Winooski, Montpelier sued by VTGOP over all resident voting

The Vermont GOP filed a lawsuit Tuesday against Winooski and Montpelier over their noncitizen voting measures, arguing that it violates the Vermont Constitution. 

However, a Vermont Constitution expert has said the measures are supported by long standing legal precedent. 

“Section 42 requires, at a minimum, that voters in the State of Vermont are United States Citizens,” The lawsuit says. “[The voting measure] is unconstitutional, void, and invalid.”

The suit was filed by Douglas Weston, a resident of Winooski, alongside a number of other Vermonters, including GOP Chairwoman Billado. The GOP Northeast region chair, Jay Shepard, also signed onto the bill as a plaintiff. 

The lawsuit will likely face an uphill battle in the courts, with a number of decisions upholding voting measures similar to this one in Winooski and Montpelier, according to Professor Peter Teachout of the Vermont Law School. 

“It is highly, highly unlikely that the Vermont Supreme Court would [overturn the law] since you have this solid, unbroken line of cases that establish the legislature has the authority to allow non-US citizens to vote,” Teachout said in an August 1 interview.

The lawsuit has also received national attention, with the National GOP Chairwoman Ronna McDaniel tweeting her support. 

"The RNC and the VTGOP are today suing the cities of Montpelier and Winooski, Vermont over their new town charters that allow noncitizens to vote in their municipal elections.” She tweeted Tuesday. “This radical scheme passed by state Democrats is a blatant attack on election integrity.”

Mayor Kristine Lott of Winooski said in a Sept. 29 email that she has not been served the lawsuit yet, and reiterated strong support for allowing all city residents to vote in local elections.

“More than 2/3 of Winooski voters supported this change, which I believe is an important step in improving equity in our community,” Lott said. “There is no reason to expect residents to contribute without representation in our local elections. Many residents spend years living in Winooski while their path to citizenship is lengthy, expensive, and full of barriers.”

The law passed via a ballot measure in Winooski last election, and the Legislature passed H207, affirming Winooski’s ability to allow for all residents to vote in their local elections. 

Later, the legislature overruled the Governor's veto on the bill, ensuring that the bill became a law. 

Former Vermont GOP Vice-Chair Brady Toensing of Washington D.C.-based firm diGenova & Toensing LLC represent the plaintiffs. The firm has represented former President Trump in his legal cases attempting to overturn the results of the 2020 election, according to Business Insider.