A detailed and very readable article about the citizen petition was published in the Jan 11-17 issue of The Islander.
The article reported that the Selectboard questioned whether the ballot questions requested by the citizen petition were “binding” or merely “advisory.” A binding question is one that must be on the ballot at town meeting. Unfortunately, the article did not present the strong evidence in support of the view that the petition is indeed binding.
Here’s an explanation from the Vermont League of Cities & Towns about what makes a petition “binding” (https://www.vlct.org/voter-backed-petitions-faqs)…
[Q:] If a petition asks for a vote at the annual town meeting, is the selectboard required to place that article on the annual town meeting warning?
Yes, but only if:
- the subject of the petition is a matter over which the voters have been given specific authority in statute;
- the petition is received by the town clerk not less than 47 days before the date of the annual meeting; and
- the petition meets the other petition requirements of 17 V.S.A. § 2642(a)(3).
The petition specifically cites a section of Vermont Statute 24 V.S.A. § 4441 which gives voters in South Hero the authority to vote on the two requested articles articles .
Two days after the January 9 Selectboard meeting, a letter was sent to members of the Selectboard and Planning Commission explaining why the ballot questions requested in the Dec’22 citizen petition are binding. Here is a link to a copy of the letter…
