Senate approves bill clarifying use of Australian ballot for municipal officers

The Vermont Senate on a voice vote passed H.78 on concurrence, a bill that clarifies how municipalities may use the Australian ballot to elect officers and protects recent and upcoming elections from legal challenge.

Senator from Rutland, reporting for the Senate Committee on Government Operations, said the bill amends "Title 17, section 2680" to make explicit that a municipality "may vote to elect any or all officers by Australian ballot," and supplies the specific language municipalities should use for future votes. He said the bill also contains a session law provision approving the use of the hybrid system — where some but not all officers are elected by Australian ballot — and protects the election of municipal officers at 2025 annual meetings from being invalidated under the clarified statute. "This bill hopes to provide clarity therein," the Senator from Rutland said, and told the Senate the committee vote was "5 nothing" in favor.

The committee report listed support from the Legislative Council, the Vermont Municipal Clerks and Treasurers Association, the Vermont League of Cities and Towns and the Secretary of State's office; the reporter said no one opposed the clarifying language. The sponsor noted the measure is "timely because this year's town meeting is about 3 weeks away," and argued municipalities would benefit from receiving the clarification before local meetings.

On the floor, the Senate ordered the bill read a third time, and the Senator from Chittenden moved to suspend the rules and place H.78 in all remaining stages of passage. That motion carried on a voice vote. The Senate then read H.78 for third reading and passed it in concurrence on a voice vote. The Senator from Chittenden moved that the action be messaged forthwith to the House; that motion also carried on a voice vote and the measure was sent to the House.

The bill sets its effective date as upon passage. Key provisions summarized by the committee reporter include: (1) an amendment to Title 17, section 2680 clarifying municipalities may elect any or all officers by Australian ballot and providing draft language for municipal votes; (2) a session law validating prior municipal votes that used a hybrid system and shielding 2025 municipal officer elections from challenge for failure to comply with the clarified rule; and (3) an effective date of passage.

The Senate recorded no roll-call tally for the floor actions in the transcript; committee action on the bill was recorded as a 5–0 committee vote in favor.