Vermont Supreme Court Upholds Noncitizen Voting in Burlington School Elections

In a significant decision regarding local governance and voting rights, the Vermont Supreme Court has upheld a ruling allowing noncitizens to participate in local school elections within the city of Burlington. The court’s decision affirms the legality of a 2023 charter amendment, effectively ending legal challenges to the city’s inclusive voting practices for school-related matters.

The Legal Challenge: A Dispute Over State vs. Local Authority

The ruling follows a lawsuit brought by two Burlington residents who contested the city’s 2023 charter amendment. The plaintiffs argued that the ability of noncitizens to vote in school elections violates the Vermont Constitution. Their central argument rested on the premise that because school budgets are funded by the state, any vote concerning those budgets is inherently a matter of state concern, which they claimed should be restricted to U.S. Citizens.

The case reached the state’s highest court after a lower court dismissed the lawsuit. The plaintiffs sought to overturn that dismissal, asserting that the constitutional requirements for voter eligibility should apply to all elections involving state-funded expenditures.

The Court’s Decision: Defining the Scope of School Elections

In a split decision delivered on Friday, the Vermont Supreme Court rejected the plaintiffs’ arguments. The court majority concluded that school elections do not constitute statewide elections, thereby distinguishing them from the broader constitutional requirements that govern state-level voting.

According to reporting from WCAX, the court found that the Burlington charter amendment does not violate existing voter-eligibility requirements under the state constitution. By maintaining that these elections are local in nature, the court provided a legal pathway for municipalities to determine their own eligibility requirements for school-specific governance.

A Dissenting Opinion

The decision was not unanimous. Justice Thomas Zonay offered a dissenting opinion, signaling a divide within the court regarding the intersection of local charter amendments and state constitutional mandates.

A Growing Trend in Vermont Municipalities

The Burlington ruling is not an isolated event. The practice of allowing noncitizens to vote in school-related elections has been seen in other parts of the state. The Vermont Supreme Court has previously upheld similar voting rights in both Montpelier and Winooski.

Currently, this specific voting structure applies to at least two Vermont school districts: Burlington and Winooski. While Montpelier also allows noncitizen voting, the legal framework for its implementation differs slightly from the Burlington model, as noted by MyChamplainValley.

Key Takeaways

• Court Ruling: The Vermont Supreme Court affirmed that noncitizens can legally vote in Burlington school elections.
• Legal Basis: The court ruled that school elections are local matters rather than statewide elections, meaning they do not trigger the same citizenship requirements.
• The Amendment: The decision protects Burlington’s 2023 charter amendment.
• Regional Context: Similar voting rights have already been upheld in Winooski and Montpelier.

Frequently Asked Questions

Does this ruling allow noncitizens to vote in all Burlington elections?

No. The ruling specifically pertains to the Burlington charter amendment regarding school elections and school budget matters, not general municipal or state elections.

Why did the plaintiffs believe this was unconstitutional?

The plaintiffs argued that because school budgets receive state funding, the elections are a state matter, and only U.S. Citizens should be permitted to vote on them under the Vermont Constitution.

Which other Vermont cities allow noncitizen voting in school elections?

As of the recent ruling, Winooski and Montpelier have also implemented or maintained similar voting rights for noncitizens in their school districts.