Vermont Statutes Title 17 Sec. 2603
Terms Used In Vermont Statutes Title 17 Sec. 2603
- Candidate: means an individual who has taken any affirmative action to become a candidate for public office. See
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
- filed: means deposited in the regularly maintained office of the official with whom the filing is to be made. See
- Fraud: Intentional deception resulting in injury to another.
- Public question: means any question, issue, proposition, or referendum (whether binding or advisory) submitted or required by law to be submitted to the voters of the State or any political subdivision of the State, for a decision. 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
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Voter: means an individual who is qualified to vote in an election in this State or a political subdivision of this State, and whose name is registered on the checklist of a political subdivision of the State. See
§ 2603. Contest of elections
(a) The result of an election for any office, other than for the General Assembly, or public question may be contested by any legal voter entitled to vote on the office or public question to be contested.
(b) A contest is initiated by filing a complaint with a Superior Court alleging:
(1) that errors were committed in the conduct of the election or in count or return of votes, sufficient to change the ultimate result;
(2) that there was fraud in the electoral process, sufficient to change the ultimate result; or
(3) that for any other reason, the result of the election is not valid.
(c) The complaint shall be filed within 15 days after the election in question, or if there is a recount, within 10 days after the court issues its judgment on the recount. In the case of candidates for State or congressional office, for a presidential election, or for a statewide public question, the complaint shall be filed with the Civil Division of the Superior Court, Washington County. In the case of any other candidate or public question, the complaint shall be filed with the Superior Court in any county in which votes were cast for the office or question being challenged.
(d) The Vermont Rules of Civil Procedure shall apply to contests of elections, except that such cases shall be placed upon a special calendar, and hearings shall be scheduled on a priority basis, as public policy demands that such questions be resolved promptly.
(e) After hearing, the court shall issue findings of fact and a judgment, which shall supersede any certificate of election previously issued. If the court finds just cause, the court shall grant appropriate relief, which may include ordering a recount, or ordering a new election. If during the hearing the court receives credible evidence of criminal conduct, the court shall order a transcript of all or part of the testimony to be forwarded to the proper State’s Attorney. If a new election is ordered, the court shall set a date for it, after consulting with the Secretary of State; in ordering a new election, the court shall have authority to issue appropriate orders, either to provide for special cases not covered by law, or to supersede provisions of law that may conflict with the needs of the particular situation.
(f) The court shall send a certified copy of its findings of fact and judgment to the Secretary of State. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), §§ 94, 95; 1981, No. 239 (Adj. Sess.), § 19; 1985, No. 148 (Adj. Sess.), § 6; 1985, No. 196 (Adj. Sess.), § 15; 2009, No. 154 (Adj. Sess.), § 141.)