§ 2546 - Deposit of early voter absentee ballots in ballot box - Vermont Statutes

§ 2546. Deposit of early voter absentee ballots in ballot box

(a) No sooner than 30 days before the opening of polls on election day, the town clerk of a municipality with at least 5,000 registered voters on its checklist may direct two election officials working together to open the outside envelope in order to sort absentee ballots by ward and district, may data enter the return of the ballots by the voter, may determine that the certificate has been signed, and may place the inside envelopes in various secure containers to be transported to the polling places on election day. No sooner than 48 hours before the opening of polls on election day, a town clerk in all other municipalities may direct two election officials working together to open the outside envelope and remove the certificate envelope in order to determine that an absentee ballot certificate has been properly signed by the early voter, and that the name of the early voter appears on the checklist. The election officials shall check the name of the early voter off the entrance checklist and place the sealed envelope into a secure container marked "checked in early voter absentee ballots" to be transported to the polling place on election day. Upon opening of the polls on election day, ballots from this container shall be opened by election officials, who are not members of the same political party, and deposited either into the ballot box or into the voting machine.

(b) 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. If the ballots are in a container marked "checked in early voter absentee ballots," two election officials from different political parties shall open the envelopes and deposit the ballots into the ballot box or into the voting machine. If the ballots have not been previously checked off the entrance checklist and if an election official determines that the certificate on the envelope is signed by the early voter, the name of the early voter appears on the checklist, and the early voter is not a first-time voter in the municipality who registered by mail, the election official shall mark the checklist, open the envelope, and deposit the ballot in the proper ballot box or voting machine. If the early voter is a first-time voter who registered by mail, the election official shall determine whether the identification required under subdivision 2563(1) of this title has been submitted by the voter. Upon ascertaining that the proper identification has been submitted by the voter, the election official shall mark the checklist, open the envelope, and deposit the ballot in the proper ballot box or voting machine. If the proper identification has not been submitted, the ballot shall be treated as a provisional ballot, as provided in subchapter 6A of this chapter.

(c) 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.)