Terms Used In Vermont Statutes Title 17 Sec. 2602j

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Election: means the procedure whereby the voters of this State, or any of its political subdivisions, select persons to fill public offices or act on public questions. See
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: means any individual, business entity, labor organization, public interest group, or other organization, incorporated or unincorporated. See
  • Secretary: means the Secretary of State. See
  • State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
  • Town: includes "city. See

§ 2602j. Court hearing and judgment

(a), (b) [Repealed.]

(c) Candidates and their attorneys shall be given the opportunity to present evidence to the court relating to the conduct of the recount, how to count questionable votes, and the marking of any ballot as defective in accordance with section 2547 or subsection 2587(d) of this title.

(d) On the day of the hearing, the town clerk of any town subject to the recount shall be available in person or by telephone to answer any questions regarding the town’s election.

(e) If the court determines that any violations of recount procedures have occurred and that they may have affected the outcome of the recount, a new recount shall be ordered.

(f) After such hearings or arguments as may be indicated under the circumstances and after it has made a final decision on any questionable votes or defective ballots, the Superior Court, within five working days, shall:

(1) issue a judgment, which shall supersede any certificate of election previously issued;

(2) send a certified copy of the judgment to the Secretary of State; and

(3) return to the county clerk any ballots containing questionable votes and defective ballots that had been forwarded to the court. (Added 1985, No. 148 (Adj. Sess.), § 5; amended 2013, No. 161 (Adj. Sess.), § 42; 2017, No. 50, § 1.)