For some reason, I have not received muninet messages today
but the question below was forwarded to me by another town clerk.
The
Question was: for those towns that use Australian Ballot for elected officials
at town meeting.
·
Is it a conflict for a candidate to work the polls during the
day?
·
Is it a conflict to have a candidate or a candidates family
member present to count ballots, even though they are not the ballots for
either member?
First, unless your town has a charter that modifies state
law, read 17 V.S.A. §2456.
§ 2456. Disqualifications
Notwithstanding
the preceding sections of this subchapter, no
person shall serve as an election official in any election in which his or her
name appears on a ballot of the Australian ballot system as a candidate for any
office unless he or she is the only candidate for that office, or unless the
office for which he or she is a candidate is that of moderator, justice of the
peace, town clerk, treasurer, ward clerk, or inspector of elections.
When an Australian ballot is not used, a person shall not serve as an election
official during the election to fill any office for which he or she is a
nominee.
So, if a member of the BCA is running for
state representative, the exception above, does not apply and the candidate
cannot serve as an election official UNLESS he or she is the only candidate for
state rep in the election.
If an election official is running
unopposed, and so the statute allows the person to work as an election
official, the best practice is for the official on the ballot to work on the
exit checklist or some task where he or she is not constantly interacting with
voters before the voter marks the ballot.
Also, if hand counting, the candidate
should not count votes for his or her office, but because some towns are very
small, it is not unusual to have a candidate or candidate’s family
members count the school ballots, if the candidate is running for town office,
for example. A candidate or candidate’s family should not count ballots
for the office that the candidate is seeking.
Best Regards,
Director of Elections & Campaign
Finance
Office of the Secretary of State
(802) 828-2304
Visit us at http://www.sec.state.vt.us,
click on Elections