BURLINGTON, Vt. (WCAX) - A Vermont law professor says Burlington Mayor Miro Weinberger’s recent ranked-choice voting veto presents no legal conflict of interest.
The Ranked Choice Voting Resolution called on Weinberger to add a question on the November ballot on whether to reinstate ranked-choice voting in the mayoral, city council and school commissioner races.
Constitutional law professor Jared Carter says Weinberger’s veto, which is the first veto of his eight years in office, is legal. Carter says Weinberger is required by law to either sign an ordinance or not sign it and return it to the city council with an explanation.
In a letter to the city council, Weinberger said he issued the veto because he has concerns about the resolution and thinks it’s “problematic” in many ways. He said it will cost the city too much money—roughly $45,000—to conduct a safe local election this November. He also thinks ranked-choice voting is divisive and will distract voters during “arguably the most important federal election in the country’s history.”
During public comment of the city council’s Monday meeting, some people suggested the Democratic mayor issued the veto for political and personal gain, as he is up for re-election in March 2021.
Carter says Weinberger’s veto does not present any legal issues or conflicts of interest.
“I don’t think there’s a legal conflict of interest. There’s no law or statute or otherwise that I am familiar with that says that the mayor can’t veto something that potentially has some political implications for him,” Carter said. “In fact, as I said, the statute-- the city charter itself-- actually requires the mayor to either sign or veto an ordinance by law. So I think he’s simply exercising that authority. Whether or not, politically, there is the appearance of a conflict, I suppose is up to the voters or the City of Burlington, but certainly, from a purely legal perspective, there’s no conflict of interest.”
City Attorney Eileen Blackwood says if the ranked-choice voting charter change is approved by voters, it will then need to go through the State Legislature and ultimately be signed by Governor Phil Scott. She says whether the ranked-choice voting vote happens this November or next March when Mayor Weinberger is up for re-election, the charter change would not be approved in time for that mayoral election.
Council fell short of the 8 votes needed to override Weinbergers ranked-choice voting veto. Council voted 7-5 on the override veto.
All 6 Progressives plus council’s only Independent, Ali Dieng, voted to override the veto. All 5 Democrats voted to sustain the veto.
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Vermont law professor weighs in on Burlington mayor's ranked-choice voting veto - WCAX
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