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For all primary, general, special and local elections, the board of civil authority has charge of the conduct of elections within the political subdivision for which it is elected. 17 V.S.A. § 2451. This carries with it a variety of responsibilities, as follows:

1. The board of civil authority appoints a voter of the town as presiding officer of the election, when the regular presiding officer (usually the town clerk) is unavailable or unable to preside. 17 V.S.A. § 2452(a). The board also appoints a presiding officer for each additional polling place, if more than one polling place is used. 17 V.S.A. § 2452(b).

2. The board of civil authority appoints a sufficient number of assistant election officers from each voting district, prior to the day of election. Political balance of these appointments is required by law "as far as possible," and each assistant should be sworn before the election duties begin, using the oaths in Chapter 2, Section 56 of the Vermont Constitution, as discussed elsewhere in these pages. 17 V.S.A. § 2454.

3. At least 40 days before the election, the board of civil authority must designate one or more polling places in town, although voters at an annual or special meeting may designate different polling places. The law on this subject is found in 17 V.S.A. § 2501.

4. The board of civil authority must take such measures as are necessary to assure that elderly and handicapped voters may conveniently cast their votes. The board of civil authority has full jurisdiction over the premises at which a polling place is located on the day of the election for this purpose. 17 V.S.A. § 2502(b).

   NOTE: You may not serve as an election official in an election using the Australian ballot system if you are a candidate and your name appears on the ballot, unless you are the only candidate for that office or unless the office for which you are a candidate is that of moderator, justice of the peace, constable, town clerk, clerk-treasurer, ward clerk or inspector of elections. 17 V.S.A. § 2456.

5. The board of civil authority must determine how many voting booths will be sufficient at each polling place. 17 V.S.A. § 2504.

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BALLOT DELIVERY: Justices of the peace also serve as election officers for the purpose of delivering absentee ballots to voters who are ill or physically disabled. The board of civil authority designates pairs of justices of the peace, representing each of the two political parties casting the largest and next largest number of votes for governor in the most recent election, to deliver ballots to absentee voters who have stated they will be unable to vote in person at the polling place due to illness or physical disability but who have not requested in their applications that absentee ballots be mailed to them.

Delivery may be made on election day, or the day before the election, by receiving the ballots and envelopes from the town clerk and visiting each absentee voter in person. The absent voter shall then proceed to mark the ballots alone or in the presence of the justices, but without exhibiting them to the justices or to any other person, with one exception. When the voter is blind or physically unable to mark the ballot, one justice may mark the ballot in full view of the other justice. 17 V.S.A. § 2538(c).

NOTE: If you, as a candidate, have been disqualified to serve as an election official under 17 V.S.A. § 2456 (see note above), neither you nor your spouse, parent or child may deliver absentee ballots. 17 V.S.A. § 2538(a).

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COUNTING THE VOTES: After the polls have closed, the counting process begins. The ballot boxes are opened and ballots distributed to election officials in approximately equal numbers. As before, election officials should work in bipartisan pairs, with the same pair retaining the same ballots throughout the counting process. 17 V.S.A. § 2584.

The rules for counting ballots are set out in 17 V.S.A. § 2587. Once the count is completed, the pair of election officials counting the votes must fill out and sign a tally sheet, indicating the vote total for their count and the number of blank and spoiled ballots. 17 V.S.A. § 2586.

Each pair must also securely bind the ballots together, once they have counted them, with a copy of the tally sheet, and indicate the total number of ballots and the names of the officials who counted them (as "100 ballots counted by John Doe and Mary Smith") on a separate sheet of paper. 17 V.S.A. § 2589. This package should then be delivered to the presiding officer. 17 V.S.A. § 2590(a).

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SPECIAL RESPONSIBILITIES: In addition to the duties mentioned above, the justice of the peace as a member of the board of civil authority has a few additional responsibilities for annual and special local elections.

The board may vote, for instance, to list a street address for each candidate, or the town of residence for each candidate, or no residence at all for each candidate, on the local election ballot. 17 V.S.A. § 2681(c).

The board of civil authority also plays a major role in recounts of local elections, for candidates or public questions. 17 V.S.A. § 2685 and 2688. Otherwise, the duties of the board of civil authority are identical, whether the election is a primary, general, special or local election.

The board of civil authority also plays a significant role in the legislative apportionment process, which occurs decennially. See 17 V.S.A. Chapters 33, 34 and 34A.

For further details on the responsibilities of election officials, please consult Title 17 of the Vermont Statutes Annotated.

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