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S 298

An act relating to voter protections

2025-2026 Regular Session Introduced by Phil Baruth and 17 co-sponsors

The act strengthens voting rights protections by prohibiting discrimination, expanding language assistance, and requiring pre-approval for changes to election practices before they

Senate Message: Signed by Governor June 8, 2026
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Bill Summary · S 298

Summary: S.298 – Vermont Voting Rights Act (Introduced 2026)

This bill establishes a comprehensive framework aimed at protecting voting rights, preventing discrimination in voting and election administration, expanding language assistance, and providing mechanisms to review and pre-approve election practices before they take effect. It also includes procedures for counting offenders in reapportionment and creates a dedicated voter education fund.

1) Purpose and Intent

  • Explicitly prohibits discrimination in voting based on race, color, or membership in a language minority group.
  • Prohibits local racial gerrymandering and at-large election practices that impair the ability of a protected class to elect candidates of its choice or influence outcomes.
  • Establishes language assistance in voting for designated languages in municipalities with demonstrated need.
  • Creates a pre-clearance-like process requiring municipalities to obtain Attorney General approval before enacting or administering covered election changes.
  • Creates penalties for intimidation, false information to voters, and interference with voting.
  • Provides for counting offenders’ residential addresses for decennial reapportionment, ensuring offender addresses are treated consistently in population counts.

2) Key Provisions and Changes

A. Vermont Voting Rights Act (Chapter 59)

  • Definitions:
    • “Covered practice” includes changes to election methods, district/ward boundaries, polling place changes, and language-related voting materials and interpreter services.
    • “Protected class” includes race/color and language minority membership.
    • “Racially polarized voting” used to assess potential dilution of voting strength.
  • Voting rights protections:
    • Clear prohibition on denial/abridgement of voting rights based on race/color/language minority status.
    • Recognition that disproportionate opportunities to participate or elect representatives can constitute a denial or abridgement.

B. Language Assistance and Voting Materials

  • The Secretary of State designates languages for which voting assistance is provided in municipalities with significant need (thresholds: >5% of voting-age residents or >1,000 LEP individuals).
  • Designated materials include bilingual election notices, ballots, forms, and, where possible, interpretation services.
  • A formal review process can designate additional languages if need is demonstrated.
  • Private right of action for aggrieved voters/organizations.

C. Assistance for Voters

  • 65+ or physically disabled voters may obtain printed ballots outside the polling place within 150 feet, to be marked privately.
  • Assistance for those needing help reading or writing can be provided by an election officer or designated person under strict safeguards to prevent vote influence.
  • Language assistance interpreters available; municipalities designated as covered must ensure interpretation services.

D. Changes to Election Practices (Pre-enactment / Notice)

  • 60-day prohibition on changes to election districts/ polling places before general elections.
  • Covered practices require:
    • Public notice (45 days in advance) with opportunities for public comment (min. 30 days, at least one public hearing).
    • Final publication with maps and a 30-day waiting period during which challenges may be filed in Superior Court.
  • Optional Certification of No Objection from the Attorney General (timed to expedite).

E. At-Large Elections

  • At-large methods cannot dilute the electoral influence of protected classes. Violations may be established through analysis of racially polarized voting and dilution of voting strength.

F. Voter Education and Outreach Fund

  • Establishes a dedicated nonreverting fund in the State Treasury to educate voters about rights and remedies, with transfers to the Fund from penalties and other sources.

G. Election Interference and Penalties

  • Criminal penalties for intimidation of election officers (up to 2 years, or $2,000).
  • Criminal penalties for voter intimidation or coercion (up to 2 years, or $2,000) plus a private civil action for preventive relief.
  • Provisions against disseminating false information to registered voters (up to 6 months or $1,000) and private actions for relief.
  • Civil penalties for interference with voting (up to $1,000 per affected voter), payable to the Voter Education and Outreach Fund.

H. Counting Offenders in Reapportionment

  • The Department of Corrections must provide offender residential addresses prior to incarceration for decennial census counting.
  • The Legislative Apportionment Board must adjust population counts to reflect offenders’ pre-incarceration residences when drawing initial legislative districts, with confidentiality safeguards.
  • Life-without-parole offenders are treated to ensure representation in relevant counts.
  • Confidentiality: offender-identifying information is restricted.

3) Affected Parties

  • Municipalities and governing bodies: subject to new review/approval processes, notice requirements, and potential remedies for covered practices.
  • Registered voters, especially those in protected classes, and LEP voters: protected by new rights protections and language assistance.
  • Election officials and municipal clerks: responsibilities expanded for language services, notification, and compliance with pre-enactment procedures.
  • Attorney General: potential role in issuing Certifications of No Objection and enforcing rights.
  • Offenders: their residential addresses affect reapportionment, with privacy protections.

4) Procedural and Timeline Aspects

  • Effective date: January 1, 2027.
  • 60-day pre-election protection for changes to districts/ polling places.
  • Notice and public comment processes for covered practices (minimum 30–45 days; hearings).
  • 30-day waiting period after final adoption for challenges.
  • Annual review by the Secretary of State to designate languages (due by January 15 each year).

Overall, S.298 seeks to fortify Vermont’s voting rights framework through explicit anti-discrimination provisions, enhanced language access, procedural guardrails for election changes, and mechanisms to address interference and misinformation, while linking reapportionment considerations to offender data.

Compiled from official sources — confirm details with the bill’s official record.

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