In Vermont, legislatively referred amendments are the only form of statewide direct democracy available. Notably, constitutional amendments may only be proposed by the Vermont Senate, and only every four years. A proposed amendment must be submitted at a general election, on the first Tuesday in November, in even-numbered years. Vermont law requires publication to notify the public about a proposed constitutional amendment but provides few requirements with respect to ballot contents. Vermont’s direct democracy provisions also do not explicitly provide for judicial review of ballot measure language or related materials, but review may be available under other channels.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Vermont
Vermont does not have statewide initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Vermont voters. See Vt. Const. ch. II, § 72. Notably, constitutional amendments may only be proposed by the Senate, and only every four years. See id.
Election Timing
A legislatively referred amendment is submitted to voters after it is approved by a 2/3 supermajority of the members of each legislative house, followed by a majority of the members of each house of the next consecutive legislature. See Vt. Const. ch. II, § 72. Pursuant to statute, an amendment must be submitted at a general election, on the first Tuesday after the first Monday in November, in even-numbered years. See Vt. Stat. Ann. tit. 17, § 1842(a).
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
Under the Vermont Constitution, the General Assembly has the authority to provide for the manner of voting on a proposed amendment, and state provisions are silent as to specific contents that must be included on the ballot. See Vt. Const. ch. II, § 72. The Secretary of State is charged with causing ballots to be prepared. See Vt. Stat. Ann. tit. 17, § 1844(b).
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
The Secretary of State must publish information about legislatively referred amendments in at least two newspapers of general circulation, between September 25 and October 1 preceding the general election. See Vt. Stat. Ann. tit. 17, § 1844. The publication must include the full text of the proposed amendment, as well as a summary of proposed changes prepared by the Secretary of State. See id. The Vermont Constitution also requires the Governor to issue a proclamation providing public notice of a proposed amendment before its submission to voters. See Vt. Const. ch. II, § 72; see also Vt. Stat. Ann. tit. 17, § 1841(b).
The Secretary of State must also publish information about a proposed amendment during the period between its initial approval and its approval by the next consecutive legislature. See Vt. Stat. Ann. tit. 17, § 1840.
Voter Information Pamphlet
X Vermont law does not require a state voter information pamphlet for ballot measures.
JUDICIAL REVIEW
When and how can the court step in?
Vermont’s direct democracy provisions do not explicitly provide for judicial review of ballot measure language or related materials, but review may be available under other channels.