Vermont § 22 - Town meeting; elections

§ 22. Town meeting; elections

• (a) [Repealed.] (b) Meetings and Elections. (1) Annual Town meeting. (A) On the Monday preceding the first Tuesday in March, beginning at 7:00 p.m. at a place
  designated by the Selectboard, the Town shall start its annual meeting and may transact
  at that time any business not involving Australian ballot. At this meeting, public
  discussion of ballot questions and all other issues appearing on the warning, other
  than the election of candidates, shall be permitted. (B) A meeting so started shall be adjourned until the following day, the first Tuesday
  in March, at which time business involving Australian ballot will be transacted. (C) The date of the annual Town meeting may be changed by a vote of the citizens at an
  annual or a special Town meeting duly warned for that purpose. (2) Special Town meetings. (A) Special Town meetings may be called at any time for reasons as prescribed by charter,
  by a majority vote of the Selectboard, or by the decree of the Town Clerk upon receipt
  of a petition signed by no less than five percent of the voters registered at the
  time the petition is submitted. (B) A special Town meeting, called in accordance with subdivision (2)(A) of this subsection,
  shall be held within 60 days from the date of the official call to meeting. (3) Warnings. (A) Timetable and notice. Public notice of every annual or special Town meeting, or Town election, shall be
  given by a warning posted in not less than four public places in the Town and on the
  Town’s website,not less than 30, nor more than 40 days prior to the meeting, and published
  in a newspaper or newspapers of general circulation in the municipality as may be
  directed or designated by the Selectboard. (B) Contents. The warning shall contain: (i) the date, time, and location of the meeting; (ii) separate articles specifically indicating the business to be transacted in the language
  to be voted upon; (iii) the signatures of a majority of the Selectboard. (C) Placing of articles on a warning for the annual Town meeting. (i) Articles may be placed on the warning by: (I) a majority vote of the Selectboard; (II) a petition of at least five percent of the voters registered at the time the petition
  is submitted. (ii) Articles submitted by petition must be filed pursuant to State statute as to form
  and process. (4) Power of Selectboard on Australian ballot decree. (A) The Selectboard may cause any question to be voted by Australian ballot at any annual
  or special Town meeting called on their action, or by petition, provided that the
  warning for such meeting specifies the question to be voted. (B) All articles to be voted by Australian ballot shall be preceded by a public informational
  hearing. The warning of the vote shall include the notice of the public informational
  hearing and set forth the time and place of the public informational hearing. (5) Presiding officials at Town meeting and elections. (A) The Moderator shall preside at all Town meetings. In the Moderator’s absence, the
  Town Clerk shall call the meeting to order and the first order of business shall be
  the election of a Moderator Pro Tempore to preside for the duration of the meeting. (B) Town meetings shall be conducted in accordance with State law, this charter, and Robert’s
  Rules of Order, Revised. (C) It shall be the duty of the Moderator to take such actions deemed necessary to preserve
  order in the conduct of business and to preserve the principles of free speech, openness,
  and fairness in government. (D) The Town Clerk shall be the presiding official at all Australian ballot elections
  and, in cooperation with the Board of Civil Authority, shall assure that all laws
  related to elections are faithfully observed. (E) While the polls are open, the Town Clerk shall rule on all questions covering the
  conduct of Australian ballot elections, except the resolution of questions concerning
  the checklist that shall be made by the majority of the Board of Civil Authority members
  present. (F) In the absence of the Town Clerk and Assistant Town Clerk, should it occur before
  an election, the Board of Civil Authority shall, upon notice, immediately meet and
  designate an Acting Clerk for the duration of the election. Should the absence occur
  on election day, the Board of Civil Authority members present at the election shall
  designate an Acting Clerk to preside for the duration of the election. (6) Postponing or continuing of Town meetings. (A) The Selectboard may postpone a special Town meeting vote to the annual Town meeting
  if the date of the special Town meeting will fall within 75 days of the annual Town
  meeting. (B) If a special Town meeting called by petition falls within 45 days of a subsequent
  special or annual Town meeting called by petition, the Selectboard may warn the questions
  to be voted at such Town meeting for the later Town meeting and may by resolution
  rescind the call of the earlier meeting. (7) Citizen initiatives; revote; rescission of articles other than election of officers. (A) Any question voted at an annual or special Town meeting, except the adoption, amendment,
  or repeal of ordinances or of the charter and the recall of elected officials, may
  be submitted for revote or rescission at a subsequent annual or special Town meeting,
  subject to the limits contained herein. (B) Requests for revote or rescission must be by resolution of at least four members of
  the Selectboard or by a petition filed with the Town Clerk and signed by at least
  five percent of the voters registered on the date of the action. (C) Any request for revote or rescission must be taken or filed within 30 days following
  the date the question was first considered. (D) The Town Clerk shall warn a special Town meeting to be held within 60 days of the
  date following the request for revote or rescission. (E) The Town budget shall be subject to a revote only if voted in the negative. (F) The phrasing and presentation of a revote on any question shall be identical to that
  used on initial consideration. (G) Any question voted on or considered shall be subject to revote or rescission only
  once in the 12 months following the initial vote, except for the Town budget, which
  shall be voted until passed, and except for charter amendments by citizen initiative
  that are governed by subsection 11(c) of this charter. (H) A vote of a proposed amendment or revision of this charter by citizen initiative that
  is substantially similar in substance to a previous proposed amendment by citizen
  initiative may occur only once in one year. (8) Tie votes. (A) A tie vote, other than for an elected office, at any Town meeting shall require an
  immediate recount; if the tie vote is affirmed, then the articles must be revoted
  at a special Town meeting within 60 days. (B) Recounts other than tie votes may be requested in accordance with State statute. (9) Nonproductive elections. In the event that a legal election fails to produce a person to fill any elected Town
  office, the Selectboard shall, within 30 days following the election, appoint a registered
  voter to serve in the position until the next annual Town meeting at which an election
  will occur for the term of office or remaining balance of the unexpired term, whichever
  is applicable. (10) Board of Civil Authority. (A) The Board of Civil Authority shall consist of the justices of the peace residing within
  the Town who shall be elected in accordance with State statute, the Town Clerk, and
  the Selectboard. (B) At the first meeting following the first day of February of odd numbered years, the
  Board of Civil Authority shall elect a Chair and a Vice Chair from among its members. (C) The Town Clerk shall be the Clerk of the Board of Civil Authority. (D) The Board shall perform all duties as required by this charter and all duties as required
  by statute to the extent that they are not in conflict with this charter. (Amended 2021, No. M-13 (Adj. Sess.), § 2, eff. May 16, 2022; 2023, No. M-2, § 2, eff. May 4, 2023.)