Rep. Ian Goodnow urges caution before folding H.541 language into Vermont voting bill

Rep. Ian Goodnow, a Windham County lawmaker, told the House Government Operations committee that language from House Bill H.541 — an act addressing voter and election-official intimidation — could be inserted into S.298, the Vermont Voting Rights Act, but urged caution to avoid creating constitutional exposure.

Goodnow said H.541 used a single criminal penalty covering interference with voters and election officials and that the bill’s text intentionally mirrored the federal voter-intimidation statute and recent case law. "We are dancing in a pretty dangerous territory when it comes to free speech," Goodnow said, arguing the committee should avoid departing from language that courts have tested.

The committee discussed a Senate Judiciary request to highlight a provision criminalizing the "showing the ballot," which Goodnow described as an older statutory tool originally used at the turn of the 20th century to combat vote-buying. He told members the provision "is existing law" in Vermont and said it might be logical to include it in the broader voting-rights bill, but that it has seen little use in the state.

Members pressed whether S.298’s current text differed from H.541 in ways that matter for constitutional review. Goodnow noted one substantive wording change: H.541’s section two used the phrase "intentionally or recklessly intimidate, threaten, or coerce," reflecting recent caselaw, while S.298 retains "intentionally" but omits "recklessly." That deletion, members said, is an important point to clarify with Senate Judiciary because it could affect how courts view the statute.

Rep. Goff underscored the committee’s interest in remaining within constitutional bounds and asked staff to confirm whether Senate Judiciary narrowed the language based on testimony. Several members agreed the committee should solicit or review any testimony that influenced the Senate’s draft.

Staff indicated they will circulate a draft of the revised S.298 with proposed insertions from H.541 for committee review next week and that Council staff has prepared a color-coded side-by-side of the two bills to help members compare language. The committee did not take a vote; members said they will continue to take testimony and refine the language in subsequent meetings.

The committee adjourned to reconvene the following day; the chair said he expects members to review the circulated draft in advance of further discussion.