By Kolby LaMarche

This month a civil lawsuit filed by two Burlington residents has thrust the city’s election oversight processes into the spotlight.

William Oetjen, chair of the Burlington Republican Party, and Jeffrey Comstock filed suit in Vermont Superior Court on November 25 of 2025 alleging that the City of Burlington has violated state election law by failing to maintain minimum Republican representation on the Board for Registration of Voters (BRV). 

The 12-member board handles critical election duties: reviewing additions and removals from the voter checklist, resolving registration issues on Election Day, attending monthly meetings, and conducting voter outreach.

The plaintiffs point to state law, 17 V.S.A. § 2143, a Vermont statute that requires boards of civil authority — bodies responsible for voter checklist maintenance and election integrity in most towns — to include at least three members from each major political party (Democrats and Republicans). 

If representation falls short, the local legislative body must appoint qualified members from a list submitted by the underrepresented party upon request. 

Burlington’s BRV currently lists five Democrats, four Progressives, two Independents, and one Republican — a composition the suit claims leaves Republicans underrepresented and undermines public confidence in fair elections.

The city has countered, however, with a motion to dismiss filed on January 3, arguing that the state statute applies only to traditional “boards of civil authority” and not Burlington’s unique BRV. 

City Attorney Jessica Brown emphasized in court documents that Burlington operates under its own charter (adopted in 1949 and amended over time), which creates a distinct structure for election functions. 

Unlike most Vermont municipalities, where the board of civil authority combines selectboard members, justices of the peace, and the town clerk, Burlington’s BRV is a separate appointed board with no single entity functioning as a full board of civil authority for all purposes, they argue.

The charter itself establishes the BRV with 12 members appointed by the City Council, and while it caps membership at six from any single political party, it imposes no minimum requirement for the major parties. 

This differs from the state mandate for civil authority boards, which the city says would lead to illogical results if applied broadly to all its commissions and committees. 

The dispute isn’t new. In 2021, when Republican representation dipped similarly low, then-Vermont GOP Chair Paul Dame raised the issue.

City officials consulted the city attorney, referenced the board of civil authority statute, and appointed two Republicans to comply temporarily. 

The lawsuit highlights this precedent, noting that the board had three Republican members in March 2024; one resigned in April 2024 and a second left in June 2025. 

In August 2025, when a Republican resigned and was replaced by a Democrat, no similar effort was made to recruit a replacement Republican, and no Republican residents applied during the open process, according to the City.

Oetjen submitted applications in September of 2025 for himself, Comstock, and three other Republicans to address the imbalance, but the council took no favorable steps. 

Represented by attorney Brady Toensing, the plaintiffs argue the BRV performs the same core functions as a board of civil authority — checklist management, Election Day registration resolution, and ensuring election legitimacy — and thus should be subject to the same bipartisan safeguards under state law. 

Tensions over representation have played out directly in recent BRV meetings. 

Minutes from a board session capture Karen Rowell, a Republican member and longtime Burlington GOP activist, expressing strong frustration after the appointment of new member Janet Stambolian, stating she “feels she should not be the only Republican on the board and was upset by the appointment decision.” 

Rowell advocated for “equal political representation” to bring diverse perspectives, especially when investigating registration issues and advocating to the Secretary of State’s Office.

Rowell questioned the limited outreach for vacancies — primarily on Front Porch Forum — which she said may not reach conservative residents. 

She noted that conservative applicant Jeff Comstock (a plaintiff in the lawsuit) had applied but was rejected. When asked if Republicans had applied, Rowell said she did not know, but emphasized the need for broader advertising. 

Board member Alison Harte mentioned reaching out to Rowell for additional posting suggestions, while Lauren Ebersol proposed a standardized list of outlets for future announcements. 

Member Grace Grundhauser clarified that if a qualified Republican had applied and been rejected, the Republican Party could formally object. Rowell indicated then that she plans to appeal the appointment to the City Council.

The discussion also explored potential charter changes for greater flexibility. Rowell asked if membership language could state a “minimum of 12 members” to allow broader political balance. Colleen Montgomery and Grundhauser explained that such language derives from the City Charter and would require voter-approved amendment. Lesley Gendron noted adjustments might only be needed if board size increases.

Sean Sheehan, director of elections in the Vermont Secretary of State’s Office, described Burlington’s charter as a “complicated wrinkle,” noting the state lacks direct enforcement authority over charter cities’ election structures. Such matters must be resolved judicially.

The case unfolds in a city where Republicans remain a small minority amid strong Democratic and Progressive majorities. Mayor Emma Mulvaney-Stanak leads a progressive administration, and the council often reflects left-leaning priorities, even with a Democrat majority. 

The last elected Republican from Burlington, who served in both the council and as a state rep., was Kurt Wright who left elected politics around 2020. 

For Republicans like Oetjen, Comstock, and Rowell, the issue is about fairness and trust. 

“This board is meant to ensure not only fair and properly functioning elections, but also public confidence in the legitimacy of Vermont elections,” Toensing, their attorney, said.