Ballot Measures
Two proposed amendments to the Vermont Constitution — both referred to voters by the legislature.
How Vermont Constitutional Amendments Work
Legislature (first session)
Both the House and Senate must pass the amendment. Both measures first passed in 2024.
Legislature (second session)
After an intervening election, the new legislature must pass the amendment again. Both measures completed this step in 2025–26.
Voter ratification
Vermont voters vote Yes or No on November 3, 2026. A simple majority approves it — and it becomes part of the Vermont Constitution.
Note: Vermont citizens cannot initiate constitutional amendments themselves — all amendments must be referred by the legislature through this two-session process.
On your November 3 ballot: Both proposals are confirmed on the November 3, 2026 ballot. Governor Phil Scott formally proclaimed them on July 28, 2026, and they appear on every South Burlington sample ballot.
Sources: Governor Phil Scott formally proclaims Constitutional Amendment Proposals 3 and 4 (July 28, 2026) · Vermont Legislative Council — 2026 constitutional amendment publication notice (PDF)
Right to Collective Bargaining
Constitutional amendment to protect workers' right to organize and collectively bargain
What it says — plain language
Proposal 3 would add workers' rights to organize unions and collectively bargain to the Vermont Constitution. It would also bar laws that prohibit agreements requiring union membership as a condition of employment — the kind of law usually called 'right-to-work,' which lets workers in a unionized workplace opt out of paying union dues.
Key language (excerpt)
“That employees have a right to organize or join a labor organization for the purpose of collectively bargaining with their employer through an exclusive representative of their choosing for the purpose of negotiating wages, hours, and working conditions and to protect their economic welfare and safety in the workplace.”
Exact ballot wording
The ballot prints the full official text of each proposal. Both are printed as adding an "Article 23" to the Vermont Constitution — Proposal 3 as "Article 23. [Right to collectively bargain]" and Proposal 4 as "Article 23. [Equality of rights]". For the exact wording, read your district's sample ballot.
Sample ballots (City of South Burlington, PDF): Chittenden-8 · Chittenden-9 · Chittenden-10 · Chittenden-11 · Chittenden-12
What it does
- Adds a right for employees to organize or join a labor organization to collectively bargain with their employer, through an exclusive representative of their choosing
- Covers negotiating wages, hours, and working conditions, and protecting economic welfare and safety in the workplace
- Bars laws that interfere with, negate, or diminish employees' right to collectively bargain
- Bars laws that prohibit employer–union agreements requiring union membership as a condition of employment
- As part of the constitution, it could be changed only by a future constitutional amendment
What it does not do
- The text doesn't itself require anyone to join a union — but it does bar laws that would prohibit employer–union agreements requiring membership as a condition of employment
- Does not force employers to agree to specific union demands
Note: The following arguments are drawn from positions stated by supporters and opponents of this measure. They do not represent the views of this voter guide.
Arguments made by supporters
- Supporters argue constitutional protection is harder to undo than statutory protection
- Supporters cite research suggesting right-to-work policies are associated with lower wages
- Supporters say Vermont's union workforce has contributed to economic stability in the state
Arguments made by opponents
- Opponents argue the amendment could deter businesses from locating in Vermont
- Opponents argue constitutional amendments should address fundamental rights, not labor policy
- Opponents argue right-to-work laws give individual workers freedom of choice in union participation
Legislative History
Passed Vermont Senate unanimously
Passed Vermont House with bipartisan support
Passed Vermont Senate again, unanimously (second required passage)
Passed Vermont House — certified for November 2026 ballot
Formally proclaimed by Gov. Phil Scott for the November 3, 2026 ballot
Because this would be part of the Vermont Constitution, a future legislature couldn't change it by passing an ordinary law; it would take another constitutional amendment.
Watch the forum
- Proposal 3 ballot item forum · Forum · Town Meeting TV · Oct 7
Speakers for and against the amendment. Video.
Sources
- Vermont Proposal 3 — Ballotpedia
- Vermont Legislature — PR.3 Status
- Governor Phil Scott formally proclaims Constitutional Amendment Proposals 3 and 4 (July 28, 2026)
- Vermont Legislative Council — 2026 constitutional amendment publication notice (PDF)
- City of South Burlington — November 3, 2026 sample ballot (Chittenden-8, PDF)
Equal Protection of Law
Constitutional amendment adding an explicit equal rights clause to the Vermont Constitution
What it says — plain language
Proposal 4 would add an explicit equal protection clause to the Vermont Constitution, listing nine protected characteristics. Vermont currently has broad general equality language in the constitution but no specific equal protection clause like the one in the 14th Amendment to the U.S. Constitution.
Key language (excerpt)
“That the people are guaranteed equal protection under the law. The State shall not deny equal treatment under the law on account of a person's race, ethnicity, sex, religion, disability, sexual orientation, gender identity, gender expression, or national origin.”
Exact ballot wording
The ballot prints the full official text of each proposal. Both are printed as adding an "Article 23" to the Vermont Constitution — Proposal 3 as "Article 23. [Right to collectively bargain]" and Proposal 4 as "Article 23. [Equality of rights]". For the exact wording, read your district's sample ballot.
Sample ballots (City of South Burlington, PDF): Chittenden-8 · Chittenden-9 · Chittenden-10 · Chittenden-11 · Chittenden-12
Nine Protected Characteristics
What it does
- Guarantees the people equal protection under the law
- Bars the State from denying equal treatment under the law on account of race, ethnicity, sex, religion, disability, sexual orientation, gender identity, gender expression, or national origin
- States that the Article does not prevent measures intended to provide equality of treatment and opportunity for members of groups that have historically been subject to discrimination
What it does not do
- Does not change existing state anti-discrimination laws
- Does not create new enforcement mechanisms beyond existing courts
- Does not directly apply to private discrimination — only state action
- Does not affect criminal or civil liability between private parties
Note: The following arguments are drawn from positions stated by supporters and opponents of this measure. They do not represent the views of this voter guide.
Arguments made by supporters
- Supporters say state-level constitutional protection would be independent of federal court decisions
- Supporters argue the amendment would strengthen legal protections for the nine listed characteristics
- Supporters say explicit constitutional language clarifies rights that may currently require legal interpretation
Arguments made by opponents
- Opponents argue Vermont's existing statutory anti-discrimination laws already cover these characteristics
- Opponents argue constitutional amendments could produce unintended legal interpretations by courts
- Opponents point to the potential for litigation over broad terms like 'equal treatment'
Legislative History
Passed Vermont Senate — 28 to 0
Passed Vermont House — 140 to 4
Senate Judiciary Committee approved second passage
Formally proclaimed by Gov. Phil Scott for the November 3, 2026 ballot
Unlike the U.S. Constitution's 14th Amendment (which guarantees equal protection at the federal level), Vermont's current constitution has no specific equal protection clause. Vermont does have Article 7 (government exists for the common benefit) and statutory anti-discrimination protections — PR.4 would add an explicit constitutional equal protection clause.
Watch the forum
- Proposal 4 ballot item forum · Forum · Town Meeting TV · Oct 13
Speakers for and against the amendment. Video.
Sources
- Vermont Equal Protection of Law Amendment (2026) — Ballotpedia
- Vermont Legislature — PR.4 Status
- PR.4 as adopted by the Senate (PDF)
- Governor Phil Scott formally proclaims Constitutional Amendment Proposals 3 and 4 (July 28, 2026)
- Vermont Legislative Council — 2026 constitutional amendment publication notice (PDF)
- City of South Burlington — November 3, 2026 sample ballot (Chittenden-8, PDF)