The House Committee on Education decided Wednesday that allowing noncitizens in Winooski to vote on school district matters is constitutional, sending the city’s charter change back to the floor of the Vermont House.
The panel’s decision comes after House Republicans raised concerns last week that the Winooski charter change could have an impact on the state’s education fund, affecting other towns and cities that may have a different voter standard.
Last week on the House floor, Rep. Scott Beck, R-St. Johnsbury, outlined the primary GOP concern.
“The potential is that they could make a budget decision or assist in making a budget decision that affects the statewide education fund when other noncitizens throughout the state of Vermont do not have the right to vote on school budgets,” Beck said.
“I don’t think you can let one group of people impact the statewide education fund and deny that right to others throughout the state,” he said.
On Wednesday, Agency of Education attorney Emily Simmons told the committee that she did not see a legal issue with the proposed Winooski change.
“These are local, not statewide elections, even though we do have a statewide election fund,” Simmons said, insisting there is no constitutional issue in play.
Peter Teachout, a constitutional law professor at Vermont Law School, said he had come to a similar conclusion.
“It, just to me, is unrealistic to think that, in any way, by allowing non-U.S. citizens to vote, it will affect a change in the ability of students to receive substantially equal educational opportunity throughout the state,” Teachout said.
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