National, state GOP file second non-citizen voting suit against Winooski

Cites Supreme Court prohibition of non-citizens voting on statewide issues

Vermont Supreme Court

By Guy Page

The Republican National Committee (RNC), Vermont Republican Party (VTGOP), and two concerned Vermont residents filed suit in Vermont Superior Court today against the City of Winooski for allowing noncitizens to vote in its school board and budget elections.

The suit follows a Jan. 23 Vermont Supreme Court rejection of a previous GOP non-citizen voting lawsuit against Winooski. Today’s suit charges that non-citizen voting in municipal elections will affect state spending and policy decisions – an outcome the VSC declared unlawful in its court decision. 

The lawsuit, filed this morning, reads:

“Plaintiffs seek a declaration that authorization of noncitizen voting on matters involving the City of Winooski’s school board and education budget is unconstitutional and void. That authorization, set forth in a new charter statute for the City of Winooski, permits “any person, including persons who are non-U.S. citizens,” to vote on referendums regarding the City’s annual education budget if they are a resident of the City and over 18 years of age. 

“Critically, the City’s annual education budget is paid for from the State Education Fund. The new charter statute also allows noncitizens to vote for school board members, who are responsible for creating the City’s State-funded annual education budget. 

“Permitting noncitizens to vote on these issues violates the Vermont Constitution. Chapter II, Section 42 establishes United States citizenship as a requirement for voting on “freemen” issues, which include “any matter that concerns the State of Vermont.” Plaintiffs seek an injunction compelling Defendant to refrain from implementing the invalid voting scheme, including refraining from registering noncitizen voters to participate in education-related elections and referendums in the City of Winooski.”

Background (provided by the RNC):

  • In June 2022, the RNC sued New York City and won, halting a law that would have allowed 800,000 noncitizens to vote in New York City elections.
  • Winooski, Vermont’s local charter violates the Vermont Constitution, which limits voting on statewide matters to only citizens.
  • The RNC previously sued Winooski and Montpelier for noncitizen voting laws on a much broader basis, which was not accepted by the Vermont Supreme Court. 
  • The court ruled that the Vermont Constitution did not categorically bar noncitizens from voting in municipal elections, but did find that votes on matters with statewide implications would require United States citizenship. 
  • Specifically, the RNC’s lawsuit explains how the town’s school board and budget elections are conducted locally, but are of statewide concern. 
  • In short, Winooski is allowing noncitizens to vote on the annual education budget that is funded directly through state expenditures. 
  • The amount of funds approved by Winooski voters has a direct impact on taxpayers across the state.
  • This lawsuit is a continuation of the RNC’s robust election integrity efforts, which resulted in 80,000 trained poll watchers and workers along with over 90 election integrity lawsuits nationwide in the 2022 midterm cycle.
  • In addition to the New York City win, the RNC has recently won key legal election victories in Wisconsin, New York, North Carolina, Nevada, and Pennsylvania.

“American elections should only be decided by American citizens in Vermont and nationwide. This lawsuit is a continuation of the RNC’s fight to protect the vote and ensure that the franchise is only extended to citizens of this country. We won a lawsuit against New York City on this same issue last year, and we are fighting for another victory on behalf of election integrity and Vermont voters,” RNC Chairwoman Ronna McDaniel said.

Winooski has been a Vermont landing ground for immigrants since the successive waves of 19th century Irish, Italian and French-Canadian migrations. In more recent years, the City of Winooski has adopted a ‘welcoming’ posture to immigrants from all over the world, often referring to them as “New Americans” irrespective of citizenship status.

Categories: Elections

13 replies »

  1. Can someone show me the part in the constitution that allows a non citizen to vote period? Let’s go by any standing documentation showing the history of such a illegal action. Judge doesn’t know hi ass from hole in the ground

    • The US Constitution does not prohibit voting by non-citizens. Both state and federal courts have upheld non-citizen voting. The decision about who gets to vote rests with states and localities.

  2. With any luck the new voting block in Winooski will vote to secede from VT and join either MA or NY ( their choice). Much time and misdirected effort would be saved by all. Freeing up also funding for other mismanaged or misguided and poorly thought through activities within the state.

    • The problem with NY is that much of rural upstate NY is red. It is, as typical, the urban population centers such as NYC that drive the state Communist, er, I mean blue.

      The areas across from Lake Champlain doesn’t want these rebels any more than Conservatives do or most native Vermonters do – but MA? Yes, PLEASE take them!

      They come with a FREE one year subscription to the “Daily Beast”. How can you go wrong?

  3. I’m guessing the previous judge was a democrat/progressive party appointee? And this one will likely be too. Needs to be heard by the US Supreme Court.

    These people are, again, traitors to the nation & the US Constitution that governs us.

    Hint, leftists: This is a sovereign nation – it is NOT your “world order” nor do most Americans want it to be.

  4. Don’t even know why this is an issue? You are not a legal citizen then you don’t vote. I don’t care if you pay taxes and own property, want to vote then become a citizen. Figures this was sponsored by Winooskis she man.

  5. Then why doesn’t the VT GOP get the US Supreme Court to hear the case?? Won’t they or does it have to go to a lower court first? If they need funds-ask Vermonters to give…..after all don’t we all want fair and honest elections not just in Vermont but everywhere. And while they are add it, please comment on-drop boxes, absentee ballots mailed out to all voters even if not requested and ballet harvesting.

  6. Lots of countries do not allow people from other countries to buy and own land. China is buying up farmland all over the USA. China is a communist country. They also buy land near military bases. Is anyone in our government at least a little concerned by this? And now that the GOP has sued Winooski, how about they sue the state for passing unconstitutional gun laws to restore our freedom. The Bruen case handed down by the supreme court struck down the community safety standard for courts to use for gun control. If there is no historical basis for the anti-gun law, it not be valid and is a violation of the second amendment and the Vermont constitution. The same applies to adults 18 to 21 banned from purchasing some firearms, which is also unconstitutional. Eighteen is the age of majority not 21.

  7. This is Good news for a change. Now, how is our US government using millions of taxpayers money to support these illegals while at the same time pushing the tax payers national debt up, up and up?

  8. We wouldn’t have to deal with this outside sick influence if we simply secede from the swamp and establish a 2nd Vermont Republic.

  9. At any the measure has to be approved by the Legislature, once that occurs if at all, the RNC will have the proper standing, more particularly regarding decisions how to spend state revenues sent to Winooski for the education of their children. Of course the discretionary spending of the State’s money is actually very limited, you might even call it drop in the bucket or a pittance. You see, in nearly every possible way the cities and towns are creatures of the State. The main aggravation of expanding the voter rolls in this way is the dilution of the vote of long-time residents and homeowners. The best remedy would 1) have a sensible political platform and 2) encouraging the old timers to go to the polls instead of staying home and sucking on a beer.

  10. If citizens rights are not exclusive to citizens, there are no citizens. If there are no citizens, there is no country.