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Legislative counsel outlines draft changes to Vermont Voting Rights Act
Summary
On April 23 the committee reviewed a new draft (3.1) of S.298. Legislative Counsel Tim Delin said it adds 'having a disability' to the protected‑class definition, revises statewide and municipal voter‑checklist attestations and filing locations, and suspends enforcement of candidate‑disclosure penalties through May 30, 2027.
Legislative Counsel Tim Delin presented draft 3.1 of S.298, the proposed Vermont Voting Rights Act, to the Government Operations & Military Affairs committee on April 23 and described three categories of changes: adding disability to the protected‑class definition, new voter‑checklist attestations, and a temporary suspension of penalties for delinquent candidate disclosures.
Delin said the draft will read that a "protected class" includes race, color, membership in a language‑minority group and "having a disability," citing the statutory reference in the draft. He read language that would bar any state‑imposed voting qualification, prerequisite, standard, practice or procedure that "results in a denial or abridgement" of voting rights on the basis of those characteristics.
The draft also adds a "voter checklist" heading that amends the statewide checklist statute (listed in the draft as 17 BSA 2154). Under the proposed text, a person requesting a copy of the statewide checklist would file an attestation with the Secretary of State; requests for a municipality's portion of the checklist would require an attestation filed with the municipal clerk. "The affirmation shall be filed with the secretary of state in the case of a statewide voter checklist; in the case of a municipality's portion ... the affirmation shall be filed with the municipal clerk," Delin read during the presentation.
Committee members asked drafting questions. Representative Waters asked whether the bill should use "must" or "shall" in attestation language; Delin said the words are synonymous but that drafting convention favors "shall" and he would update the draft to reflect the committee's preference.
Delin described revised enforcement language for candidate financial‑disclosure penalties: "notwithstanding 17 PSA 2415," the penalties provision in the draft would be suspended through May 30, 2027, Delin said, and during that period "the State Ethics Commission shall not enforce against any delinquent filers, nor shall the office of the Secretary of State notify the State Ethics Commission of the names of delinquent filings." The committee did not take a vote on that language in the portion of the record provided.
Members also debated whether to enumerate protected classes in the statute or to refer to a general "protected class" term. Representative Nugent said, "when it comes to something as important as voting, all protected classes should be protected," arguing for broader coverage; Delin cautioned that "protected class" is used differently in various statutory contexts and recommended explicit enumeration or cross‑referencing to avoid ambiguity. Members discussed examples listed in the draft as potential campaign expenditures eligible for reporting—child care, dependent care and personal security—and Delin explained the draft uses a non‑exclusive "include" list to clarify what may be reportable without limiting other items.
The committee identified several points for further drafting and thanked counsel for the updated draft. After the presentation the panel moved on to witness testimony.
