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Senate Government Operations Committee reviews H.474; preserves random-audit rule and debates write‑in, consent and campaign‑finance changes

3216527 · May 8, 2025
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Summary

Members of the Vermont Senate Committee on Government Operations on Wednesday, May 7, 2025, reviewed draft 3.1 of H.474, a 36‑page miscellaneous election law bill that includes changes to absentee ballot delivery for overseas voters, procedures for counting write‑in votes, and revisions to campaign‑finance reporting.

Members of the Vermont Senate Committee on Government Operations on Wednesday, May 7, 2025, reviewed draft 3.1 of H.474, a 36‑page miscellaneous election law bill that includes changes to absentee ballot delivery for overseas voters, procedures for counting write‑in votes, and revisions to campaign‑finance reporting.

The bill drew the committee’s attention because it would affect how clerks certify results and how the Secretary of State’s Office handles ballot production and campaign reporting. Counsel said the committee removed language on the randomness of certain tabulation audits to preserve current statutory practice; deputies from the Secretary of State’s Office described proposed triggers for counting write‑in votes and asked for clearer rules and filing timelines to reduce clerks’ operational burdens.

Tim Devlin, committee counsel, said draft 3.1 is “substantially similar” to the prior version but noted one change: “the only thing different is the section 26…that part of the bill has been removed. The significance meaning that current law will be preserved.” That language, as removed, leaves in place existing statutory language requiring random audits rather than the bill’s prior, more prescriptive text.

Deputy Secretary of State Lauren Hibbert told senators the bill would add clarity in several areas the office tracks during ballot production and certification. On overseas voters the draft inserts a definition for an “overseas voter” and clarifies that military and certain other overseas voters who intend to return to the state remain eligible for ballots. On write‑in votes Hibbert said the office “are hoping to add that write ins will be required if there's the death of a candidate or if there's no candidate on the ballot,” so that votes would be counted in those specific circumstances rather than only when a consent form had been filed in advance.

Hibbert described practical steps the office would like to add for write‑in winners: if a write‑in candidate wins a primary the office wants a signed consent form confirming the person wants to appear on the general‑election ballot. The office proposed a short deadline after certification so clerks and the state can begin ballot production; Hibbert said a 48‑hour deadline would help that work flow, though some legislators argued that a longer window might be necessary for candidates to decide and for parties to nominate replacement candidates.

The committee also discussed technical cleanup on “registered write‑in candidate” language that staff and clerks said could create confusion for local offices; staff asked that references to “registered write‑in” be removed from local‑office provisions to match operational practice. Hibbert told the panel she and staff “will count those write ins” when the bill’s proposed triggers — a candidate’s death or absence of any named candidate — apply.

On campaign finance, committee staff described a proposal to close a reporting gap around small, self‑funded campaigns or single individuals who finance communications on “public questions.” The proposal would add clearer statutory categories for (a) a “self‑funded person acting alone on a public question” and (b) a “self‑funded person acting alone unaffiliated with a candidate,” aligning reporting requirements so the attorney general’s office and the Secretary of State’s Office have a single, enforceable path for disclosure. Staff said that under current practice some entities do not report until a higher spending threshold is reached; the proposed language would require more timely disclosure for certain expenditures and would aim to make obligations clearer to filers.

Senators asked about operational impacts on clerks and on ballot production timelines if deadlines are extended; staff and the deputy secretary repeatedly urged balancing the public‑access and disclosure goals against the practical limits of ballot printing and the certification schedule. No formal motion or vote was taken on H.474 at the meeting.

The committee requested cleaner statutory language on the write‑in provisions and the campaign‑finance categories, and asked the Secretary of State’s Office and Attorney General’s Office to coordinate draft statutory text and provide clarifying examples for clerks. Committee counsel said staff would circulate revised language to the committee.