Elections; Officers; Terms of Office, Vermont Constitution

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The Elections; Officers; Terms of Office part of the Vermont Constitution contains 13 sections.

Section 43

	Text of Section 43: Biennial Elections The Governor, Lieutenant-Governor, Treasurer, Secretary of State, Auditor of Accounts, Senators, Town Representatives, Assistant Judges of the County Court, Sheriffs, High Bailiffs, State's Attorneys, Judges of Probate and Justices of the Peace, shall be elected biennially on the first Tuesday next after the first Monday of November, beginning in A.D. 1914.

Section 44

	Text of Section 44: Election of Representatives and Senators Senators and Representatives shall be elected to office at a general election to be held biennially on the first Tuesday next after the first Monday of November, A.D. 1974.

Section 45

	Text of Section 45: Manner of Election The manner of election, certification, and filling of vacancies in office of Senators and Representatives shall be as established by law.

Section 46

	Text of Section 46: Terms of Senators and Representatives The term of office of Senators and Representatives shall be two years, commencing on the first Wednesday next after the first Monday of January following their election.

Section 47

Text of Section 47: Election of Governor, Lieutenant-Governor and Treasurer The voters of each town shall, on the day of election for choosing Representatives to attend the General Assembly, bring in their votes for Governor, with the name fairly written, to the Constable, who shall seal them up, and write on them, Votes for Governor, and deliver them to the Representatives chosen to attend the General Assembly; and at the opening of the General Assembly, there shall be a committee appointed out of the Senate and House of Representatives, who, after being duly sworn to the faithful discharge of their trust, shall proceed to receive, sort, and count the votes for Governor, and declare the person who has the major part of the votes, to be Governor for the two years ensuing. The Lieutenant-Governor and the Treasurer shall be chosen in the manner above directed. The votes for Governor, Lieutenant-Governor, and Treasurer, of the State, shall be sorted and counted, and the result declared, by a committee appointed by the Senate and House of Representatives. If, at any time, there shall be no election, of Governor, Lieutenant-Governor, or Treasurer, of the State, the Senate and House of Representatives shall by a joint ballot, elect to fill the office, not filled as aforesaid, one of the three candidates for such office (if there be so many) for whom the greatest number of votes shall have been returned.

Section 48

	Text of Section 48: Election of Secretary of State and Auditor of Accounts The Secretary of State and the Auditor of Accounts shall be elected by the voters of the State upon the same ticket with the Governor, Lieutenant-Governor and Treasurer; and the Legislature shall carry this provision into effect by appropriate legislation.

Section 49

Text of Section 49: Term of Governor, Lieutenant Governor and Treasurer The term of office of the Governor, Lieutenant-Governor and Treasurer of the State, respectively, shall commence when they shall be chosen and qualified, and shall continue for the term of two years, or until their successors shall be chosen and qualified, or to the adjournment of the session of the Legislature at which, by the Constitution and laws, their successors are required to be chosen, and not after such adjournment.

Section 50

Text of Section 50: Election of Assistant Judges, Sheriffs and State's Attorneys The Assistant Judges shall be elected by the voters of their respective districts as established by law. Their judicial functions shall be established by law. Their term of office shall be four years and shall commence on the first day of February next after their election. Sheriffs shall be elected by the voters of their respective districts as established by law. Their term of office shall be four years and shall commence on the first day of February next after their election. State's Attorneys shall be elected by the voters of their respective districts as established by law. Their term of office shall be four years and shall commence on the first day of February next after their election.

Section 51

	Text of Section 51: Election of Judges of Probate Judges of Probate shall be elected by the voters of their respective districts as established by law. The General Assembly may establish by law qualifications for the election to and holding of such office. Their term of office shall be four years and shall commence on the first day of February next after their election.

Section 52

Text of Section 52: Election of Justices of the Peace; Apportionment Justices of the Peace shall be elected by the voters of their respective towns; and towns having less than one thousand inhabitants may elect any number of Justices of the Peace not exceeding five; towns having one thousand and less than two thousand inhabitants, may elect seven; towns having two thousand and less than three thousand inhabitants, may elect ten; towns having three thousand and less than five thousand inhabitants, may elect twelve; and towns having five thousand, or more, inhabitants, may elect fifteen Justices of the Peace. Justices of the Peace shall not exercise judicial powers, except that they may serve as magistrates when so commissioned by the Supreme Court.

Section 53

	Text of Section 53: Election of Assistant Judges, Sheriffs, State's Attorneys, Judges of Probate, and Justices of the Peace The manner and certification of election and filling of vacancies in the offices of Assistant Judges, Sheriffs, State's Attorneys, Judges of Probate and Justices of the Peace shall be as established by law.

Section 54

Text of Section 54: Incompatible Offices No person in this State shall be capable of holding or exercising more than one of the following offices at the same time: Governor, Lieutenant-Governor, Justice of the Supreme Court, Treasurer of the State, member of the Senate, member of the House of Representatives, Surveyor-General, or Sheriff. Nor shall any person holding any office of profit or trust under the authority of Congress, other than a member of the commissioned or enlisted personnel in the reserve components of the armed forces of the United States while not on extended active duty, be eligible to any appointment in the Legislature, or to any executive or judiciary office under this State.

Section 55

Text of Section 55: Freedom of Elections; Bribery All elections, whether by the people or the Legislature, shall be free and voluntary: and any elector who shall receive any gift or reward for the elector's vote, in meat, drink, moneys or otherwise, shall forfeit the right to elect at that time, and suffer such other penalty as the law shall direct; and any person who shall directly or indirectly give, promise, or bestow, any such rewards to be elected, shall thereby be rendered incapable to serve for the ensuing year, and be subject to such further punishment as the Legislature shall direct.

See also

• State constitution
• Constitutional article
• Constitutional amendment
• Constitutional revision
• Constitutional convention
• Amendments
  • Initiated constitutional amendment
  • Legislatively-referred constitutional amendment
  • Publication requirements for proposed state constitutional amendments
  • Rules about constitutional conventions in state constitutions
  • State constitutional articles governing state legislatures

External links

Suggest a link

• Vermont State Legislature, "Constitution of Vermont"
• Vermont Archives.org, "Vermont Republic Constitution, 1777"
• Vermont Archives.org, "1786 Constitution"
• Vermont Archives.org, "1793 Constitution"

Additional reading

• Hill, William C. (2011). The Vermont State Constitution, New York, New York: Oxford University Press
• Hill, William C. (1992). The Vermont State Constitution: A Reference Guide, Westport, Connecticut: Greenwood Publishing
• Vermont.gov, "Old Constitution Books"
• Vermont SOS, "Publications"
• Digital Collections at Middlebury College, "Vermont Constitutions"