S.164

 

An act relating to elections and voter registration

The House proposes to the Senate to amend the bill as follows:

First:  In Sec. 1, § 2124 of 17 V.S.A., by striking subdivision 2124(a)(5) up until the old period, by striking “; and” at the end of subdivision 2124(a)(4), and by adding the word “and” following the semi-colon in subdivision 2124(a)(3)

Second:  In Sec. 2, § 2144(a) of 17 V.S.A, by striking the second sentence and inserting in lieu thereof the following:

“The town clerk’s office in each municipality shall be kept open on the second Monday preceding the day of the election from no later than 10:00 a.m. 3:00 p.m. until 12:00 noon, 5:00 p.m. or for the last two hours of the normal business day on that Monday for the purpose of receiving applications for addition to the checklist.”

Third:  In Sec. 3, § 2144a of 17 V.S.A., subdivision (4), in the third sentence, by inserting after the phrase “to produce the required information” the following “or if an election official questions the legitimacy of the information presented by the person seeking to register at the poll on election day”  and by  adding a new Sec. 3a to read:

Sec. 3a.  17 V.S.A. § 2145a(e) is amended to read:

(e)  The secretary shall promptly transmit applications received under this section to the clerks of the appropriate municipalities not later than 10 days after the date the application was received by the secretary.  In the case of a voter registration application received within five days before the checklist is closed under section 2144 of this title, the application shall be transmitted to the clerk of the appropriate municipality not later than five days after the date of receipt.

Fourth:  In Sec. 5, § 2546 of 17 V.S.A., subsection (b), in the third sentence, by striking the term “precisely” where it appears and adding “previously”

Fifth:  In Sec. 7, by striking “2007” where it appears and adding “2009”

Sixth:  By adding two new sections to read as follows:

    Sec. 7a.  17 V.S.A. § 2454 is amended to read:

§ 2454.  ASSISTANT ELECTION OFFICERS

(a)  Prior to the day of the election, the board of civil authority shall appoint a sufficient number of voters from each voting district to serve as assistant election officers in their respective polling places.  As far as possible, the board shall attempt to appoint an equal number of persons from each major political party.  Each assistant election officer shall be sworn prior to entering on the performance of his or her duties.  An assistant town clerk may serve as an assistant elections officer, regardless of his or her residence.

* * *

(c)  The board of civil authority may bill the secretary of state for the cost of appointing additional assistant election officers in polling places in order to comply with the voter registration requirements of subdivision 2144a(4) of this title.

Sec. 7b.  STATEWIDE VOTER CHECKLIST REPORT

By no later than January 15, 2007, the secretary of state shall report to the house and senate committees on government operations regarding the status of implementation of the statewide voter checklist required by 17 V.S.A. § 2154.  In preparing the report, the secretary shall survey each town clerk of the state regarding the efficacy of, problems associated with, and ease of use of the checklist.  The report shall include a summary of the town clerk survey and an assessment by the secretary of state regarding the success of implementation of the checklist.

Seventh:  By inserting four new sections to read:

Sec. 8.  17 V.S.A. § 2011 is  amended to read:

§ 2011.  PERJURY BEFORE BOARD OFFICIAL MAKING CHECK LIST

A person who knowingly swears falsely to a fact or matter which may be the subject of inquiry by the board of civil authority, town clerk, presiding officer, or their designees or deputies acting on their behalf, in considering an application to vote, adding to the checklist, or revising the check list as provided in this title shall be guilty of perjury and imprisoned not more than fifteen years and fined not more than $1,000.00, $10,000.00, or both.

Sec. 9.  17 V.S.A.§ 2011a is added to read:

2011a.  MISREPRESENTATION

A person who knowingly misrepresents on an application to be added to the checklist any fact or matter material to his or her eligibility to vote in an election, or in a meeting of the municipality in which the application is made, shall be imprisoned for a period of not more than ten years or fine not more than $7,500.00, or both.

Sec. 10.  17 V.S.A. § 2011b is added to read:

§ 2011b.  MULTIPLE ELECTION VOTING

A person who votes in any election in Vermont and who also votes in any election in another state, or the District of Columbia, on the same day shall be imprisoned for a period of not more than ten years or fined not more than $7,500, or both.   

Sec.11.  SUNSET

Secs. 2(b) and (e) (same day voter registration, 3 (same day voter registration), 7 (survey of elections expenses for same-day voter registration) 7a (additional election officer expenses), of this act shall be repealed if the secretary of state fails to receive a waiver of the relevant requirements of the National Voter Registration Act (motor voter act), 42 U.S.C. §§ 1973gg to 1973gg-10, as they apply to the state of Vermont, within 180 days of January 1, 2008.

Ninth:  By striking Sec. 8 in its entirety and inserting in lieu thereof the following:

Sec. 12.  EFFECTIVE DATE

(a)  This section and Secs. 1 (voter’s oath), 4 (write-in candidates), 5 (deposit of early voter absentee ballots), and 6 (voter participation) shall take effect July 1, 2006.

(b)  Secs. 2 (deadline for voter application), 3 (same-day voter registration), 7 (survey of elections expenses for same-day voter registration), 7a (additional election officer expenses) shall take effect January 1, 2008.

     (c)  Sec s. 8, 9 and 10 shall take effect from passage.