By Guy Page
The name of Sen. Richard Sears (D-Bennington) will remain on the August 13 Democratic primary ballot, despite his unexpected death last weekend in an Albany, NY hospital at age 81.
Vermont election law does not permit changes after the May 30 (last Thursday) election filing deadline until after the primary election is held, the Vermont Secretary of State’s office told VDC yesterday, June 4 in response to an emailed inquiry. After the primary the county Democratic committee may nominate a candidate to fill his spot on the General Election ballot.
The SOS also clarified how it intends to prevent voting in more than one primary, despite voters being given ballots for the Democratic, Republican and Progressive party primaries.
The Q&A appears below.
VDC: How will Dick Sears’ spot on the primary ballot change? Or will it?
SOS: The Secretary of State and our Office were sad to hear of Senator Sears’ passing. His spot on the primary ballot will not change, as Vermont law does not have provisions for changes after the Primary Election filing deadline but before the Primary Election. Because Senator Sears filed for the August Primary Election, he will remain on the ballot. If he wins on August 13th, he will then be withdrawn due to death and, per 17 V.S.A. § 2386, the party committee will then have seven days (ie by August 20) to nominate a candidate.
VDC: Will absentee ballots include all three parties? What’s to stop inadvertent or intentional voting in more than one primary? Is this a recent statutory requirement?
SOS: Regarding mechanisms to prevent votes in more than one primary, it is effectively the same for both in-person and absentee voting. The voter is given three ballots. They are required to return all three ballots – two unvoted and one voted. If they don’t return two unvoted ballots, they are deemed to have a defective ballot. Per 17 V.S.A. § 2547, “the ballot or the unopened certificate envelope shall be marked ‘defective’ and the ballot shall not be counted” if “in the case of a primary vote, the early or absentee voter has failed to return the unvoted primary ballots.