Whether, following amendments to the Vermont Constitution, chapter II, sec. 42, and to 17 V.S.A. § 2121, individuals who turn 18 not later than the date of the general election are eligible to vote in preceding primaries for both statewide and presidential races.

Eve Jacobs-Carnahan From: Eve Jacobs-Carnahan Sent: Wednesday, June 29, 2011 9:50 AM To: 'Kathleen Scheele' Cc: Bill Griffin; Janet Murnane Subject: constitutional amendment and H420 re voting age Kathy, I am responding to your June 2, 2011, email to Janet Murnane regarding the change in voting age for primary elections. You have asked for an informal opinion from our office regarding the interpretation of the amendments to Vermont Constitution, chapter II, sec. 42 and to 17 VSA 2121. These provisions allow individuals who turn 18 not later than the date of the general election to vote in the preceding general election. The question you pose is whether this includes the primaries for both statewide elections and presidential races. We have examined the issue here and come to the conclusion, as you did, that the law allows young voters to vote in both primaries leading up to the general election. If you have any questions, please feel free to contact me. Eve Eve Jacobs-Carnahan Assistant Attorney General Vermont Attorney General's Office 109 State St. Montpelier, VT 05609-1001 (802) 828-0370 1 From: Kathleen Scheele [mailto:kscheele@sec.state.vt.us Sent: Thursday, June 02, 2011 11:00 AM To: Janet Murnane Subject: Constitutional Amendment and H. 420 re voting age Good morning Janet, A constitutional amendment was passed at the last general election which amended section 42 to read: "Every person who will attain the full age of eighteen years by the date of the general election shall be entitled to vote in the primary election." On June 1, 2011, the Governor signed H. 420 into law which contained an amendment of 17 V.S.A.$2121 Eligibility of Voters. The new language is "(b) Any person meeting the requirements of subdivisions (a) (1)-(3) of this section who will be 18 years of age on or before the date of a general election may register and vote in the primary election immediately preceding that general election." The purpose of the statutory amendment was to modify the statute to make the same provision as the constitution regarding age and eligibility to vote in the primary election. Currently Vermont holds its Presidential Primary on the first Tuesday of March and the remaining state office candidates are nominated at the Primary Election on the fourth Tuesday of August. The question that has arisen is whether the Constitutional Amendment shall be read to include both the Presidential Primary and the August state Primary Election so that persons who will turn 18 not later than the date of the general election would be able to vote in both primaries. Although some may argue that the language "in the primary election" in the constitutional amendment is singular, we believe it could be read to include both primaries which are the nominating processes preceding the general election. We respectfully request an informal opinion from the Office of the Attorney General on this question. Kathleen C. Scheele Director of Elections and Campaign Finance Vermont Office of the Secretary of State 26 Terrace Street, Montpelier, VT 05609-1101 802-828-2304 http://www.sec.state.vt.us, Click on Elections