Vermont Statutes Title 17 Sec. 2148
Terms Used In Vermont Statutes Title 17 Sec. 2148
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board of civil authority: means , unless otherwise provided by municipal charter, in the case of a town, the selectboard and town clerk and the justices residing therein; in the case of a city, the mayor, aldermen, city clerk, and justices residing therein; in the case of a village, the trustees, village clerk, and the justices residing therein; and, in any case, such suitable member or members of unrepresented or insufficiently represented political parties as may be appointed members of the board of civil authority under the provisions of section 2143 of this title. See
- Election: means the procedure whereby the voters of this State, or any of its political subdivisions, select persons to fill public offices or act on public questions. See
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
- Person: means any individual, business entity, labor organization, public interest group, or other organization, incorporated or unincorporated. See
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Town: includes "city. See
- Town clerk: means a town officer elected pursuant to section 2646 of this title or otherwise elected or appointed by law and performing those duties prescribed by 24 Vt. See
§ 2148. Appeal from board of civil authority
(a) Any person whose application to vote has been rejected or whose name has been removed from the checklist may appeal to any Superior judge in the county in which the applicant claims residence. If there is no judge available in the county the appeal may be taken to any Superior judge. When an appeal is initiated after the Thursday immediately preceding the day of an election, it shall be conducted at once by the judge. In all instances, the appeal shall be conducted with sufficient speed, in order to resolve, when possible, all issues on appeal in sufficient time to permit a successful appellant to vote at the pending election. Neither formal pleadings nor filing fee shall be required and an appellant may represent himself or herself.
(b) An appeal is commenced by presenting an informal but written notice of appeal to the judge to whom the appeal is taken. The notice need only be sufficient to identify the appellant and the town in which he or she has been denied eligibility to vote. The judge shall forthwith schedule a hearing and notify the appellant and the town clerk, personally or by certified mail. The appellant and any other person may present evidence at the hearing, which shall be conducted informally so as to do substantial justice to all parties.
(c) Upon conclusion of the hearing the judge shall issue a written order, either affirming the decision of the board of civil authority, or ordering that the appellant’s name be added to the checklist. The applicant shall not be permitted to vote unless and until the town clerk receives a written order from the court ordering that the applicant be permitted to vote. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 15; 1985, No. 198 (Adj. Sess.), § 8.)