Laws governing local ballot measures in Vermont

Laws Governing Local Ballot Measures

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A guide to local ballot initiatives

Some Vermont local governments have an initiative process for local ballot measures. This article sets out the laws governing local ballot measures in Vermont. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.

Types of local government

According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 14 counties, 277 cities, towns, and villages, and 162 special districts.

School districts

See also: School bond and tax elections in Vermont

There are no school bond and tax elections in Vermont. Vermont is one of nine states along with the District of Columbia to not have school bond or tax elections. All bond issues and requests to raise tax levies are the authority of the Vermont Educational and Health Buildings Agency. It is up to the agency to freely set the terms of all bond issues including interest, selling terms, maturity, and restrictions on successive bond issues. There is a remedy clause if any party defaults on bond obligations, but the State of Vermont is immune from being held liable in the case of default via litigation.

Initiative process availability

• State laws do not mention initiative petitions for ordinances.
• The voters of all municipalities have the right to petition a referendum in order to repeal any enacted or amended ordinance.
• The voters of all municipalities have the right to petition the adoption of a charter. The voters of all chartered municipalities have the right to petition for the amendment of their charter.
• Citizens in chartered cities, villages, and towns may be granted an initiative process for ordinances in the individual municipal charter.

Authority

Ballot Law Portal

Laws Governing Ballot Measures

Constitution

Mention of the powers of Initiative or Referendum were not found in the Vermont Constitution.

Statutes

Authority and procedure for the amendment of an municipal charter initiated either by legislature or by petition from the voters is provided by Title 17, Ch. 55, section 2645:

Authority for Charter amendment   “ § 2645. Charters, amendment, procedure (a) A municipality may propose to the general assembly to amend its charter by majority vote of the legal voters of the municipality present and voting at any annual or special meeting warned for that purpose in accordance with the following procedure: (1) A proposal to adopt, repeal or amend a municipal charter may be made by the legislative body of the municipality or by petition of five percent of the voters of the municipality. (2) An official copy of the proposed charter amendments shall be filed as a public record in the office of the clerk of the municipality at least ten days before the first public hearing and copies thereof shall be made available to members of the public upon request. (3) The legislative body of the municipality shall hold at least two public hearings prior to the vote on the proposed charter amendments. The first public hearing shall be held at least 30 days before the annual or special meeting. (4) If the proposals to amend the charter are made by the legislative body, the legislative body may revise the amendments as a result of suggestions and recommendations made at a public hearing, but in no event shall such revisions be made less than 20 days before the date of the meeting. If revisions are made, the legislative body shall post a notice of these revisions in the same places as the warning for the meeting not less than 20 days before the date of the meeting and shall attach such revisions to the official copy kept on file for public inspection in the office of the clerk of the municipality. (5) If the proposals to amend the charter are made by petition, the second public hearing shall be held no later than ten days after the first public hearing. The legislative body shall not have the authority to revise proposals to amend the charter made by petition. After the warning and hearing requirements of this section are satisfied, proposals by petition shall be submitted to the voters at the next annual meeting, primary or general election in the form in which they were filed, except that the legislative body may make technical corrections. (6) Notice of the public hearings and of the annual or special meeting shall be given in the same way and time as for annual meetings of the municipality. Such notice shall specify the sections to be amended, setting out sections to be amended in the amended form, with deleted matter in brackets and new matter underlined or in italics. If the legislative body of the municipality determines that the proposed charter amendments are too long or unwieldy to set out in amended form, the notice shall include a concise summary of the proposed charter amendments and shall state that an official copy of the proposed charter amendments is on file for public inspection in the office of the clerk of the municipality and that copies thereof shall be made available to members of the public upon request. (7) Voting on charter amendments shall be by Australian ballot. The ballot shall show each section to be amended in the amended form, with deleted matter in brackets and new matter underlined or in italics and shall permit the voter to vote on each proposal of amendment separately. If the legislative body determines that the proposed charter amendments are too long or unwieldy to be shown in the amended form, an official copy of the proposed charter amendments shall be maintained conspicuously in each ballot booth for inspection by the voters during the balloting and voters shall be permitted to vote upon the charter amendments in their entirety in the form of a yes or no proposition. (b) The clerk of the municipality, under the direction of the legislative body, shall announce and post the results of the vote immediately after the vote is counted. The clerk, within 10 days after the day of the election, shall certify to the secretary of state each proposal of amendment showing the facts as to its origin and the procedure followed. (c) The secretary of state shall file the certificate and deliver copies of it to the attorney general and clerk of the house of representatives, the secretary of the senate and the chairman of the committees concerned with municipal charters of both houses of the general assembly. (d) The amendment shall become effective upon affirmative enactment of the proposal, either as proposed or as amended by the general assembly. A proposal for a charter amendment may be enacted by reference to the amendment as approved by the voters of the municipality. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 100; 1981, No. 239 (Adj. Sess.), § 22, eff. May 4, 1982; 1983, No. 161 (Adj. Sess.); 1987, No. 63.) ”

Authority and procedure for Referendum powers in any municipality are provided by Title 24, Ch. 59, Section 1973:

Authority for Referendum   “ § 1973. Permissive referendum (a) An ordinance or rule adopted by a municipality may be disapproved by a vote of a majority of the qualified voters of the municipality voting on the question at an annual or special meeting duly warned for the purpose, pursuant to a petition signed and submitted in accordance with subsection (b) of this section. (b) A petition for a vote on the question of disapproving an ordinance or rule shall be signed by not less than five per cent of the qualified voters of the municipality, and presented to the legislative body or the clerk of the municipality within 44 days following the date of adoption of the ordinance or rule by the legislative body. (c) When a petition is submitted in accordance with subsection (b) of this section, the legislative body shall call a special meeting within 60 days from the date of receipt of the petition, or include an article in the warning for the next annual meeting of the municipality if the annual meeting falls within the 60-day period, to determine whether the voters will disapprove the ordinance or rule. (d) Not less than two copies of the ordinance or rule shall be posted at each polling place during the hours of voting, and copies thereof made available to voters at the polls on request. It shall be sufficient to refer to the ordinance or rule in the warning by title. (e) If a petition for an annual or a special meeting is duly submitted in accordance with this section, to determine whether an ordinance or rule shall be disapproved by the voters of the municipality, the ordinance or rule shall take effect on the conclusion of the meeting, or at such later date as is specified in the ordinance or rule, unless a majority of the qualified voters voting on the question at the meeting vote to disapprove the ordinance or rule in which event it shall not take effect. (Added 1969, No. 170 (Adj. Sess.), § 8, eff. March 2, 1970; amended 1971, No. 14, § 12, eff. March 11, 1971.) ”

The same referendum process is authorized after a subsequent amendment or repeal of an enacted ordinance by Title 24, Ch. 59, section 1976:

Authority for Referendum   “ § 1976. Amendments and repeals An ordinance or rule adopted in accordance with the procedures provided for in this chapter may be amended or repealed in accordance with the procedure herein set forth relating to adoption of ordinances and rules, and the provisions of this chapter, including the right of petition and referendum contained in section 1973 of this title, shall apply to the amendment or repeal of an ordinance or rule adopted under this chapter as well as to its enactment. (Added 1969, No. 170 (Adj. Sess.), § 8, eff. March 2, 1970.) ”

Initiative process features

A statewide process for local Initiative for ordinances could not be found. State law does authorize an initiative process for amendments to municipal charters.

Charter Amendment Process   Signature requirements The petition for adoption or amendment of charters and the petition for local Referendum for all municipalities require the signatures of five percent of the voters and are to be presented to the legislative body or city clerk. Process for submission and approval No pre-approval process is required in the state statutes. After filing the Petition, two public hearings are required before a vote. If the amendment passes the vote of the people, it is sent to general assembly. It becomes effective upon affirmative enactment of the proposal, either as proposed or as amended, by the general assembly. Vermont State Statutes, Title 17, Section 2645 Election Amendments as petitioned shall be submitted to the voters at the next annual meeting, primary or general election in the form in which they were filed, except that the legislative body may make technical corrections. Vermont State Statutes, Title 17, Section 2645

Initiative process in the top 10 most populated cities and villages

Local I&R Laws in the 50 States

Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

Some cities, villages, and towns authorize initiative for ordinances in their respective municipal charters. Out of the top ten most populous cities and villages in Vermont, individual provisions for initiative of ordinances were only found in South Burlington, Essex Junction, and Winooski.

Individual city provisions   South Burlington Population as of the July, 2011 census update: 18,017 Charter city In the South Burlington Charter there are additional provisions for initiative powers regarding city ordinances. The signature requirement is 10% of the number of votes cast in the last municipal election. Petition content requirements are in South Burlington Charter, Sec. 506. Petitions should be filed with the city clerk. After certification and review of the text by the city attorney, the council shall call a special city meeting to be held within 45 days of the date of such filing, unless prior to such meeting such ordinance shall be enacted by the council. To be enacted, the proposed ordinance must receive an affirmative vote from electors not less in number than 10% of the number of votes cast in the last municipal election and constituting a majority of those voting thereon. Restrictions: The initiative power shall not apply to any appointments of officers, members of commissions, or boards made by the council or to the appointment of designation or councilmen, or to rules governing the procedure of the council. South Burlington City Charter, Sec. 506 Essex Junction Population as of the July, 2011 census update: 9,331 Charter city In the Essex Junction Charter there are additional provisions for initiative powers regarding city ordinances. The signature requirement is 5% of the voters registered to vote at the last regular village election. Petition content requirements are in Essex Junction Charter, Sec. 9.02. After certification, if the Board of Trustees fails to adopt an ordinance so proposed without any change in substance, then voters may adopt or reject it at a village meeting. Restrictions: The initiative power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes or salaries of Village officers or employees. Essex Junction Village Charter, Art. IX Winooski Population as of the July, 2011 census update: 7,312 Charter city In the Winooski Charter there are additional provisions for initiative powers regarding city ordinances. Any 5 qualified voters may commence initiative proceedings by filing with the city clerk an affidavit stating that they will constitute the petitioners' committee, with other required content in Charter Sec. 8.02. After filing the affidavit, the city clerk shall issue the appropriate petition blanks to the petitioners' committee. Petition content requirements are in Charter Sec. 8.03. The signature requirement is 100 legal voters of the city. After certification, the council has 60 days to adopt or shall submit at a regular or special city election held not less than 30 days and not later than one year from the date of the final council vote thereon. Majority vote passes the proposed ordinance. Restrictions: The initiative power shall not extend to the budget or capital improvements program or any ordinance relating to appropriation of money, levy of taxes or salaries of city offices or employees. Winooski City Charter, Sec. 8.01 to 8.07

External links

• Types and Numbers of Local Government Research Spread Sheet
• Handbook for Vermont Selectboards_10-20.pdf
• Vermont League of Cities and Towns
• Initiative and Referendum powers in the 10 most populous cities
• [http://www.leg.state.vt.us/statutes/chapters.cfm?Title=24APPENDIX List of charter cities, towns, and villages in Vermont with links to municipal charter