Law change means Vt. must move up primary
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By DANIEL BARLOW VERMONT PRESS BUREAU - Published: November 5, 2009
MONTPELIER – A new federal law will require Vermont to set an earlier primary election date, just as a host of Democrats are clamoring to replace the retiring Republican Gov. James Douglas.
Vermont's primary is now set for Tuesday, Sept. 14, 2010, but the federal law passed last month by the U.S. Congress requires states to send out absentee ballots to overseas voters at least 45 days before an election.
That makes the timeline between the Sept. 14 date and the November 2, 2010 general election very difficult for Vermont election officials.
"There just would not be enough time to certify the elections, prepare and print the new ballots and then send them out to Vermonters overseas," said Secretary of State Deb Markowitz, who has advocated for changing the primary date for the last decade.
Markowitz, a Democrat running for governor next year, said she will push for the Vermont Legislature to change the date to an earlier one in August when lawmakers return to Montpelier in January. If that effort fails, the state could file for a waiver, she said.
She did the same earlier this year. The Vermont Senate passed a measure this year that moved the primary to Aug. 24 – the fourth Tuesday in the month — but lawmakers in the House did not take up the measure because it was not seen as a priority.
The new federal law, signed by President Obama in late October, was designed to protect the voting rights of the U.S. military serving overseas. Many of them request absentee ballots for major elections, which would need to be mailed to military bases in countries such as Afghanistan and Iraq.
At the time of the 2010 general election, Vermont is expected to see about 1,500 of its National Guard troops serving in Afghanistan. More than a dozen other states are also now considering moving the primary, including New Hampshire and Massachusetts.
Rep. Donna Sweeney, D-Windsor, the chairwoman of the House Government Operations Committee, said Wednesday that she will absolutely take up the issue in January. She said she has not determined when would be a good date to pick, but said she is satisfied with the date selected by the Senate.
"We have the Senate bill," she said. "And we'll be speaking with the Secretary of State's Office to see how to proceed."
A Pew Center for the States report in January found problems with mailing ballots overseas in 25 states, including Vermont. The report found that it sometimes took weeks to get ballots to members of the military and sometimes were returned too late to be counted.
The debate over when Vermont's primary should be will come in a year that the primary is more relevant than ever because it will decide who a political party's nominee is for several key statewide races, including governor.
Four Democrats have announced runs for governor next year: Markowitz, Chittenden Sen. Doug Racine, Lamoille Sen. Susan Bartlett and former State Sen. Matt Dunne. Senate President Pro Tem Peter Shumlin, a Windham Democrat, is expected to announce later this month.
On the Republican side is Lt. Gov. Brian Dubie, who is not expected to face a primary challenge. It's not yet clear if the Progressive Party will run a candidate for governor next year.
The Senate's 21-9 vote to move the primary date was mostly along party lines, with most Republicans opposing it and accusing Democrats of trying to move the goal posts to give the nominee more time to campaign in the general election.
At the time of that vote, Douglas' spokesperson said he was opposed to the change, saying Senate Democrats were motivated by their political futures in the vote.
That sentiment was echoed by top Senate Republicans, including several that may be seeking higher office next year as well, such as Sen. Randy Brock of Franklin County and Sen. Phil Scott of Washington County (both are considering runs for Dubie's seat).
But at least one Republican running for higher office – Williston's Chris Roy – believes the state needs to change the primary to August. Roy is a candidate to replace Markowitz, who will step down to run for governor (Roy also faces a probably Republican primary in that race).
"Our military serving overseas should have the opportunity to vote without worrying that their ballots will show up late," Roy said.
Roy acknowledged that some politicians cried politics earlier this year when the Senate voted, but he said an early primary could benefit any party or race.
"It could be the Democrats next year," he said. "In the election after that, it could benefit the Republicans."
Markowitz agreed with that assessment, saying any decision made about when an election happens gets bogged down in accusations of politics.
"The bottom line is that our military is oversees fighting for the country," she said. "They clearly have the right to vote in the election."
Daniel.Barlow@timesargus.com
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