Vermont

Overview

Vermont Redistricting Process

Congressional

As of the 2020 Census, Vermont has only one at-large congressional district.

Legislative

Primary Authority: Legislative plans are enacted by the Vermont General Assembly, subject to the Governor’s veto, with assistance from an advisory commission, the Legislative Apportionment Board. The General Assembly can override a veto with a 2/3 vote in each chamber. Democrats currently have veto-proof majorities in both chambers. [Vt. Const. § 73]

If a bill is presented to the governor during session, the governor has 5 days to sign or veto it; otherwise, it becomes law without signature. If the bill is delivered to the governor during the last 5 days of the session, the governor must sign or veto it within 3 days of transmittal; otherwise, it is pocket vetoed. Sundays are excluded from these calculations.

Advisory Commission: The Legislative Apportionment Board draws and submits legislative plan proposals to the General Assembly, which is free to enact or replace them.

  • Members: The Chief Justice of the Vermont Supreme Court appoints a special master who serves as chair. The Governor appoints one Vermont resident from each political party that has had three or more members serve in the General Assembly for at least three of the five biennial legislative sessions since the last taking of the decennial census. The state committees for those political parties each appoint one Vermont resident as well. The Secretary of State serves as the non-voting Secretary of the Board. [Vt. Stat. Ann. tit. 17, § 1904]
  • Timing: Members must be appointed on or before July 1 of years ending in 0. [Vt. Stat. Ann. tit. 17, § 1904]
  • Eligibility: The Governor’s and state party committees’ appointees must have been Vermont residents for at least 5 years immediately preceding their appointment. Commissioners are prohibited from serving as a member or employee of the General Assembly or of either chamber thereof. [Vt. Stat. Ann. tit. 17, § 1904]
  • Public Input & Transparency: After adopting a tentative state House plan, the Board must notify all boards of civil authority for those towns and cities which the plan combines with other towns and cities to form districts. Those boards of civil authority can then provide recommendations to the Board on or before August 1. The Board has authority to hold public hearings to collect information relevant to redistricting at its discretion, but none are explicitly required. [Vt. Stat. Ann. tit. 17, §§ 1905, 1906, 1908]

Backup Authority: If the General Assembly fails to enact legislative plans by its deadline, the Supreme Court can be petitioned to order the adoption of redistricting plans. [Vt. Const. § 73]

Mapping Timeline: The Legislative Apportionment Board must adopt a tentative House plan on or before July 1 of the year following the taking of the decennial census and local boards of civil authority must submit their recommendations, if any, to the Board by August 1. After receiving recommendations, the Board must adopt and submit its final House proposal to the Clerk of the Vermont House on or before August 15 of that year. The Board must adopt and submit its final Senate proposal to the clerk of the Vermont Senate on or before July 1 of the year following the taking of the decennial census. The General Assembly must enact final legislative plans by the end of its biennial session following the taking of the decennial census. [Vt. Const. § 73; Vt. Stat. Ann. tit. 17, §§ 1903, 1905, 1906, 1907]

Redistricting Criteria: As nearly equal in population as is practicable; Preserve existing political subdivision lines; Recognize and maintain patterns of geography, social interaction, trade, political ties, and common interests; Compact; Contiguous. Multi-member districts permitted. [Vt. Const. § 73; Vt. Stat. Ann. tit. 17, § 1903]

Map Challenges: Within 30 days of an enacted redistricting plan’s effective date, any 5 or more Vermont voters can petition the Vermont Supreme Court to challenge it as violating the state’s constitutional or statutory requirements. The Vermont Supreme Court has the discretion to appoint one or more Justices, Superior judges, or masters to take testimony and make findings of fact in such challenges. If the challenge is successful, the Court returns the plan to the General Assembly for correction in accordance with its decision and opinion and the Court retains jurisdiction until a lawful plan has been enacted. [Vt. Stat. Ann. tit. 17, § 1909]


Ballot Measure & Referendum Processes

Types of Measures: Only the Vermont Legislature can refer amendments to the ballot. There is no initiative or referendum process. [Vt. Const. § 72]


Previous Redistricting Cycles

2020

  • Congressional
    • N/A (At-large)
  • Legislative
    • Original PlansH.722
      • Passed = March 30, 2022 (Split control)
      • Signed = April 6, 2022
    • Litigation History
      • None

2010

  • Congressional
    • N/A (At-large)
  • Legislative
    • Original PlanH. 789
      • Passed = April 30, 2012 (D-controlled)
      • Signed = May 1, 2012
    • Litigation History
      • None

2000

  • Congressional
    • N/A (At-large)
  • Legislative
    • Original PlanH. 761
      • Passed = June 13, 2002 (Split-control)
      • Signed = June 27, 2002
    • Litigation History
      • In re Reapportionment of Towns of Woodbury and Worcester, 2004 VT 92 (Vt. 2004): Citizens from two towns challenged the Legislature’s enacted state House plan as violating state constitutional and statutory redistricting criteria relating to compactness, contiguity, respect for municipal boundaries, protecting communities of interest, and population equality. On September 13, 2004, the Vermont Supreme Court rejected the plaintiffs’ challenges and upheld the plan.

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