An act relating to voter protections

The bill was renamed from 'Voter Protections Act of 2026' to 'Vermont Voting Rights Act of 2026' and restructured from scattered amendments to existing Chapter 35 into a new standalone Chapter 59 with seven subchapters, signaling a much broader and more systematic approach to voting rights protection.

A new prohibition on at-large methods of election was added, making it unlawful for a municipality to use at-large elections (including mixed at-large and district systems) in a manner that impairs the ability of members of a protected class to elect candidates of their choice. Racially polarized voting can be used as evidence, and geographic compactness is not required.

A new section requires the Department of Corrections to determine and share pre-incarceration residential addresses for offenders so that the Legislative Apportionment Board can count them at their home address rather than prison location when drawing legislative districts after each decennial census. An exception applies for those serving life without parole, who remain counted at the facility.

Several provisions from the enacted version were removed: the statewide voter checklist restrictions (sworn affirmations against commercial use or foreign government disclosure), candidate disclosure form management provisions, suspension of disclosure penalties for candidates, and safety protections for candidates including expanded expenditure definitions covering security-related campaign costs.

The definition of 'protected class' was narrowed: the enacted version included 'having a disability as defined in 9 V.S.A. section 4501' alongside race, color, and language minority group membership; the new version removes disability from the core protected class definition, though disability-related voting assistance is still provided under a separate subchapter.

A pre-clearance system was added requiring municipalities to either complete a public comment process (at least 30 days) or submit proposed 'covered practices' to the Attorney General for a Certification of No Objection before implementing changes to election districts, wards, polling places, at-large seats, or language access. Covered practices include boundary changes reducing minority population by more than 5 percentage points.

Detailed language assistance provisions were added requiring the Secretary of State to designate languages for which voting assistance must be provided in municipalities where more than 5 percent or more than 1,000 qualified voters are limited English proficient in a shared non-English language. Materials must be of equal quality to English versions and cannot rely solely on automatic translation.

A new 'Voter Education and Outreach Fund' was created as a special nonreverting fund in the State Treasury, funded by civil penalties and other public or private sources, dedicated solely to educating voters about their rights under federal and state law.

A 60-day freeze was added prohibiting any change to local election districts, wards, or polling places from taking effect within 60 days preceding a general election.

Multiple new private rights of action were created allowing individual voters to sue in Superior Court for violations including intimidation, false information about voting, at-large election violations, and language assistance failures. Prevailing plaintiffs may recover attorney's fees. The Attorney General's enforcement powers were expanded to include compensatory and punitive damages.

New criminal penalties were added for communicating false information to registered voters (up to 6 months imprisonment or $1,000 fine), interfering with voting by persons acting under color of law (civil penalty up to $1,000 per affected voter), and furnishing ballots in a language the voter cannot understand with intent to deceive.

Effective date changed from 'on passage' to January 1, 2027, giving municipalities and state agencies nearly a year to prepare for compliance.

New definitions added including 'Certification of No Objection,' 'Covered practice' (covering changes to at-large elections, municipal boundary changes reducing minority population by more than 5 percentage points, election district boundary changes, restrictions on non-English language assistance, and polling place reductions/consolidations), 'Racially polarized voting,' and 'Voting age population.'

A pre-clearance system was added requiring municipalities to either publish proposed covered practices with a 30-day public comment period and 30-day waiting period, or submit them to the Attorney General for a Certification of No Objection (deemed issued if no objection within 60 days).

A 60-day freeze was added prohibiting any change in local election districts, wards, or polling places from taking effect within 60 days preceding a general election.

Assistance provisions were added for voters 65 and older (printed ballot handed outside the polling place within 150 feet of the entrance) and for voters with physical disabilities or inability to read or write (designated assistant with signed request form).

Language assistance requirements were added: the Secretary of State must designate languages for which voting assistance is provided where more than 5 percent or more than 1,000 qualified voters in a municipality are limited English proficient in a shared non-English language. A review process allows residents to request designation of additional languages.

At-large method of election limitations were added: at-large elections (including mixed systems) that impair a protected class's ability to elect candidates of its choice or influence outcomes are prohibited. Violation can be established by showing racially polarized voting combined with dilution, without requiring proof of discriminatory intent or geographic compactness.

A provision was added requiring the Department of Corrections to determine and share pre-incarceration residential addresses of offenders with the Legislative Apportionment Board. Offenders are counted at their pre-incarceration address for reapportionment purposes, except those serving life without parole who remain counted at the facility location. Information is confidential and exempt from public records.

A Voter Education and Outreach Fund was created in the State Treasury as a special nonreverting fund, funded by civil penalties from the chapter and other public/private sources, to be used solely for voter education on rights under federal and state law.

The Attorney General's civil action remedies were expanded to include compensatory and punitive damages in addition to existing preventive relief and civil penalties ($5,000 first violation, $25,000 subsequent). Attorney's fees for prevailing plaintiffs were added. Civil penalties are now directed to the Voter Education and Outreach Fund.

Repeals were added for 17 V.S.A. section 1933 (nonperformance of duty by public officer) and section 2569 (assistance to voter), which are superseded by the new provisions in Chapter 59.

The bill was renamed from 'Vermont Voting Rights Act' to 'Voter Protections Act of 2026' and restructured from creating a new Chapter 59 with seven subchapters to making targeted amendments within existing Chapter 35 (Offenses Against the Purity of Elections) and other existing statutes.

The entire language assistance framework was removed, including the Secretary of State's authority to designate languages for voting assistance based on a five percent or 1,000-person threshold, requirements for translated election materials, and a public review process for designating new languages.

The at-large method of election restrictions were removed, including the prohibition on at-large elections that impair protected class voting strength and the requirement to find racially polarized voting as a violation standard.

The entire provision for counting incarcerated offenders at their pre-incarceration residential address for decennial reapportionment purposes was removed, including Department of Corrections data collection requirements and Legislative Apportionment Board adjustments.

The pre-clearance system requiring municipalities to obtain Attorney General 'Certification of No Objection' before implementing covered practices (district boundary changes, polling place changes, at-large seat conversions) was removed entirely.

Specific voting assistance procedures for voters 65 and older (handing a printed ballot outside the polling place within 150 feet) and detailed assistance procedures for disabled or illiterate voters were removed from the enacted version.

New requirements were added for persons obtaining statewide or municipal voter checklists: they must swear under penalty of perjury that they will not use the checklist for commercial purposes or knowingly disclose it to a foreign government or federal agency acting on behalf of a foreign government.

The 60-day prohibition on local election district, ward, or polling place changes preceding a general election was removed.

A temporary suspension of candidate disclosure penalties was added: through May 30, 2027, the State Ethics Commission will not enforce against delinquent filers and candidates will not be penalized for late filing of disclosure forms. The State Ethics Commission must also report to the legislature by January 30, 2027 with recommendations on managing candidate disclosure forms.

The effective date was changed from January 1, 2027 to immediate effect upon passage.

The Voter Education and Outreach Fund was removed, along with its mechanism for collecting penalties and using them for voter education.

Disability was added as a protected characteristic in the vote denial or dilution provision. The enacted version now prohibits voting practices that deny or abridge the right to vote based on 'race or color, membership in a language minority group, or having a disability as defined in 9 V.S.A. section 4501.'

The definition of 'expenditure' in campaign finance law was expanded to include safety-related expenses such as protective detail, cybersecurity systems, and care of dependent family members incurred as a direct result of campaign activity, effectively allowing candidates to count security costs as reportable campaign spending.

Entire Subchapter 2 on language assistance in voting and elections was removed, including the requirement for the Secretary of State to designate languages for voter assistance based on a 5 percent or 1,000-person threshold, and provisions for ballot assistance for voters over 65 and disabled voters.

Entire Subchapter 3 on changes to election practices was removed, including the 60-day freeze on local election district changes before general elections, the pre-clearance system requiring municipalities to seek Attorney General approval for covered practices (boundary changes, at-large conversions, polling place reductions), and associated notice requirements.

Entire Subchapter 4 prohibiting at-large methods of election that impair protected class voting strength was removed, including the racially polarized voting test and court-ordered remedies.

The entire section on counting incarcerated offenders by their pre-incarceration residential address for legislative reapportionment purposes was removed, including Department of Corrections data-sharing requirements and Legislative Apportionment Board adjustments to census counts.

Election interference criminal provisions (intimidation of officers and voters, false information to voters, interference with voting) were moved from the new Chapter 59 into existing Chapter 35 (Offenses Against the Purity of Elections), amending sections 1934, 2022, 2023, and 2024 rather than creating standalone provisions in the new act.

The Voter Education and Outreach Fund (Subchapter 5) was removed entirely. This fund would have collected penalties and other monies for voter education purposes.

A new section 2804 gives the Attorney General authority to bring civil actions in the Civil Division of Superior Court for violations of Subchapter 1, with civil penalties up to $5,000 for a first violation and $25,000 for subsequent violations, plus reimbursement of the State's investigation and prosecution costs.

The false information provision was narrowed: it now requires that the communication be 'intentional' and the covered information was reduced to date, time, or place of election; how to register; or registration status. The introduced version also covered a voter's ward and polling place.

A new definition of 'Expenditure' was added to section 2901 (campaign finance chapter) explicitly including expenses for candidate security and care of dependent family members incurred as a direct result of campaign activity, under a heading labeled 'Safety Protections for Candidates.'

The effective date was changed from January 1, 2027 to immediate effect upon passage.

A short title section was added citing the act as the 'Vermont Voting Rights Act of 2026.'