Constitutional Amendment Proposals

Two points in the majority election process need to be remembered as they currently exist in Vermont’s constitution, Chapter II, §47—first, that candidates for Governor, Lieutenant-Governor, and Treasurer need a 51% majority to win the vote, and second, if that does not happen, it is decided by vote of the Legislature when they next meet.

Various constitutional amendment proposals have been put forth since 1971 to change the majority election process. These proposals have attempted to change the who, the how, or the when of the process. Some try to change the method of election to a plurality, rather than majority requirement. Some propose a special second election of run-off voting in cases where a majority (or plurality) is not attained, in lieu of having the legislature decide the election. The proposals are usually some combination of the above factors, with similar ideas circling back around, sometimes with other factors added such as which offices are effected, or adding in term limitations. Interestingly, no proposals have called for instant run-off voting, though three bills were introduced in the 2001-2002 session (H.175, S.50, and S.94) that would have changed Vermont’s election process entirely.

The majority of the proposals died in the senate committee, but three proposals in 1971, 1975, and 1988 passed the senate and met their end in the House. An additional proposal in 1971 actually passed both the House and the Senate and met the approval of the Governor, only to be rejected by the people when it went to vote at Town Meeting Day, 1974.

The most recent implementation of this section of the constitution was in the 2014 Gubernatorial election. Incumbent Governor Peter Shumlin did not obtain a majority vote and the election was decided in his favor by the Vermont Legislature on January 8, 2015. Fifteen years earlier, Senator Shumlin sponsored the second constitutional amendment proposal of 1999 that called for the election of Governor, Lieutenant Governor and Treasurer by plurality vote.

For more information on the amendment process, see Amending the Constitution.

Constitutional Amendment Proposals Related to Majority Requirement

2015-2016

PR2 — This proposal would amend the Constitution of the State of Vermont to provide that if a candidate for the office of Governor, Lieutenant-Governor, or Treasurer does not receive the required majority vote in the general election, then instead of the General Assembly electing that officer, a runoff election between the two candidates receiving the greatest number of votes cast shall be held on the first Tuesday in December to determine the winner. (Sent to Senate Committee on Government Operations January 15, 2015.)

PR3 — This proposal would amend the Constitution of the State of Vermont to provide for the election of the Governor, Lieutenant-Governor, and Treasurer by plurality vote, provided that the candidate receives at least 45 percent of the votes cast. If no candidate receives at least 45 percent of the votes, then a runoff election between the two candidates receiving the greatest number of votes cast shall be held on the first Tuesday in December to determine the winner. (Sent to Senate Committee on Government Operations January 22, 2015.)

2011-2012

PR3 — This proposal would amend the Constitution of the State of Vermont to provide that the term of office for Governor, Lieutenant Governor, Treasurer, Secretary of State, Auditor of Accounts, High Bailiffs, and Justices of the Peace be four years, and that the Governor, Lieutenant Governor, and Treasurer be elected by plurality vote, beginning with the term commencing after the general election in November 2016. (Sent to Senate Committee on Government Operations February 11, 2011; never emerged.)

PR5 — This proposal would amend the Constitution of the State of Vermont to provide for election of the Governor, Lieutenant-Governor, and Treasurer by plurality vote, provided the candidate receive at least 40 percent of the votes cast. If no candidate receives at least 40 percent of the votes, then a runoff election between the two candidates receiving the greatest number of votes cast shall be held on the first Tuesday in December to determine the winner. (Sent to Senate Committee on Government Operations January 3, 2012; never emerged.)

2007-2008

PR6 — This proposal would amend the Constitution of the state of Vermont to allow the General Assembly to establish requirements for the election of Governor, Lieutenant Governor, Treasurer, Secretary of State, and Auditor of Accounts (sent to Senate Committee on Government Operations January 23, 2008; never emerged).

2003-2004

PR1 — Providing for election of the Governor, Lieutenant-Governor, and Treasurer by plurality vote, provided the candidate receive at least 40 percent of the votes cast. If no candidate receives at least 40 percent of the votes, then a runoff election between the two candidates receiving the greatest number of votes cast shall be held on the first Tuesday in December to determine the winner. (Sent to Senate Committee on Government Operations January 28, 2003, never emerged.)

PR2 — Allowing the General Assembly to establish requirements for the election of Governor, Lieutenant‑Governor, Treasurer, Secretary of State, and Auditor of Accounts. (Sent to Senate Committee on Government Operations January 29, 2003, never emerged.)

1999-2000

PR2 — Providing for the election of the Governor, Lieutenant Governor and Treasurer by plurality vote. (Sent to Senate Committee on Government Operations January 21, 1999, never emerged.)

1991-1992

PR8 — Providing for the election of statewide officers by a plurality vote (rather than by a majority). (Sent to Senate Committee on Government Operations, January 25, 1991; never emerged.)

1987-1988

PR5 — Provides for plurality to elect Governor, Lieutenant-Governor, Treasurer, Secretary of State, and Auditor of Accounts, a special run-off election if no candidate receives at least forty percent of the popular votes, and legislative canvassing of certificates of votes rather than ballots. (Passes the Senate; referred to House Committee on Government Operations, March 8, 1988; never emerged.)

1979-1980

PR3 — Provides for the election of state officers by plurality vote with special election as run-off for the two candidates having the largest number of votes if no candidate receives at least forty percent. (Rejected by Senate, April 14, 1980.)

1975-1976

PR1 — Election of state officers by plurality vote. (Rejected by Senate, March 19, 1976.)

PR3 — Special elections for offices for which no majority vote is available; canvassing of state candidates by certificate of votes, not ballots; four year terms for state officers. (Passed Senate; referred to House Judiciary Committee, March 19, 1976; never emerged.)

1971-1972

PR1 — Makes the Attorney General a constitutional officer. Changes two-year terms for constitutional officers to four-year terms. Modernizes the canvassing of votes for constitutional officers, and provides for a run-off election in the event no candidate receives a majority of the votes. Authorizes the Supreme Court to incorporate, rearrange and renumber amended sections into the present constitution. Eliminates the office of Secretary of Civil and Military Affairs. (Rejected by the people, March 4, 1974.)

PR2 — Requires a special election for Governor or any other state officer when no candidate has received a majority vote in the General Election between the two candidates with the largest number of votes, in lieu of legislative election. Makes the Attorney General a constitutional officer. Makes the Auditor of Accounts a four year term elected by the General Assembly (later eliminated by amendment of the proposal). Clarifies Section 22 to ensure that all commissions are attested by the Secretary of State. (After Senate proposal, returned to custody of Senate from the House and recommitted March 10, 1971, to the Judiciary Committee, from which it never emerged.)