Vermont Judge Dismisses Lawsuit Challenging Local Noncitizen Voting in Burlington
A Vermont judge dismissed a lawsuit last week from a right-wing group challenging a Burlington law allowing noncitizen voting in local elections.
Restoring Integrity and Trust in Elections (RITE) filed the lawsuit on behalf of two Vermont voters in June, around a year after Burlington amended its city charter to allow noncitizens who are legal residents in the U.S. to vote in local elections. This includes voting on the education budget and the school board, which were at the center of this case.
Noncitizen voting is illegal in federal elections, but cities and towns can create policies to allow it in their municipal elections. New York City is another jurisdiction that allows local noncitizen voting, and a GOP lawsuit challenging the policy is being heard Tuesday in the state’s highest court.
A Vermont judge granted the city of Burlington’s motion to dismiss RITE’s case Friday, rejecting the group’s argument that since the city’s education funding is decided by local voters but paid for by the state, the policy violates the Vermont Constitution, which requires U.S. citizenship to cast a vote on “any matter that concerns the State of Vermont.”
The two voters also initially argued that their votes would be diluted by noncitizen votes, meaning that their votes would have less impact on the election results.
The judge dismissed the lawsuit with prejudice, meaning the plaintiffs can’t refile it in the future.