State of Vermont

---

Secretary of State

---

Motor Voter Update, August, 1997

---

The National Voter Registration Act of 1993 requires changes in voter registration and checklist purging procedures. Let's review those changes. Towns and cities that operate under governance charters should note that the provisions of this law override the provisions of individual charters.

I. DEADLINE FOR VOTER REGISTRATION:

Prior to July 1, 1997, voter registration applications had to be received at the town clerk's office by noon on the second Saturday before an election. Under current law, voter registration applications must be accepted as long as they are postmarked on or before the deadline or have been submitted or accepted by the Department of Motor Vehicles or any voter registration agency on or before the deadline. 17 V.S.A. § 2144. The voter registration agencies designated in the law are the Department of Social Welfare (ANFDC, Medicaid and food stamps), the Department of Health ( WIC program), the Department of Aging and Disabilities and the Department of Mental Health. 17 V.S.A. § 2103(41). Other agencies may be designated by the Secretary of State. Boards of Civil Authority will be informed of any other agencies that are designated by the Secretary.

Some Examples:

Let's say the Montpelier office of the Department of Motor Vehicles receives 25 voter registration applications on the Friday prior to the registration deadline. DMV mails the forms to the Office of the Secretary of State, which receives them on Monday. The Secretary of State's Office mails the forms out on Monday, after the deadline. The town clerk receives them on Wednesday. Those applications are valid for the upcoming election because they were submitted to a voter registration agency (DMV, DSW, WIC, DMH, DAD) prior to the deadline for applications.

Or let's say the local bank has been offering voter registration to its customers. Completed applications are mailed on Friday to the appropriate town clerks' offices. Those applications are timely. What would have happened, however, if the bank decided to drive the voter registration applications to town clerks' offices on Monday? Even though the applications were submitted to the bank prior to the deadline for voter registration, those applications are not timely, because the bank is not a designated voter registration agency.

What happens to voter registration forms that arrive at the wrong town clerk's office? They should be forwarded promptly to the appropriate town clerk. They are valid applications for the upcoming election if they were postmarked on or before the Saturday deadline, despite the fact that they were originally routed to the wrong clerk's office.

What happens when a voter arrives at the polling place and finds that her name is not on the checklist? If the voter has a copy of the voter application form submitted to a voter registration agency prior to the deadline for voter applications, and if the Board of Civil Authority determines that she is otherwise eligible to vote, an election official may administer the Voter's Oath to the voter (if necessary), add her name to the checklist and allow her to vote. If the voter application was made after the second Saturday before the election, however, the voter is not eligible to vote. Without any written confirmation of the voter's assertion that she had registered to vote at an agency, the Board of Civil Authority would be unable to add her name to the checklist.

II. ELECTION DAY -- VOTERS WHO HAVE MOVED WITHIN A MUNICIPALITY:

A voter who has moved from one address to another address within an area covered by the same polling place may vote, upon oral or written affirmation by the voter, at the polling place. An affirmation by the voter does not require proof of change of residency. 17 V.S.A. § 2149(b)(1).

A voter who has moved from an area covered by one polling place to an area covered by another polling place within the same municipality may vote upon oral or written affirmation at the appropriate polling place. 17 V.S.A. § 2149(b)(2).

Twenty-one towns in Vermont have more than one polling place for either state or local elections. Even if polling places are situated within the same building, they may cover different districts or wards. A voter who has moved from one ward or district to another before a local election or from one district to another before a primary or general election is permitted to vote where she is currently residing upon oral or written affirmation. Affirmation by the voter does not require proof of change of residency.

Boards of civil authority should implement procedures to assure that the election officials at each polling place have access to the entire checklist of the municipality -- not just the checklist for that particular polling place. Having a certified copy of the checklist for the municipality allows poll workers to confirm the voter's previous residency in the municipality and/or in the ward or district. The checklist might be accessed by:

1. having a paper copy at each polling place;
2. having computer access to the checklist; or
3. having telephone connections to the clerk's office to verify voter status.

III. REMOVING NAMES FROM THE CHECKLIST/PURGING:

Vermont's current practice of systematically purging checklists in odd-numbered years remains, but the new law requires that the biennial purge and any other purgings be completed at least 90 days before any federal, state or local election. 17 V.S.A. § 2150(b).

The current procedure for removing names from the checklist remains the same until the BCA reaches the point in time when it wishes to send first-class notices to voters whose residency cannot be determined. In order to conform with the new law, the notice must contain the following information [17 V.S.A. § 2150(d)(3)(A) and (B)]:

1. a pre-addressed, postage-paid return card;
2. notification that, if the voter has not changed his or her residence or has changed residence within the area covered by the checklist, the voter must return the pre-addressed, postage-paid card prior to the next voter registration deadline;
3. notice that if the voter does not return the card, oral or written affirmation of residence will be required prior to voting;
4. information on how to continue to be eligible to vote if the voter has moved to another municipality.

It is recommended that each municipality send its purging notices with "address correction requested" in order to make contact with the greatest number of voters. According to the U.S. Postal Service, any letter sent first-class that has "address correction requested" inscribed under the return address will be returned to the sender with an address correction if a correction is on file. Any letters returned with an address correction must be mailed again by the Board of Civil Authority.

If the voter returns the pre-addressed, postage-paid card confirming the voter's continued residence in the municipality, the voter's name remains on the checklist. If the voter returns the pre-addressed, postage-paid card confirming that the voter no longer resides in the municipality, the Board of Civil Authority may remove the voter's name from the checklist. 17 V.S.A. § 2150(d)(4).

If the voter does not return the pre-addressed, postage-paid card, the Board of Civil Authority is prohibited from removing the voter's name from the checklist until the day after the second general election following the date of the notice. 17 V.S.A. § 2150(d)(5).

For example: A purging notice is sent to Jean Jones on August 20, 1997 by the Board of Civil Authority. Jean never responds to the notice. The Board of Civil Authority may not remove Jean Jones' name from the checklist until Wednesday, November 8, 2000, the day after the second general election.

If a voter returns a card stating that she is still a resident of the town, but facts indicate that she is not, the Board of Civil Authority will have to determine whether a challenge to her claim of residency is necessary. If the Board wishes to challenge the voter's assertion of residency, it may hold a hearing to determine if the voter is currently a resident of the town.

Town clerks will also be receiving change of address information from the Department of Motor Vehicles. Unless the DMV applicant states on a change of address form that the change of address is not for voter registration purposes, changes of address will be transmitted electronically to the Office of the Secretary of State. 17 V.S.A. § 2145a(c). The Secretary of State's Office will transmit that information electronically or by mail to the appropriate town.

If the change of address notice indicates that a voter has changed addresses within the municipality, the clerk changes the voter checklist to reflect the new address and sends the voter a confirmation notice, containing a postage prepaid, pre-addressed return form by which the voter may verify or correct the address information.

If the change of address notice indicates that the voter has moved to another municipality, the clerk employs the process used by the Board of Civil Authority. 17 V.S.A. § 2150(d)(3). The notice being sent to the voter is sent first-class mail. The notice must contain the following information [17 V.S.A. § 2150(d)(3)(A) and (B)]:

1. a pre-addressed, postage-paid return card;
2. notification that, if the voter has not changed his or her residence or has changed residence within the area covered by the checklist, the voter must return the pre-addressed, postage-paid card prior to the next voter registration deadline;
3. notice that if the voter does not return the card, oral or written affirmation of residence will be required prior to voting;
4. information on how to continue to be eligible to vote if the voter has moved to another municipality.

IV. LOCAL RECORDKEEPING REQUIREMENTS:

The Board of Civil Authority must keep detailed records of its proceedings for at least two years. 17 V.S.A. § 2150(d)(7). These records are public. The records must include

1. in the case of each name removed from the checklist, a clear statement of the reason or reasons for which the name was removed,

2. in the case of the updating of the checklist required by the biennial purge, the working copy or copies of the checklist used in the name-by-name review conducted to ascertain continued eligibility to vote,

3. the total number of new registrations occurring during the period between general elections,

4. the total number of persons removed from the checklist during the period between the general elections, and

5. lists of the names and addresses of all persons to whom notices were sent under this subsection, and information concerning whether or not each person to whom a notice was sent responded to the notice as of the date that inspection of the records is made.

V. CHECKLIST DATA:

Please note that state law has been changed to specifically require that the checklist contain the name and mailing address of each voter. 17 V.S.A. § 2145(d).

VI. MODEL LETTERS

BCA LETTER

TO:

__________________________________

__________________________________

__________________________________

__________________________________

For the purpose of voting, "resident" is "a person who is domiciled in the town as evidenced by an intent to maintain a principal dwelling place in the town indefinitely and to return there if temporarily absent, coupled with an act or acts consistent with that intent. If a person removes to another town with the intention of remaining there indefinitely, that person shall be considered to have lost residence in the town in which the person originally resided even though the person intends to return at some future time." 17 V.S.A. §2122(b).

The board of civil authority has not been able to determine whether you are still eligible to vote in _____________________. Please confirm your continued residence in the town or the fact that you no longer live in town by checking the appropriate line on the enclosed postage prepaid, pre-addressed card.

If you continue to reside in the municipality, you must return the enclosed card before the deadline for voter registration for the next election. If you do not return the enclosed card, oral or written affirmation of your residence will be required before you are allowed to vote.

If you have established residency in another municipality, you may register to vote by calling or visiting the clerk's office in that municipality to request that a voter registration form be mailed to you or you may visit the clerk's office and apply in person.

You also may register to vote when you apply for or renew a driver's license through the Department of Motor Vehicles. In addition, voter registration is available through the Department of Social Welfare, the Department of Health (WIC), the Department of Aging & Disabilities and the Department of Mental Health.

______________ Board of Civil Authority
(city, town)

---

VOTER RESPONSE (POSTAGE-PAID AND PREADDRESSED)

___ I am currently living at the same address. Please retain my name on the checklist.

___I am no longer living at the same address, but I'm still a resident of __________________________. Please retain my name on the checklist.
(town or city)

My current address is:

______________________________________________________
(mailing)

______________________________________________________
(location)

___I am no longer a resident. Please remove my name from the checklist.

---

LETTER CONFIRMING CHANGE OF ADDRESS RECEIVED FROM DMV

TO: ______________________________

__________________________________

__________________________________

The Board of Civil Authority has received a change of address notification from the Department of Motor Vehicles stating that you have:

___changed your address within the town/city to:

______________________________________________________

___changed your address to another town/city:

_______________________________________________________

Please confirm that the information we have received is correct by returning the enclosed pre-addressed, postage-paid card.

If you continue to reside in the municipality, you must return the enclosed card prior to the deadline for voter registration for the next election. If you do not return the enclosed card, oral or written affirmation of your residence will be required before you are allowed to vote.

If you have established residency in another municipality, you may register to vote by calling or visiting the clerk's office in that municipality to request that a voter registration form be mailed to you or you may visit the clerk's office and apply in person. You may also register to vote when you apply for or renew a driver's license through the Department of Motor Vehicles. In addition, voter registration is available through the Department of Social Welfare, the Department of Health (WIC), the Department of Aging & Disabilities and the Department of Mental Health.

______________ Board of Civil Authority
(city, town)

---

VOTER RESPONSE TO CHANGE OF ADDRESS RECEIVED FROM DMV

___I confirm that I have changed my address within the town/city to:

_____________________________________________________________
(mailing)

_____________________________________________________________
(location)

___I confirm that I have changed my address to another town/city:

_____________________________________________________________
(mailing)

_____________________________________________________________
(location)

Return to top of this page
Return to Secretary of State's Home Page
E-mail questions and comments about these pages to
the Webeditor
Technical editor is Nick Hayer (nick@sec.state.vt.us)