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assisted by the selectmen and civil authority present, shall sort and count said votes, and make two lists of the names of each person, with the number of votes given for each annexed to his name, a record of which shall be made in the town clerk's office, and shall seal up said lists, separately, and write on each the name of the town, and these words, “ Votes for Senator," or "Votes for Senators," as the case may be, one of which lists shall be delivered, by the presiding officer, to the Representative of said town, (if any) and if none be chosen, to the Representative of an adjoining
town, to be transmitted to the President of the Senate;Lists of votes : the other list, the said presiding officer, shall within ten days, ered and can- deliver to the clerk of the county court, for the same
county,—and the clerk of each county court, respectively, or in case of bis absence, or disability, to the Sheriff of such county, or in case of the absence or disability of both, to the High Bailiff of such county, on the tenth day after such election, shall publicly, open, sort, and count said votes ; and make a record of the same in the office of the clerk of such county court, a copy of which he shall transmit to the Senate and shall also within ten days thereafter, transmit to the person or persons elected, a certificate of his or their election. Provided, however, that the General Assembly shall have power to regulate by law the inode of balloting for Senators, within the several counties, and to prescribe the means, and the manner by which the result of the balloting shall be ascertained, and through which the Senators chosen shall be certified of their election, and for filling all vacancies in the Senate, which shall happen by death, resignation or otherwise. But they shall not have power to apportion the Senators to the several counties, otherwise, than according to the population thereof agreeably to the provisions herein before ordained.
SEC. 21. The Senate shall be composed of thirty Sen
and ators, to be of the freemen of the county for which they are qualifications
elected, respectively, who shall have attained the age of thirty years, and they shall be elected annually* by the
freemen of each county respectively. R. L., Sec. 46. SEC. 22. Counties may elect Senators as follows: Apportionment of
Addison, two; Bennington, two; Caledonia, two; Chittenden, three; Essex, one; Franklin, three ; Grand Isle, one; Lamoille, one; Orange, two; Orleans, two; Rutland, four; Washington, two; Windham, two; Windsor, three.
* Election now biennial. See Sec. 32.
Sec. 23. In order that the freemen of this State might Const. Representa enjoy the benefit of election as eqnally as may be, each atives. town within this State, that consists, or may consist of eighty taxable inhabitants, within one septenary or seven years next after the establishing of this Constitution, may hold elections therein, and choose each two Representatives ; and each other inhabited town in this State, may, in like manner, choose each one Representative to represent them in General Assembly, during the said septenary, or seven years, and after that, each inhabited town may, in like manner, hold such election, and choose each one Representative forever thereafter.
SEC. 24. No person shall be elected a Representative, until Const:, Sec. 18th. he has resided two years in this State; the last of which ence of Represhall be in the town for which he is elected.
Sec. 25. The House of Representatives of the Freemen Const., Sec. $th. of this State, shall consist of persons most noted for wisdom of Representaand virtue, to be chosen by ballot, by the freemen of every town in this State, respectively, on the first Tuesday of September annually,* forever.
SEC. 26. The Assistant Judges of the County Court shall Counset: 1. Art. be elected by the freemen of their respective counties.
County Court. SEC. 27. Sheriffs and High Bailiffs shall be elected by Const.; Art. the freemen of their respective counties.
Sec. 28. State's Attorneys shall be elected by the Free- Const.; Art. men of their respective counties.
Sec. 29. Judges of Probate shall be elected by the Const.; Art. freemen of their respective probate districts.
Judges of ProSec. 30. Justices of the Peace shall be elected by the ment i freemen of their respective towns; and towns having less Justices of this than one thousand inhabitants may elect any number of each town. 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. SEC. 31.
All the officers named in the preceding arti- Smest: is cles of amendment shall be annually* elected by ballot and Officers named in
15. Sheriffs and High Bailiffs.
16. State's Attorneys.
ticles to be elected by ballot.
*Election now biennial. See Sec. 32.
shall hold their offices for one year; said year commencing on the first day of December next after their election.
Sec. 32. The Governor, Lieutenant-Governor, Treasélec- urer of the
State, 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 of September, in the manner prescribed by the Constitution of the State.
SEC. 33. The election of the several officers mentioned Election of in the preceding articles, excepting Town Representatives, bate officers and shall be made at the times and in the manner now directed Justices.
in the Constitution for the choice of Senators. And the presiding officer of each freemen's meeting, after the votes shall have been taken, sorted and counted, shall, in open meeting, make a certificate of the names of each person voted for, with the number of votes given for each, annexed to his name and designating the office for which the votes were given, a record of which shall be made in the town clerk's office, and he shall seal np said certificate, and shall write thereon the name of the town and the words, Certificate of Votes for
-and add thereto, in writing, the title of the office voted for, as the case may be, and shall deliver such certificate to some Representative chosen as a member of the General Assembly, whose duty it shall be to cause such certificate of votes to be delivered to the committee of the General Assembly appointed to canvass the same. And at the sitting of the General Assembly, next after such balloting for the officers aforesaid, there shall be a committee appointed of and by the General Assembly, who shall be sworn to the faithful discharge of their duty and whose duty it shall be to examine such certificates and ascertain the number of votes given for each candidate, and the persons receiving the largest number of votes for the respective offices, shall be declared duly elected, and by such committee be reported to the General Assembly and the officers so elected shall be commissioned by the Governor. And if two or more per
sons designated for any one of said offices, shall have re.. Assem ceived an equal number of votes, the General Assembly
shall e!ect one of such persons to such office.
Const., Sec. 26th.
Sec. 34. No person in this State shall be capable of Offices incompatible. Federal offi- holding or exercising more than one of the following offices cers ineligible.
at the same time, viz.: Governor, Lieutenant Governor, Judge of the Supreme Court, Treasurer of the State, Member of the Council, Member of the General Assembly, Surveyor General, or Sher.ff. Nor shall any person holding any office of profit or trust under the authority of Congress, be eligible to any appointment in the Legislature, or of holding any executive or judiciary office under this State.
QUALIFICATIONS OF VOTERS.
SECTION. 35. Qualifications and oath of free- 39. Qualifications of voter for
Secretary of State and 36. Citizens, who are.
Auditor of Accounts. 37. Voters in freemen's meeting, 40. Residence ; student's resiwho are.
dence. 38. Oath of allegiance.
41. Taking freeman's oath.
Sec. 35. Every man of the full age of twenty-one years, Const., Sec. 21st. having resided in this State for the space of one whole fications. year next before the election of Representatives, and is of a quiet and peaceable behavior, and will take the following oath or affirmation, shall be entitled to all the privileges of a freeman of this State:
You solemnly swear (or affirm) that whenever you give Freeman's oath. your vote or suffrage, touching any matter that concerns the State of Vermont, you will do it so as in your conscience you shall judge will most conduce to the best good of the same, as established by the Constitution, without fear or favor of any man.
[But see Sec. 10.] Sec. 36. Citizens of the United States, and persons who Bi. Jo, Sec. 61. have become citizens of this State by virtue of the Consti
tution or laws, are, while residing in the State, citizens • thereof.
Sxc. 37. Every male citizen, twenty-one years of age, or R... Score as more, having resided in the State one year next preceding No. 60, $ 1, an election of Governor, Lieutenant-Governor, Treasurer, men's meeting. Secretary of State, Auditor of Accounts, Senators and county officers, Judge of Probate, Justices, Representatives to the General Assembly, Representatives to Congress, or Electors of President and Vice-President of the United
, who .
States, shall liave a right to vote for such officers at such election in the town where he resides on the day of the election. But he shall not vote for Town Representative or Justices at such election unless he has resided, during the three months next preceding the election, in the town which is his residence on the day of election, provided that no such citizen, after removing from and residing without the State, shall vote at such election until he has resided in this State one year next preceding the day of such election and has taken the oath of allegiance to the State, the oath to support the Constitution of the United States, and the freeman's oath, and, provided further, that no person who
deserted from the military or naval service of the United Disqualification States during the war for the suppression of the rebellion sertion or convic- in the Southern States, and who did not return to such sertion of felony.
vice in the time limited in the proclamation of the President of the United States, or who has not been pardoned therefor, nor any person who has been convicted of a felony and not subsequently restored to his rights of citizenship by act of the General Assembly, shall vote at such election.
THE OATH OF ALLEGIANCE.
Const., Sec. 29th. SEC. 38 You do solemnly swear (or affirm) that you Oath' of allegi- will be true and faithful to the State of Vermont, and
that you will not, directly or indirectly, do any act or thing injurious to the Constitution or Government thereof, as established by Convention. (If an oath) so help you God. (If an affirmation) under the pains and penalties of
perjury. 1884, No.69, $ 1.
A person may vote for Secretary of State and and Auditor of Auditor of Accounts at an election, who is entitled to vote Accounts ; quali, for Governor at such election, and at any place where he
may vote for Governor.
SEC. 40. The town in which the family of a person resides, if he has one, shall be the place of his residence. No
person shall gain or lose a residence by reason of his presence or absence while in the service of the State or of the United States; nor while engaged in the navigation of the waters of the State or of the United States or on the high seas; nor while kept in a hospital, almshouse or
asylum, or confined in a public prison; nor while a student Student's resi- of a college or seminary of learning. But such student may
adopt the town where such college or seminary is located as his place of residence by filing in the clerk's office his declaration to that effect, and the time of his residence shall be computed from the time of filing such declaration.
R. L., Sec. 63,