held in May or June in a presidential year to elect delegates and alternates to the national convention, according to the rules adopted by each respective major party. 17 V.S.A. 2715(a) As a courtesy to your town political party chairs, remind them that they must call a meeting of party members in town to nominate justices of the peace on or before the first Tuesday of August. They will be receiving a mailing from their party with more specific instructions. 17 V.S.A. 2413(a) May 14 (Monday) First day to file primary petitions and consent forms for candidates who wish to be on the ballot for a major party primary and statements of nomination and consent forms from minor party candidates and independent candidates (presidential and statewide) (no sooner than the second Monday in May). 17 V.S.A. 2356, 2361, 2402(d) JUNE 2012 June 4 (Monday) In towns using Australian ballot, town clerk may open and destroy used town meeting ballots and tally sheets, except as otherwise provided by law (90 days after town meeting election). 17 V.S.A. 2590(d) June 14 (Thursday) Primary petitions and consent forms for candidates who wish to be on the ballot for a major party primary and statements of nomination and consent forms from minor party candidates and independent candidates (presidential and statewide) shall be filed not later than 5:00 p.m. on the second Thursday after the first Monday in June preceding the primary election. 17 V.S.A. 2356, 2361, 2402(d) June 17 (Sunday) Last day for town and county clerks to notify the secretary of state of the names of all candidates, offices for which they have filed, and whether the petition conforms to statutory requirements (correct number of signatures)(within three days after the last day for filing petitions). 17 V.S.A. 2359 Last day for clerks to return non-conforming petitions (within 72 hours of receipt of petition) to candidates with written statement why it cannot be accepted and requesting supplemental petitions by June 25 (not later than 10 days after the date for filing petitions). 17 V.S.A. 2358(a) and (b) 6 Opinions Vol. 14,#4

Elections Calendar, continued! June 25 (Monday) By 5:00 p.m., supplementary petitions originally rejected by the town or county clerks must be filed with the appropriate filing officer to qualify for the primary (not later than 10 days after the date for filing petitions). The petitions will again be subject to review in the same manner as the original submission. 17 V.S.A. 2358(a) and (b), 2103(13) June 27 (Wednesday) Last day for officials who have received supplementary petitions from candidates to notify the secretary of state with the status of such petition (not later than two days after the last day for filing supplementary petitions). 17 V.S.A. 2359, 2103(13) JULY 2012 July 14 (Saturday) Town clerks must receive primary ballots (not later than 45 days before the election). Clerks should store the ballots, except those used for sample ballots and early or absentee ballots, in a secure location until the date of the election. 17 V.S.A. 2479 All absentee ballot requests received from military & overseas voters must be sent on this date or on the date that the request is received if it is received after 7/14/2012. July 16 (Monday) Candidates for statewide offices, state senatorial candidates, state representatives, state political parties, and political committees who have made expenditures or received contributions of $500.00 or more must file campaign finance reports with the secretary of state on July 15th and on the 15th of each month thereafter until and including December 15. 17 V.S.A. 2811(a), 2103(13). Candidates for the state senator or state representative must also file such reports with the clerk of the candidates' respective senate or house district (the same clerk where the candidate files nominating petitions). 17 V.S.A. 2811(e), 2103(13) Last day for U.S. Congressional candidates to file FEC quarterly reports for the July quarter (Apr. 1-Jun. 30). 2 U.S.C. 434(a)(2), 17 V.S.A. 2103(13) July 19 (Thursday) Last day for clerks to request additional ballots for the Primary Election, due to unusual growth of the checklist (at least 40 days before the election). 17 V.S.A. 2478(d) Last day for the board of civil authority to divide the checklist and designate polling places with the town or city (at least 40 days before the election). 17 V.S.A. 2501(a) and (b) July 24 (Tuesday) Town clerks receive at least five copies of the warning and notice for each polling place in the town (at least five days before they must be posted). Blanks should be filled in on each warning by the town clerk, listing the polling place, address and the time polls open in each town. 17 V.S.A. 2521(b) July 29 (Sunday) Last day for posting the warning and notice for the primary (30 days before the election). 17 V.S.A. 2521(a) The checklist must also be posted in two or more public places in the town in addition to being posted at the town clerk s office in towns with over 5,000 population. In towns with less than 5,000 population, the checklist must only be posted one place in addition to the clerk s office. 17 V.S.A. 2141, 2521(a). In towns that divide their checklist, that portion of the checklist that applies to the district should be posted in each district. July 31 (Tuesday) Last day to post notice (in three public places) of party caucus to nominate candidates for justice of the peace (seven days before caucus, which is to be held on or before the first Tuesday in August). 17 V.S.A. 2413(d) FOR THE COMPLETE 2012 ELECTIONS CALENDAR, PLEASE GO TO http://vermont-elections.org/2012%20elections%20calendar%20final.pdf Office of the Vermont Secretary of State 7

April 2012 128 State Street Montpelier, VT 05633-1101 802-828-2363 www.sec.state.vt.us RETURN SERVICE REQUESTED Mailing List Updates! Help us keep our mailing list up to date! Let us know if: - your address needs to be updated, - your name is misspelled, or - you'd rather receive Opinions a week early via email. Send us a note via fax: 802-828-2496 email: secretary@sec.state.vt.us or post: 128 State Street, Montpelier, VT 05633-1101. Be sure to include the information from your current Opinions mailing label as well as any changes that you would like to have made. Thank you for helping us keep Opinions running efficiently!