This commentary is by Thomas F. Koch of Barre Town, a former member of the Vermont House of Representatives.
Gov. Phil Scott has vetoed two bills, H.177 and H.227, that would have permitted noncitizens who are legally present in the United States to vote in local elections. He was correct to veto the bills, but I disagree with his reasons for doing so.
In his veto message, Gov. Scott asked the Legislature “to revisit the issue of noncitizen voting in a more comprehensive manner.” He endorsed the concept of a statewide policy governing the manner and instances in which noncitizen residents might be permitted to vote. In taking that position, the governor has clearly signaled his view that noncitizens may legally vote in some elections.
For two significant reasons, I disagree.
First, voting has long been understood to be an attribute of citizenship. When a person becomes a citizen of the United States, that person takes an oath that begins, “I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen….”
The purpose of that declaration, of course, is to eliminate conflicts of interest and divided loyalties. A person who votes without giving such assurance is under no such obligation of undivided loyalty.
Before one even gets to the point of taking the citizenship oath, however, several other requirements must be met. In order to qualify for naturalization, a person must:
1. Be at least 18 years of age.
2. Be a legal resident of the United States continuously for a certain number of years.
3. Establish residency in the state in which the person intends to apply for citizenship.
4. Have “good moral character.”
5. Be proficient in basic written and oral English.
6. Demonstrate knowledge (by means of a test) of U.S. history and government.
7. If a male between the ages of 18 and 26, register for the draft.
The bills that Gov. Scott has vetoed require none of these things, except that noncitizens desiring to vote in local elections in Winooski and Montpelier be at least 18 years of age and be a resident of one of those cities (no duration of residence specified). There is no requirement for competency in the English language, no need to show knowledge of U.S. history and government, and no demonstration of “good moral character,” however loosely that may be understood.
Since the right to vote is one of the main attributes of citizenship (the right to hold public office being the other), it raises the question of why any person (including some good friends of mine) would go through the procedures specified in law to become a citizen if the benefits of citizenship could be obtained by circumventing those procedures.
Let me be clear. I welcome immigrants, provided they come legally. And I welcome new citizens, provided they meet the requirements for naturalization set out in law. Even though our current immigration laws are a mess and sorely in need of comprehensive revision, they are still the law until changed, and I cannot support measures that enable people to shortcut the law.
There is a second, and perhaps more important, reason the governor was correct to veto House bills 177 and 227 — they are unconstitutional. Chapter II, Section 42 of the Vermont Constitution provides, in relevant part:
Every person of the full age of 18 years who is a citizen of the United States, having resided in this state for the period established by the General Assembly and who is of a quiet and peaceable behavior, and will take the [voter’s oath or affirmation], shall be entitled to all the privileges of a voter in this state….
Clearly, our constitution grants the right to vote to any person who, among other things, is a citizen of the United States. The corollary of this grant is that those who are not citizens may not vote. Under the Constitution, the Legislature simply does not have the power by ordinary legislation to provide for voting by those who are not citizens. And if the state does not have that power, neither does any municipality of the state, since municipalities are creatures of the state.
Simply stated, what the state does not have the power to grant directly cannot be granted indirectly through its municipalities.
Any effort to grant noncitizens the right to vote in Vermont elections — whether state or local — can be accomplished only by means of an amendment to the Vermont Constitution.
Significantly, several years ago, the provision allowing 17-year-old citizens to vote in primary elections if they would be 18 before the date of the general election needed to be done by constitutional amendment, not by ordinary legislation. So it is with this current proposal permitting noncitizens to vote in local elections.
Later this month, the Legislature will vote whether to sustain Gov. Scott’s vetoes of House bills 177 and 227 or whether to enact those bills notwithstanding his vetoes. The Legislature will be fulfilling its oath of office and serving the public interest by sustaining the governor’s vetoes.