§ 2592. Canvassing committees; canvass of votes in general or special elections
(a) For all State and national offices and statewide public questions, the Secretary of State and the chair of the State committee of each major political party (or designee) shall constitute a canvassing committee to receive and tally returns and issue certificates.
(b) For all county offices and countywide public questions, the county clerk and the chair of the county committee of each major political party (or designee) shall constitute a canvassing committee to receive and tally returns and issue certificates.
(c) For State Senator, the senatorial district clerk and the chair of the county committee of each major political party (or designee) in the county for which the senatorial district clerk is clerk shall constitute a canvassing committee to receive and tally returns and issue certificates.
(d) For State Representative, the representative district clerk and one other election official from the district shall serve as a canvassing committee to receive and, if necessary, tally returns and issue certificates.
(e) In the case of the canvassing committees in subsections (b) and (c) of this section, if there is no party organization or party chair in the county, the State committee chair may designate a person to serve on the appropriate canvassing committee.
(f) In the case of primary elections, the canvass of votes shall be made as provided in subchapter 1 of chapter 49 of this title.
(g) In the case of general or special elections, each canvassing committee shall meet at 10:00 a.m. one week after the day of the election and proceed to canvass the votes as provided in subsections (h) through (m) of this section. The canvassing committee may recess from time to time until it has completed its work.
(h)(1) The canvassing committee shall declare the person receiving the largest number of votes for each office to be elected, and it shall issue a certificate of election, signed by a majority of the canvassing committee, in substantially the following form:
State of Vermont )
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................ County )
At ...................., on the ........................... day of ................................. 20 ..............., a canvassing committee appointed by law completed a canvass of the returns cast at a general election held on the ............................... day of ....................................., 20 ........ for the office of ..................................... The committee hereby certifies that ..................................................................... of .................... was duly elected to the office by the voters present and voting.
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(2) The committee shall send or deliver the certificate to the candidate elected. In the case of representatives to the General Assembly, the committee shall also send or deliver a copy of each certificate to the Secretary of State.
(i) In the case of justices of the peace, the town clerk shall send or deliver a certificate signed by the town clerk and one other election official to each candidate elected. The Secretary of State shall provide certificate forms for this purpose. The town clerk shall also file with the Secretary of State a list of the names and addresses of justices of the peace and shall notify the Secretary of State of any changes in the list as filed.
(j) The certificate shall be a sufficient credential of such person's election, unless superseded by a court order as provided by subchapter 9 of this chapter.
(k)(1) In the case of the State offices, the canvassing committee shall prepare a certificate of election but shall not sign it.
(2) The prepared certificate shall be presented to the official canvassing committee appointed by the General Assembly, pursuant to Chapter II, § 47 of the Constitution of the State of Vermont, for their use if they desire.
(l)(1) In the case of a tie vote, the canvassing committee shall forthwith petition the appropriate Superior Court for a recount pursuant to section 2602 of this title.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, either of the candidates that is involved in a tie may notify the appropriate Superior Court that he or she is withdrawing, in which case the court shall certify the other candidate as the winner.
(m) Each canvassing committee shall file a report of its findings with the Secretary of State, who shall preserve the reports as permanent records. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 88; 2003, No. 59, § 40; 2017, No. 50, § 46.)