Vermont Recount Laws

This information was initially released on October 21, 2010. Note: While many of our states were reviewed by local election officials and/or others familiar with state recount laws, we were unable to procure a review of our information for Vermont by the launch of our database. Please check back for possible updates.

Voting System Used: 

Paper ballot (optical scanners, hand counted paper ballots, or a mix) For more details, visit Verified Voting.

 

Counting Method: 

Mix of recount and retabulation Counting method chosen by initiator By default, all recounts are conducted by hand. However, if the recount is initiated by a candidate, they may specifically request that the ballots be retabulated on an automatic tabulator. See the Vermont Statutes, Title 17, “Elections,” Section 2602l, “Recounts using voting machines”: http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=17&Chapter=051.... Detailed counting procedures for recounts can be found in Chapter 51, “Conduct of Elections,” Sections 2602a through 2602k: http://www.leg.state.vt.us/statutes/fullchapter.cfm?Title=17&Chapter=051.

Initiating Mechanism: 

Candidate-initiated Voter-initiated Election official-initiated Election Official-Initiated Recounts: A canvassing committee may file a request for a recount, following the same guidelines as those for candidates. However, the canvassing committee may do so only in the case of a tie vote. See Section 2592, Canvassing committees; canvass of votes in general or special elections, Subsection (l): http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=17&Chapter=051&Section=02592.\ Timing: The canvassing committee is instructed to make their request “forthwith.” Similarly, the superior court in Vermont is required to set “an early date” for the recount, but there are no specific requirements for when the recount must begin or be finished. See Section 2602a, “Appointment of recount committee”: http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=17&Chapter=051....

Candidate-Initiated Options: 

Close vote margin required Any apparent defeated candidate in a general or primary election may request a recount if the vote margin is less than 5%. No offices are listed as restricted in their eligibility to request such a recount. See Section 2601, “Recounts”: http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=17&Chapter=051.... Additional statutes clarify that candidates for local office are also eligible to request a recount, if the 5% close vote margin applies. See Section 2683, “Recounts”: http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=17&Chapter=055.... It should be noted that Vermont uses a method to calculate their close vote margin (which is “less than or equal to 5%” for all offices) that differs slightly from many states. The difference in votes received by the apparent winning and runner-up candidates is not divided by the total vote, the total votes cast for the respective office, or the total votes received by the top two candidates. Rather, the difference is divided by the “total votes cast for all the candidates for an office, divided by the number of persons to be elected.” This lessens the probability of a close vote margin recount in Vermont with respect to states that have otherwise similar close vote margin requirements. See Section 2601. Note: In August 2010, the Vermont Secretary of State’s office notified us that the legislature had passed an amendment to the recount provision that became effective July 1, 2010 to change the percentage from 5% to 2% for candidates for statewide office, senator and county offices, leaving 5% for all other races. Timing: For local elections, the recount request must be filed within ten days after the election. The recount must occur between two and five days after the request is received. See Section 2684, “Time and place of recount; notice”: http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=17&Chapter=055.... For all other elections, the recount request must likewise be filed in within ten days after the election. See Section 2602, “Procedure for recounts”: http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=17&Chapter=051.... However, for these recounts there is no precise date for when the recount must begin or be finished. The superior court is simply instructed to “set an early date” for the recount. See Section 2602a.

Voter-Initiated Options: 

Voters may request recounts for initiatives/questions Any voter may request a recount for ballot questions at the town level only. There is a close vote margin of 5% of the total votes cast on the question. See Section 2688, “Recount on question submitted”: http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=17&Chapter=055.... Timing: The timing requirements for recounts on ballot questions are the same as those for candidates in local elections: the recount request must be filed within ten days and the recount must occur within two to five days after the request is received. See Section 2688.

Cost for Candidate-Initiated Recounts: 

Paid entirely by state or county All recount costs are “paid by the state through the court administrator's office.” There is no charge to recount initiators. See Section 2602i, “Costs”: http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=17&Chapter=051....

Cost for Voter-Initiated Recounts: 

Paid entirely by state or county All recount costs are “paid by the state through the court administrator's office.” There is no charge to recount initiators. See Section 2602i, “Costs”: http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=17&Chapter=051....

Challengers and Observers: 

Statutes specify that recount must be public No statutory guidance for recount observers No statutory guidance for recount challengers Vermont law clearly states that “persons who are not committee members shall be permitted to view a recount in progress.” See Section 2602j, “Other rules for conducting the recount”: http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=17&Chapter=051.... While there are no provisions for recount initiators to appoint observers or challengers, each political committee (in the case of general elections) and each candidate (for primary elections, and for independent candidates generally) are able to nominate representatives to serve on the committee that assists in the conduct of the recount. The court is required to appoint equal numbers of representatives from each party and candidate to the committee. See Section 2602a.

Rules for Determining Voter Intent: 

Statutory guidance provided Secretary of State or Election Board responsible for defining intent Basic statutory guidelines for voter intent, as well as instructions prompting the Secretary of State to to develop rules for determining intent, can be found in Section 2587, “Rules for counting ballots”: http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=17&Chapter=051.... Guidelines provided by the Secretary of State can be found in the 2008 Elections Procedures Manual: http://vermont-elections.org/elections1/2008ElectionsProcedures.html. See especially Appendix M, “Rule on What Constitutes a Vote”: http://vermont-elections.org/elections1/2008EPAppM.pdf, as well as Appendix N, “Illustrations of Ballot Markings of Voter Intent”: http://vermont-elections.org/elections1/2008EPAppN.pdf.

Audit Laws: 

State has audit laws The Secretary of State may conduct a post-election audit, but the statute provide little guidance on how such an audit would be conducted. See: http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=17&Chapter=051....

Additional Resources: 
Vermont Statutes - Title 17 - Elections
Vermont Secretary of State Elections and Campaign Finance Division