Act No. 123 Page 1 of 1
2022
This act summary is provided for the convenience of the public and members of the General
Assembly. It is intended to provide a general summary of the act and may not be
exhaustive. It has been prepared by the staff of the Office of Legislative Counsel without
input from members of the General Assembly. It is not intended to aid in the interpretation
of legislation or to serve as a source of legislative intent.
Act No. 123 (S.122). Presidential electors
An act relating to the required votes of presidential electors
This act relates to the State’s enactment of the “Agreement Among The States
To Elect The President By National Popular Vote” codified in Title 17, chapter 58
(enacted in 2011 Acts and Resolves No. 10). The “national popular vote”
requirements in chapter 58 will only become effective if a certain number of
states also enact the agreement into law.
The changes to 17 V.S.A. § 2731 in this act update the election canvassing
committee’s statutory processes in recognition of the possibility that the State
may one day be bound to the “national popular vote” requirements of chapter 58.
These changes are designed to align the statutory text between the two chapters
and eliminate that potential future conflict; they will not affect the current
processes.
The changes to 17 V.S.A. § 2732 in this act amend the processes for counting
elector votes in a presidential election. The changes to subsection (c) of this
section 2732:
• require the elector to cast the elector’s vote for the elector’s party’s
nominees for President and Vice President;
• require an elector to present the elector’s ballot to the Secretary of State
and the Secretary to examine that ballot;
• require that the Secretary of State shall not count the vote of an elector
who is not casting the elector’s vote for the elector’s party’s nominees for
President and Vice President; and
• require the Secretary of State to declare a vacancy for any elector’s office
where the elector refuses to present a ballot to the Secretary, presents an
unmarked ballot, or presents a ballot marked in violation of subdivision
(c)(1).
Effective Date: July 1, 2022
VT LEG #363656 v.2


Statutes affected:
As Introduced: 17-57
As Passed By the Senate -- Official: 17-57
As Passed By the Senate -- Unofficial: 17-57
As Passed by Both House and Senate -- Official: 17-57
As Passed by Both House and Senate -- Unofficial: 17-57
As Enacted: 17-57