ESSEX, Vt. — Essex voters are casting ballots Tuesday on three local option taxes that cannot take effect on this vote alone, because the town failed to give legally required notice of the special town meeting, the Selectboard acknowledged at a hearing Monday night as residents said the error had shaken their confidence in the town's election.

Presenting the ballot questions at the Nov. 2 public hearing, the Selectboard said a special town meeting must be warned 30 to 40 days before the election, "which did not happen in this case." The statewide general election on the same ballot was properly warned, the board said.

After the error was found, the board held a special meeting on Oct. 12 and warned the special town meeting for Nov. 3. Because of the late notice, if any of the three questions pass, "a second election to uphold those votes would need to be held before the measures would be valid," the board said. It expects to hold any ratification votes at Town Meeting in March 2027.

'A glitch in our own town's election'

Resident Ralph Underkoffel asked what the board had done to make sure the mistake would not happen again.

A board member said it was "a realization for us as board members and oversight that happened," adding that the board had "been caught up with a lot of different things" and that it was "a hard thing to retrospectively fix without going back in time."

"With all of the talk on the national basis about election integrity and knowing, looking at the facts, how inaccurate a lot of that information is, to find a glitch in our own town's election doesn't really instill a lot of confidence, folks," Underkoffel said. He said the problem "has created some real apprehension among your constituents," while thanking board members and town leadership for their work.

Resident Mitch Darren said the board broke state law, which he said requires the question to come before an annual meeting or a properly warned meeting. "A ballot is not a warned public meeting," he said. "It was done wrong. You violated the law."

"What I wanted to see was we apologize, we messed up. I didn't see that," Darren said, adding that "trust has been violated big time." He said he did not learn about the questions until he received his ballot three weeks ago, called the situation "confusing to the voters," and said the questions "should be just canceled."

Resident Ken Signorello said the vote is effectively advisory "because the statutes were not read."

Darren recalled a local option tax proposal about 17 years ago that he said drew a packed meeting in a snowstorm, after which voters rejected the tax and the town budget and voted out a Selectboard member. "You don't upset the electorate," he said.

What's on the ballot

Each question would add a 1% tax, on retail sales, on meals and alcohol, and on rooms, with half of the town's proceeds dedicated to lowering the municipal property tax rate, according to the ballot language read at the hearing. The board said the other half could be assigned each year to more property tax relief, capital projects or equipment, voter-approved debt or other initiatives, including a new municipal complex. The money cannot be used for school costs.

The board estimated the taxes would bring in about $1.41 million a year, with the state keeping about $353,000 and the town receiving about $1.06 million. It called local option taxes "one of the last significant non-property tax revenue sources available."

Speakers questioned those numbers. Darren estimated he would save at most about $55 on his municipal tax bill while paying more in local option tax on online purchases. Signorello said much of the tax would likely be paid by Essex residents rather than visitors, and he and resident Margaret Smith said address mix-ups between Essex and Essex Junction could send revenue to the wrong place.

Polls are open Tuesday until 7 p.m. at Essex Middle School.