By Guy Page
Should non-citizens be allowed to vote in municipal elections?
That’s what’s at stake in the Vermont Supreme Court case Morin v. City of Burlington, an active case before the Vermont Supreme Court.
The case, Morin v. City of Burlington, was originally filed in June 2024 by the Restoring Integrity and Trust in Elections (RITE), a conservative nonprofit.
It represents two U.S. citizen voters and Burlington residents, Michele Morin and Karen Rowell, with attorneys Brady Toensing (lead), Patrick Strawbridge, and James Hasson from Consovoy McCarthy PLLC. Rowell is on the city’s Board of Voter Registration, serving as its lone Republican member.
During October 14 oral arguments, a Supreme Court justice asked Hassan whether the Burlington elections would impact statewide spending and policy. The gist of his answer: local decisions decide statewide taxation. Hear the Q&A here:
The suit targets Burlington’s March 2023 charter amendment, approved by 68% of voters, which permits noncitizen residents over the age of 18 to vote on Town Meeting Day, in city council, mayoral, and school district elections.
Burlington, with 44,000 residents, has about 10% foreign-born population, including refugees and green card holders. The policy applies to roughly 1,500 eligible noncitizens. It covers municipal matters like zoning and budgets but not state or federal elections.
The Vermont legislature approved the charter change, arguing that these elections are primarily local and do not affect statewide policy. The bill was vetoed by Gov. Phil Scott, but in the pre-Nov. 2024 Red Wave days, his veto was overridden.
You can watch the October 14 oral arguments on the Supreme Court’s YouTube page.