Vermont Supreme Court Okays Noncitizen Voting in Municipal Elections

The Vermont Supreme Court on Friday ruled that the city of Montpelier didn’t violate the state constitution by allowing foreign nationals To vote in municipal elections.

The lawsuit stemmed from a 2018 amendment to Montpelier’s charter, which permits “noncitizen voters” to “register to vote in Montpelier City elections.” The amendment was placed on that year’s general election ballot and approved by voters.

Vermont Gov. Phil Scott, a Republican, vetoed the General Assembly’s authorization of the changes in June 2021, only to have his veto overridden.

The Constitution was adopted in 1777. Vermont Constitution It has been listed U.S. citizenship This is a condition that one must fulfill to be entitled to the benefits. “the privileges of a voter in this state.” Friday’s decision (pdfHowever, the legal precedent and careful reading of this provision prove that local elections can have different voter qualifications to statewide ones.

“The text of Section 42 reviewed through a historical lens and our precedents support the conclusion that Section 42 does not apply to municipal elections,” The panel consisted of five judges, Chief Justice Paul Reiber included.

Vermont Republican Party supported the original complaint. They argued that the nature and character of municipal elections had changed so significantly since the Revolutionary Era that it was no longer valid. “all Vermont elections affect statewide affairs and therefore must be conducted in accordance with” Section 42. This argument was rejected by the judges.

“This Court has stated that the framers drafted Chapter II with an intent to form ‘a plan for the general government of the State,’” The judges made the following remarks.

“The idea that the Constitution sought to provide a framework for statewide government specifically and therefore the provisions in Chapter II do
not apply to local government … is prevalent throughout our precedents.”

Phil Scott, who was reelected to a second term in 2022, said in his veto message that he wanted the state Legislature to take time to debate on that matter and come up with a consistent policy, instate of simply approving each town’s proposed changes.

“This is an important policy discussion that deserves further consideration and debate,” Scott spoke to the legislators. “Allowing a highly variable town-by-town approach to municipal voting creates inconsistency in election policy, as well as separate and unequal classes of residents potentially eligible to vote on local issues.

“I believe it is the role of the Legislature to establish clarity and consistency on this matter. This should include defining how municipalities determine which legal residents may vote on local issues, as well as specifying the local matters they may vote on.”