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House orders third reading of bill clarifying use of Australian ballot in local elections
Summary
The Vermont House ordered a third reading of H.78, which would clarify that municipalities may elect any or all local officers by Australian ballot and includes session-law language protecting prior hybrid practices and 2025 annual meeting elections from legal challenge, Rep. Birong said.
The Vermont House on Jan. 28 ordered a third reading of H.78, a bill that would amend state law to clarify that a municipality may vote to elect any or all local officers by the Australian ballot system and include session-law protections for previously used hybrid voting arrangements, Representative Birong said.
The bill matters because it would resolve a legal ambiguity about whether municipalities may elect some — but not all — officers by Australian ballot, and it would add session law saying prior hybrid practices and elections at 2025 annual meetings would not be invalidated or subject to challenge.
Representative Birong, speaking for the House Committee on Government Operations and Military Affairs, summarized the bill and its sections. She said section 1 would amend 17 V.S.A. §2680B to make explicit that a municipality may vote to elect any or all officers by Australian ballot and would provide the exact language to be used on future municipal ballots. "This subsection is further amended to provide the express language that shall be used for future municipal votes to adopt the Australian ballot system for the election of any or all municipal officers," Birong said.
She said section 2 contains session law that approves the use of a hybrid system as previously used by some municipalities and specifies that the act shall not invalidate the election of any municipal officer at a 2025 annual meeting or make prior hybrid votes a basis for legal challenge. Birong told members the committee took testimony from legislative counsel, town clerks (including the town clerk of Vernon), the director of intergovernmental affairs at the Vermont League of Cities and Towns (VLCT), the deputy secretary of state, and a municipal policy and advocacy specialist at VLCT.
Birong reported that the committee voted 10–1 in favor of the bill and asked for the full House's support. The chamber then moved by voice vote to order the bill read a third time; the presiding officer said, "The ayes do have it," and third reading was ordered.
Votes at a glance
- Motion to suspend rules to introduce bills by number only. Mover: Member from Poultney. Voice vote; presiding officer announced the ayes had it (motion passed). This procedural motion preceded the first reading of multiple bills by number.
- H.78 (An act relating to the use of the Australian ballot system in local elections). Committee report by Representative Birong; committee vote: 10–1 in favor. Third reading ordered by voice vote; presiding officer announced the ayes had it.
- Motion to adjourn until Wednesday, Jan. 29, 2025, at 3 p.m. Mover: Member from Holtany. Voice vote; presiding officer announced the ayes had it (motion passed).
The bill, as described on the floor, would take effect on passage. The committee cited a prior amendment to 17 V.S.A. in 1981 (Act No. 2309) when explaining the session-law approach. The House did not record a roll-call tally for the floor voice votes in the transcript excerpt. The bill will next proceed under the House's regular calendar process for third-reading consideration and any subsequent floor action.
Members also heard routine announcements and invitations to caucus and public events before adjournment.
