Ballot Measures
Two proposed amendments to the Vermont Constitution — both referred by the legislature with overwhelming bipartisan support.
How Vermont Constitutional Amendments Work
Legislature (first session)
Both the House and Senate must pass the amendment. Both measures passed with near-unanimous votes in 2023–24.
Legislature (second session)
After an intervening election, the new legislature must pass the amendment again. Both measures are completing 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 permanently.
Note: Vermont citizens cannot initiate constitutional amendments themselves — all amendments must be referred by the legislature through this two-session process.
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 make it unconstitutional for Vermont to pass 'right-to-work' laws — laws that allow workers in a unionized workplace to opt out of paying union dues, which can weaken unions over time.
Proposed Constitutional Text
“That employees have the right to organize and join a labor organization for the purpose of collectively bargaining with their employers, and to protect their economic welfare and safety in the workplace. No law shall be enacted that interferes with, negates, or diminishes these rights.”
What it does
- Establishes a constitutional right for all Vermont workers to join a union
- Protects workers' right to collectively bargain wages, hours, and working conditions
- Bans Vermont from passing 'right-to-work' legislation in the future
- Applies to all employers operating in Vermont
- Cannot be undone by simple legislation — only by a future constitutional amendment
What it does not do
- Does not require workers to join unions
- Does not force employers to agree to specific union demands
- Does not change existing labor laws (provides constitutional backing for them)
- Does not apply to federal workplaces or federal employees
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
- Would constitutionally protect workers' right to organize and bargain — currently only protected by statute
- Would make Vermont one of only a handful of states to constitutionally protect collective bargaining
- 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 it could reduce flexibility for future labor law reform
- 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
Vermont is not currently a right-to-work state. But constitutional protection would prevent any future legislature from enacting such laws. If passed, Vermont would join Illinois (which banned right-to-work via constitutional amendment in 2022) as one of only two states with such explicit constitutional protection.
Equal Protection of Law
Constitutional amendment adding an explicit equal rights clause to the Vermont Constitution
Pending final passage in the 2025–26 legislative session; Senate Judiciary Committee approved February 2026
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.
Proposed Constitutional Text
“That the people are guaranteed equal protection under the law. The State shall not deny equal treatment and respect under the law on account of a person's race, ethnicity, sex, religion, disability, sexual orientation, gender identity, gender expression, or national origin.”
Nine Protected Characteristics
What it does
- Creates an explicit equal protection clause in the Vermont Constitution
- Prohibits the state from denying equal treatment based on nine protected characteristics
- Provides a stronger legal basis for challenging discriminatory laws in Vermont courts
- Applies independent of federal constitutional protections
- Codifies protections that could be at risk if federal equal protection doctrine changes
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
- Vermont's constitution does not currently contain an explicit equal protection clause
- Supporters say state-level constitutional protection would be independent of federal court decisions
- Passed the legislature 28-0 in the Senate and 140-4 in the House
- 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 note Vermont already has statutory anti-discrimination laws covering these characteristics
- Opponents argue constitutional amendments could produce unintended legal interpretations by courts
- Opponents argue constitutional amendments should not address issues already covered by statute
- Opponents note 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
Expected to receive final legislative approval and be certified for the November 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.