S 298 — An act relating to voter protections

BILL AS INTRODUCED AND PASSED BY SENATE S.298 Page 5 of 29 (b) A violation of subsection (a) of this section is established if, on the basis of the totality of circumstances, it is shown that the political processes leading to nomination or election in the State or a municipality are not equally open to participation by members of a protected class in that its members have less opportunity than other members of the electorate to participate in the political processes or to elect representatives of their choice.

The extent to which members of a protected class have been elected to office in the State or municipality is one circumstance that may be considered.

(c) Nothing in this section shall be construed to establish a right to have members of a protected class elected in numbers equal to their proportion in the population.

§ 2803.

IMPAIRMENT OF VOTING RIGHTS OF REGISTERED VOTERS.

Nothing in this chapter shall be construed to deny, impair, or otherwise adversely affect the right to vote of any registered voter.

Subchapter 2.

Assistance in Voting and Elections § 2811.

LANGUAGE ASSISTANCE IN VOTING AND ELECTIONS (a) Determination of languages and municipalities.

(1) The Secretary of State shall designate one or more languages, other than English, for which assistance in voting and elections shall be provided in a municipality if the Secretary finds that a significant and substantial need exists.

BILL AS INTRODUCED AND PASSED BY SENATE S.298 Page 6 of 29 (2) The Secretary of State shall find that such significant and substantial need exists if, based on the best available data, including information from the U.S.

Census Bureau’s American Community Survey, more than five percent or more than 1,000 of the residents qualified to vote in a municipality speak a particular shared language other than English and are limited English proficient individuals.

(3) As used in this section, “limited English proficient individual” means an individual who does not speak English as the individual’s primary language and who speaks, reads, or understands the English language less than “very well,” in accordance with U.S.

Census Bureau data or data of comparable quality collected by a governmental entity.

(4) On or before January 15, the Secretary of State shall annually publish on the website of the Office of the Secretary of State a list of each municipality in which assistance in voting and elections in a language other than English shall be provided and each such language in which such assistance shall be provided in each such municipality.

The Secretary’s determinations under this section shall be effective upon such publication.

The Secretary shall distribute to each affected municipality the information contained in such list.

(b) Assistance to voters.

BILL AS INTRODUCED AND PASSED BY SENATE S.298 Page 7 of 29 (1) The Secretary, in consultation with each municipality described in subdivision (a)(4) of this section, shall provide assistance in voting and elections in any language designated pursuant to subdivision (a)(1) of this section to voters in that municipality who are limited English proficient individuals.

(2) The Secretary shall provide competent assistance in each designated language.

The Secretary shall provide election-related materials both in English and in each designated language, including registration or voting notices, forms, instructions, assistance, ballots, and other information relating to the electoral process, except that, in the case of a language that is oral or unwritten, the Secretary may provide only oral instructions, assistance, or other information relating to the electoral process in that language.

All materials provided in a designated language shall be of an equal quality to the corresponding English materials.

All provided translations shall convey the intent and essential meaning of the original text or communication and shall not rely solely on any automatic translation service.

Whenever available, language assistance shall also include interpretation services.

(c) Review process.

(1) The Secretary of State shall adopt regulations, in accordance with the provisions of 3 V.S.A.

chapter 25, to establish a review process under which the Secretary shall determine, upon receipt of a request submitted under BILL AS INTRODUCED AND PASSED BY SENATE S.298 Page 8 of 29 this subsection, whether a significant and substantial need exists in a municipality for a language to be designated for the provision of assistance in voting and elections whenever a need has not been found under subsection (a) of this section.

(2) The Secretary’s review process shall include:

(A) an opportunity for any resident qualified to vote, organization whose membership includes or is likely to include residents qualified to vote, or organization whose mission would be frustrated by the Secretary’s failure to provide such language assistance to submit a request for the Secretary to consider so designating a language in a municipality;

(B) an opportunity for public comment;

and (C) that, upon receipt and review of any request, the Secretary may, in accordance with the process for making such determination, so designate any language in a municipality.

(d) Right of action.

Any resident qualified to vote who is aggrieved by a violation of this section and any organization whose membership includes residents qualified to vote who are aggrieved by such a violation shall be entitled to initiate a cause of action in the Superior Court in the county in which the alleged violation has occurred, except that no determination of the Secretary under this section to designate a municipality or a language for the provision of assistance shall constitute a violation of this section.

BILL AS INTRODUCED AND PASSED BY SENATE S.298 Page 9 of 29 § 2812.

ASSISTANCE FOR CERTAIN VOTERS;

PENALTIES (a) Any voter 65 years of age or older or any voter who is physically disabled may request and then shall be handed a printed ballot by an election officer outside the polling place but within 150 feet of the entrance to the polling place.

The voter shall mark the printed ballot in the officer’s presence but in a secret manner and, obscuring the voter’s vote, return the ballot to the officer.

The officer shall immediately return to the polling place and shall deposit the ballot in accordance with section 2570 of this title.

(b)(1) Any qualified voter who requires assistance to vote by reason of physical disability or inability to read or write may, if the voter so requests, be assisted in voting.

The voter may designate an officer of election or any other person to assist the voter.

(2) The election officer or other person so designated shall not enter the booth with the voter unless:

(A) the voter signs a request stating that the voter requires assistance by reason of physical disability or inability to read or write;

and (B) the election officer or other person signs a statement that the officer or other person will act in accordance with the requirements of this section.

(3) The request and statement shall be on a single form furnished by the Secretary of State.

If the voter is unable to sign the request, the voter’s own BILL AS INTRODUCED AND PASSED BY SENATE S.298 Page 10 of 29 mark acknowledged by the voter before an election officer shall be a sufficient signature, provided no mark shall be required of a voter who is blind.

An election officer shall advise the voter and any person assisting the voter of the requirements of this section and record the name of the voter and the name and address of the person assisting the voter.

(4) The election officer or other person so designated shall assist the qualified voter in the preparation of the voter’s ballot in accordance with the voter’s instructions and without soliciting the voter’s vote or in any manner attempting to influence the voter’s vote and shall not in any manner divulge or indicate, by signs or otherwise, how the voter voted on any office or question.

The officer shall immediately deposit the ballot in accordance with section 2570 of this title.

(c) If the voter requires assistance in a language other than English and has not designated a person to assist the voter, an election officer may assist as an interpreter but shall first inquire of the present election officials whether there is an election official of a party or candidate of the voter’s preference available who can interpret for the voter.

One representative interpreter for each party or candidate, insofar as available, shall be permitted to observe the officer of election communicate with the voter.

In any municipality designated as a covered municipality pursuant to section 2811 of this title, the local board of civil authority shall ensure that interpretation services in the language of the BILL AS INTRODUCED AND PASSED BY SENATE S.298 Page 11 of 29 applicable minority group are available and easily accessible to voters needing assistance pursuant to this subsection.

The voter may designate one of the volunteer party or candidate interpreters to provide assistance.

A person so designated by the voter shall meet all the requirements of this section for a person providing assistance.

(d) A person who willfully violates subsection (b) or (c) of this section shall be imprisoned not more than six months or fined not more than $2,000.00, or both.

Subchapter 3.

Changes to Election Practices § 2821.

CHANGES NOT TO BE EFFECTUATED WITHIN 60 DAYS PRECEDING A GENERAL ELECTION;

NOTICE REQUIREMENTS No change in any local election district, ward, or polling place shall take effect within 60 days preceding any general election.

§ 2822.

COVERED PRACTICES;

ACTIONS REQUIRED PRIOR TO ENACTMENT OR ADMINISTRATION (a)(1) Prior to enacting or seeking to administer any voting qualification or prerequisite to voting, or any standard, practice, or procedure with respect to voting, that is a covered practice, the governing body shall cause to be published on the official website for the municipality the proposed covered practice and general notice of opportunity for public comment on the proposed BILL AS INTRODUCED AND PASSED BY SENATE S.298 Page 12 of 29 covered practice.

The governing body shall also publicize the notice through press releases and such other media as will best serve the purpose and subject involved.

Such notice shall be made at least 45 days in advance of the last date prescribed in the notice for public comment.

(2) Public comment shall be accepted for a period of not fewer than 30 days.

During this period, the governing body shall afford interested persons an opportunity to submit data, views, and arguments in writing by mail, fax, or email, or through an online public comment forum on the official website for the municipality if one has been established.

The governing body shall conduct at least one public hearing during this period to receive public comment on the proposed covered practice.

(3) The governing body may make changes to the proposed covered practice in response to public comment received.

If doing so, the revised covered practice shall be published and public comment shall be accepted in accordance with this subsection, except the public comment period shall be not fewer than 15 days.

(b)(1) Following the public comment period or periods prescribed in subsection (a) of this section, the governing body shall publish the final covered practice, which shall include a plain English description of the practice and the text of an ordinance giving effect to the practice, maps of BILL AS INTRODUCED AND PASSED BY SENATE S.298 Page 13 of 29 proposed boundary changes, or other relevant materials, and notice that the covered practice will take effect in 30 days.

(2) During the 30-day waiting period described in subdivision (1) of this subsection, any individual who will be subject to or affected by the covered practice may challenge in the Superior Court of the municipality where the covered practice is to be implemented the covered practice as:

(A) having the purpose or effect of denying or abridging the right to vote on the basis of race or color or membership in a language minority group;

or (B) resulting in the retrogression in the position of members of a racial or ethnic group with respect to their effective exercise of the electoral franchise.

(3) In an action described in subdivision (2) of this subsection, the court may, in its discretion, allow a private plaintiff a reasonable attorney’s fee as part of the costs, if such plaintiff is the prevailing party.

(c) The governing body of a municipality seeking to administer or implement a covered practice, in lieu of following the provisions of subsections (a) and (b) of this section, may submit the proposed covered practice to the Office of the Attorney General for issuance of a Certification of No Objection.

The practice shall not be given effect until the Attorney General has issued the certification.

A Certification of No Objection shall be BILL AS INTRODUCED AND PASSED BY SENATE S.298 Page 14 of 29 deemed to have been issued if the Attorney General does not interpose an objection within 60 days after the governing body’s submission or if, upon good cause shown and to facilitate an expedited approval within 60 days after the governing body’s submission, the Attorney General has affirmatively indicated that no such objection will be made.

An affirmative indication by the Attorney General that no objection will be made or the absence of an objection to the covered practice by the Attorney General shall not bar a subsequent action to enjoin enforcement of such qualification, prerequisite, standard, practice, or procedure.

§ 2823.

NOTICE REQUIREMENTS (a) In addition to the requirements set forth in section 2822 of this title, notice shall be published prior to enactment in a newspaper having general circulation in the election district or ward once a week for two successive weeks.

The published notice shall state where descriptions and maps of proposed boundary and polling place changes may be inspected.

(b) Notice of any adopted change in any election district, ward, or polling place shall be mailed to all registered voters whose election district, ward, or polling place is changed at least 15 days prior to the next general, special, or primary election in which the voters will be voting in the changed election district, ward, or polling place.

BILL AS INTRODUCED AND PASSED BY SENATE S.298 Page 15 of 29 (c) Each municipality shall comply with the applicable requirements of law and send copies of enacted changes, including a geographic information system (GIS) map showing the new boundaries of the districts or wards, to the Secretary of State.

Any municipality that does not have GIS capabilities may request the Secretary of State to create on its behalf a GIS map showing the boundaries of the new districts or wards, and the Secretary of State shall create such a map.

Subchapter 4.

At-Large Method of Election § 2831.

AT-LARGE METHOD OF ELECTION;

LIMITATIONS;

VIOLATIONS;

REMEDIES (a) An at-large method of election, including one that combines at-large elections with district- or ward-based elections, shall not be imposed or applied by the governing body of any municipality in a manner that impairs the ability of members of a protected class to elect candidates of its choice or its ability to influence the outcome of an election, as a result of the dilution or the abridgement of the rights of voters who are members of a protected class.

(b) A violation of subsection (a) of this section is established if it is shown that racially polarized voting occurs in the local election and that, in combination with the method of election, the voting strength of members of a protected class is diluted.

A finding of racially polarized voting or a violation of subsection (a) of this section shall not be precluded by the fact that BILL AS INTRODUCED AND PASSED BY SENATE S.298 Page 16 of 29 members of a protected class are not geographically compact or concentrated in a municipality.

Proof of an intent on the part of voters or elected officials to discriminate against members of a protected class shall not be required to prove a violation of subsection (a) of this section.

(c) Any voter who is a member of a protected class and who resides in a municipality where a violation of this section is alleged shall be entitled to initiate a cause of action in the Superior Court in the county in which the alleged violation has occurred.

In such action, the court may, in its discretion, allow a private plaintiff a reasonable attorney’s fee as part of the costs, if such plaintiff is the prevailing party.

(d) Upon a finding of a violation of this section, the court shall implement appropriate remedies that are tailored to remedy the violation.

Subchapter 5.

Voter Education and Outreach Fund § 2841.

VOTER EDUCATION AND OUTREACH FUND There is hereby created in the State Treasury a special nonreverting fund to be known as the Voter Education and Outreach Fund, referred to in this section as the Fund.

All penalties and charges directed to this Fund by subchapter 7 of this chapter and all other funds from any public or private source directed to the Fund shall be paid into the State Treasury and credited to the Fund.

Interest earned on monies in the Fund shall remain in the Fund and be credited to it.

Any monies remaining in the Fund, including interest thereon, at the end BILL AS INTRODUCED AND PASSED BY SENATE S.298 Page 17 of 29 of each fiscal year shall not revert to the General Fund but shall remain in the Fund.

Monies in the Fund shall be used solely for the purposes of educating voters and persons qualified to be voters on the rights ensured to them pursuant to federal and State constitutional and statutory law and remedies.

The State Treasurer shall make expenditures and disbursements from the Fund upon written request signed by the Secretary of State or the Secretary’s designee.

Subchapter 6.

Election Interference § 2851.

INTIMIDATION OF ELECTION OFFICERS Any person who, by bribery, intimidation, threats, coercion, or other means in violation of the election laws, willfully hinders or prevents, or attempts to hinder or prevent, an election officer at any polling place from holding an election shall be imprisoned not more than two years or fined not more than $2,000.00, or both.

§ 2852.

INTIMIDATION OF VOTERS;

CIVIL CAUSE OF ACTION (a) Any person who intimidates, threatens, or coerces, or attempts to intimidate, threaten, or coerce, any other person in giving the person’s vote or ballot or who intimidates, threatens, or coerces, or attempts to intimidate, threaten, or coerce, a voter to deter or prevent the voter from voting shall be imprisoned not more than two years or fined not more than $2,000.00, or both.

BILL AS INTRODUCED AND PASSED BY SENATE S.298 Page 18 of 29 (b) In addition to the criminal penalty provided in subsection (a) of this section, such actions shall also create a private cause of action.

A voter who is intimidated, threatened, or coerced by another person in violation of subsection (a) of this section shall be entitled to institute an action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, against such person.

The action shall be initiated in the Superior Court in the county in which the alleged violation has occurred.

In any such action, the court may, in its discretion, allow a private plaintiff a reasonable attorney’s fee as part of the costs, if such plaintiff is the prevailing party.

(c) This section applies to any election and to any method used by a political party for selection of its nominees and for selection of delegates to its conventions and meetings.

§ 2853.

COMMUNICATION OF FALSE INFORMATION TO REGISTERED VOTER (a) It shall be unlawful for any person to communicate to a registered voter, by any means, false information, knowing the same to be false, intended to impede the voter in the exercise of the voter’s right to vote.

The provisions of this section shall apply to information only about the date, time, and place of the election, or the voter’s ward, polling place, or voter registration status, or how to register to vote.

BILL AS INTRODUCED AND PASSED BY SENATE S.298 Page 19 of 29 (b) Any person who violates the provisions of subsection (a) of this section shall be imprisoned not more than six months or fined not more than $1,000.00, or both.

A violation may be prosecuted in the Superior Court in either the county in which the alleged communication was made or in the county in which the communication was received, if different.

(c) In addition to the criminal penalty provided in subsection (b) of this section, a violation of the provisions of this section shall also create a private cause of action.

A registered voter to whom such false information is communicated shall be entitled to institute an action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, against the person communicating such false information.

The action shall be initiated in the Superior Court in either the county in which the alleged communication was made or in the county in which the communication was received, if different.

In any such action, the court may, in its discretion, allow a private plaintiff a reasonable attorney’s fee as part of the costs, if such plaintiff is the prevailing party.

§ 2854.

INTERFERENCE WITH VOTING (a) Any person acting under the color of law who, contrary to an official policy or procedure, fails to permit, or refuses to permit, a qualified voter to vote, or who willfully fails or refuses to tabulate, count, or report the vote of a qualified voter, is subject to a civil penalty in an amount not more than BILL AS INTRODUCED AND PASSED BY SENATE S.298 Page 20 of 29 $1,000.00 for each affected voter.

Civil penalties shall be payable to the Voter Education and Outreach Fund established pursuant to 2841.

(b)(1) Any person who furnishes a ballot to a voter who that person knows cannot understand the language in which the ballot is printed and misinforms the voter as to the content of the ballot with an intent to deceive the voter and induce the voter to vote contrary to the voter’s desire shall be imprisoned not more than six months or fined not more than $1,000.00, or both.

(2) Any person who changes a ballot of a voter to prevent the voter from voting as the voter desires shall be imprisoned not more than six months or fined not more than $1,000.00, or both.

(3) This subsection applies to any election and to any method used by a political party for selection of its nominees and for selection of delegates to its conventions and meetings.

Subchapter 7.

Enforcement § 2861.

CIVIL ACTIONS BY ATTORNEY GENERAL (a) Whenever the Attorney General has reasonable cause to believe that a violation of this chapter has occurred and that the rights of any voter or group of voters have been affected by such violation, the Attorney General may initiate a civil action in the Superior Court in the county in which the alleged violation has occurred for appropriate relief.

(b) In such civil action, the court may:

BILL AS INTRODUCED AND PASSED BY SENATE S.298 Page 21 of 29 (1) Award such preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of this title, as is necessary to ensure the full enjoyment of the rights granted by this title.

(2) Assess a civil penalty against the respondent in an amount not more than $5,000.00 for a first violation and in an amount not more than $25,000.00 for any subsequent violation.

Such civil penalties are payable to the Voter Education and Outreach Fund established pursuant to section 2841 of this title.

(3) Award a prevailing plaintiff reasonable attorney’s fees and costs.

(c) The court or jury may award such other relief to the aggrieved person as the court deems appropriate, including compensatory damages and punitive damages.

* * * Counting Offenders in Reapportionment of Legislative Districts * * * Sec.

2.

17 V.S.A.

§ 1913 is added to read:

§ 1913.

COUNTING OF OFFENDERS (a) Department of Corrections determination and sharing of offender residential information.

(1) The Department of Corrections shall:

(A) for each offender in the Department’s custody, determine the offender’s residential address prior to incarceration;

and BILL AS INTRODUCED AND PASSED BY SENATE S.298 Page 22 of 29 (B) maintain an electronic record of offenders’ residential addresses prior to incarceration that shall determine the offenders’ residential addresses prior to incarceration on the date for which the decennial census reports population.

(2) On or before May 1 of the year following each decennial census under the authority of Congress and in which the U.S.

Census Bureau counts any offender as a resident of the town in which the offender’s respective correctional facility is located, the Department of Corrections shall deliver to the Legislative Apportionment Board, in a form as prescribed by the Board, the following information as determined on the date for which the decennial census reports population:

(A) a unique identifier for each offender subject to the jurisdiction of the Department of Corrections;

(B) the street address of the correctional facility in which each offender was incarcerated;

(C) for each offender, an indication of whether the offender:

(i) has attained 18 years of age;

and (ii) is serving a sentence of life imprisonment without the possibility of release;

BILL AS INTRODUCED AND PASSED BY SENATE S.298 Page 23 of 29 (D) each offender’s in-state residential address prior to incarceration, or an indication that the offender’s residential address prior to incarceration was:

(i) outside Vermont;

or (ii) unknown;

and (E) any additional information requested by the Board otherwise permitted by law.

(b) Legislative Apportionment Board use of offender address information.

(1) For each offender included in a report received under subsection (a) of this section, the Board shall determine the geographic units for which population counts are reported in the decennial census, which units contain the address of the correctional facility in which an offender was incarcerated, and which contain an offender’s residential address prior to incarceration.

(2) If an offender’s residential address prior to incarceration is known and is located within the State, the Board shall ensure that when creating proposals for dividing the State into initial districts for the election of the House of Representatives and the Senate, as described in sections 1905, 1906, and 1907 of this title, the relevant population counts reported in the decennial census are adjusted so that an offender is considered to have been residing at the offender’s residential address prior to incarceration and not at the address of the correctional facility where the offender was incarcerated.

BILL AS INTRODUCED AND PASSED BY SENATE S.298 Page 24 of 29 (3) If an offender’s residential address prior to incarceration is unknown or not in this State, the Board shall ensure that an offender is not represented in any applicable population count reported in the decennial census for the geographic units that include the correctional facility in which an offender was incarcerated.

(4) Notwithstanding subdivisions (1)–(3) of this subsection, if an offender is serving a sentence of life imprisonment without the possibility of release, the Board shall ensure that an offender is represented in the applicable population count reported in the decennial census for the geographic units that include the correctional facility in which an offender was incarcerated.

(5) The Board shall prepare and publish such information, both adjusted and unadjusted, pursuant to this subsection as part of its tentative proposal, as described in sections 1905 and 1907 of this title, and any subsequent proposals, including the Board’s final proposal, as described in section 1906 of this title.

(c) Confidentiality of offender information.

Notwithstanding any other statute to the contrary, the information required to be provided under this section shall not include the name of any offender or in any other way allow for the identification of the individual.

This information is exempt from public inspection and copying under the Public Records Act and shall be kept confidential, except to the Board for the purposes of subsection (b) of this BILL AS INTRODUCED AND PASSED BY SENATE S.298 Page 25 of 29 section or as aggregated by decennial census block for the purposes of subdivision (b)(5) of this section.

(d) Definition.

As used in section, “offender” has the same meaning as in 28 V.S.A.

§ 3(8).

* * * Conforming Amendments * * * Sec.

3.

REPEALS (a) 17 V.S.A.

§ 1933 (nonperformance of duty by public officer) is repealed.

(b) 17 V.S.A.

§ 2569 (assistance to voter) is repealed.

Sec.

4.

17 V.S.A.

§ 2570 is amended to read:

§ 2570.

DEPOSITING BALLOTS * * * (c) Except as provided in section 2569 2812 of this title, no election official or other person shall look at the contents of any ballot.

* * * Effective Date * * * Sec.

5.

EFFECTIVE DATE This act shall take effect on January 1, 2027.

* * * Vermont Voting Rights Act * * * Sec.

1.

Rights of Voters BILL AS INTRODUCED AND PASSED BY SENATE S.298 Page 26 of 29 § 2801.

VOTE DENIAL OR DILUTION (a) No voting qualification or prerequisite to voting or standard, practice, or procedure shall be imposed or applied by the State or any municipality in a manner that results in a denial or abridgement of the right of any citizen of the VT LEG #388037 v.1 AS PASSED BY SENATE S.298 Page 2 of 8 United States to vote based on race or color or membership in a language minority group.

CIVIL ACTIONS BY ATTORNEY GENERAL (a) Whenever the Attorney General has reasonable cause to believe that a violation of this subchapter has occurred and that the rights of any voter or group of voters have been affected by such violation, the Attorney General VT LEG #388037 v.1 AS PASSED BY SENATE S.298 Page 3 of 8 may initiate a civil action in the Civil Division of the Superior Court in the county in which the alleged violation has occurred for appropriate relief.

(1) award such preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for BILL AS INTRODUCED AND PASSED BY SENATE S.298 Page 27 of 29 a violation of this title, as is necessary to ensure the full enjoyment of the rights granted by this title;

VT LEG #388037 v.1 AS PASSED BY SENATE S.298 Page 4 of 8 (2) refuse or fail to tabulate, count, or report the vote of a qualified voter;

INTIMIDATION OF ELECTION OFFICERS (a) A person shall not intentionally, by bribery, intimidation, threats, coercion, or other means in violation of the election laws, hinder or prevent, or BILL AS INTRODUCED AND PASSED BY SENATE S.298 Page 28 of 29 attempt to hinder or prevent, an election officer at any polling place from holding an election.

VT LEG #388037 v.1 AS PASSED BY SENATE S.298 Page 5 of 8 (b) A person who violates this section shall be imprisoned not more than two years or fined not more than $2,000.00, or both.

VT LEG #388037 v.1 AS PASSED BY SENATE S.298 Page 6 of 8 (d) This section applies to any election and to any method used by a political party for selection of its nominees and for selection of delegates to its conventions and meetings.

BILL AS INTRODUCED AND PASSED BY SENATE S.298 Page 29 of 29 (c) In addition to the criminal penalty provided in subsection (b) of this section, a violation of the provisions of this section shall also create a private cause of action.

VT LEG #388037 v.1 AS PASSED BY SENATE S.298 Page 7 of 8 The action shall be initiated in the Superior Court in either the county in which the alleged communication was made or in the county in which the communication was received, if different.

* * * VT LEG #388037 v.1 AS PASSED BY SENATE S.298 Page 8 of 8 * * * Effective Date * * * Sec.

VT LEG #388037 v.1