VT IO-2011-06-29 2011-06-29

After Vermont voters amended the state constitution to let people who turn 18 by general election day vote in 'the primary election,' does that include both the presidential primary in March and the state primary in August?

Short answer: Yes. Although the constitutional language uses the singular 'the primary election,' both the presidential primary and the state primary are nominating processes preceding the general election. The Vermont AG informally agreed with the Director of Elections that 17-year-olds who will turn 18 by general election day can vote in both primaries.

Disclaimer: This is an official Vermont Attorney General opinion. AG opinions are persuasive authority but not binding precedent. This summary is for informational purposes only and is not legal advice. Consult a licensed Vermont attorney for advice on your specific situation.

Plain-English summary

In 2010 Vermont voters amended Chapter II, Section 42 of the state constitution to expand voting eligibility: "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." In 2011, the legislature passed H. 420 to mirror the change in 17 V.S.A. § 2121.

Director of Elections Kathleen Scheele asked the AG whether the change applied only to the August state primary or also to the March presidential primary. Both are "primary elections" preceding the general election, but the constitutional language is singular ("the primary election").

The AG (Eve Jacobs-Carnahan, Assistant Attorney General) agreed informally that the change applies to both. The reasoning was simple: although the constitutional text uses the singular, it can fairly be read to include both nominating processes that precede the general election. So a 17-year-old who will turn 18 by general election day in November can vote in both the March presidential primary and the August state primary.

Currency note

This opinion was issued in 2011. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

The 2010 constitutional amendment and the 2011 statutory amendment to § 2121 are both still in force as of this writing, so the basic answer (17-year-olds can vote in both primaries if they turn 18 by general election day) likely still applies. But the specifics of voter registration timing, election dates, and primary procedures may have changed. Anyone advising a young voter on eligibility should consult the current versions of the Vermont Constitution, Title 17, and Secretary of State guidance.

Historical summary

Before the 2010 constitutional amendment, Vermont required voters to be 18 at the time of any election they wanted to participate in. That meant a 17-year-old who would be 18 by general election day could vote in the November general but not in the spring or summer primaries that selected the candidates for that general election.

The 2010 amendment fixed that asymmetry. Under the new language, eligibility for the primary tracks general-election eligibility. A young voter who will turn 18 by general election day can vote in both the primary and the general.

The implementing statute, 17 V.S.A. § 2121(b), reads: "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 interpretive question was whether "the primary election" (singular) includes both Vermont primary processes:

The Presidential Primary on the first Tuesday of March (in presidential years).
The state primary for state-office candidates on the fourth Tuesday of August.

The AG concluded both qualify. Both are "the nominating processes preceding the general election." The constitutional text's use of the singular does not exclude additional primaries when multiple primary processes occur in the same election year.

The opinion is informal (an email exchange between the AG's office and the Director of Elections), so its persuasive weight is more limited than a formal opinion. But it has guided practice in Vermont since 2011.

Citations and references

Statutes and Constitution:
- Vermont Constitution, Chapter II, Section 42
- 17 V.S.A. § 2121
- H. 420 (2011)

Source

Landing page: https://ago.vermont.gov/about-attorney-generals-office/attorney-general-opinions
Original PDF: https://ago.vermont.gov/sites/ago/files/2025-11/IO%206-29-11.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain, the linked PDF is authoritative.

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

[Original inquiry from Kathleen Scheele to Janet Murnane:]

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