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By Michael Bielawski
Although voters picked a winner for the Green Mountain State’s Lieutenant Governor’s seat in last week’s elections, the state Constitution requires the Legislature formally vote in the candidate – or another non-winning candidate – if no candidate gets more than 50% of the vote, which no one did.
Article II, Chapter 47 of the Vermont Constitution states: “If, at any time, there shall be no election [defined as ‘the major part of the votes’] of Governor, Lieutenant-Governor, or Treasurer, of the State, the Senate and House of Representatives shall by a joint ballot, elect to fill the office, not filled as aforesaid, one of the three candidates for such office (if there be so many) for whom the greatest number of votes shall have been returned.”
X user @JJvonPepe17 sounded an alarm about the situation on the day after the election: “Republican John Rodgers wins for Vermont Lt. Governor BUT…. Despite losing by over 6,000 votes David Zuckerman, a progressive, refuses to concede and the election may be decided by the legislature,” he wrote.
Rodgers received 46.09% of the vote compared to 44.48% for Zuckerman. Third-party Peace & Justice (socialist) candidate Ian Diamondstone received 3.67%.
However, Zuckerman has conceded on both social media and talk radio. Still the final decision will go to lawmakers. And on his social media has clarified that he will not lobby for lawmakers to choose him. He further suggests that lawmakers should follow the voters.
Zuckerman says to follow the voters
Zuckerman for his part is not taking sides on the upcoming process. A post appearing on his campaign Facebook page explains that he will not choose to challenge the results of the election nor will he try to sway Senators on how to proceed.
“While it is within the margin for a recount,” he wrote. “It is clear that the votes were counted properly and I am not going to ask for a recount. Neither of us received 50% of the vote, and therefore our State Constitution requires that the decision goes to the legislature. I commit that I will not lobby legislators on this question.”
He further explains that he believes the Senators should follow the voters’ will. He also takes this opportunity to pitch that Vermonters adopt ranked-choice voting.
“I believe elections should be decided by the voters and not the legislature,” he wrote. “This is why I continue to advocate for Ranked Choice Voting. The majority of the people should decide. Not the legislature and not a plurality. … And the legislature should adopt it.”
Another X post also by @yeargain, recalls that in 2014 then GOP candidate for the Governorship Scott Milne had openly requested – unsuccessfully – that lawmakers select him despite his second-place status. A report by VTDigger notes that the legislature voted to support the will of the people.
Laura Krantz for VTDigger wrote, “Under the Vermont Constitution, if no candidate wins the plurality, the Legislature votes by ballot. Lawmakers on Thursday chose between the top three vote-getters: Shumlin, Milne and Libertarian candidate Dan Feliciano. Feliciano, who drew less than 5 percent of the vote in November, received no votes from lawmakers Thursday.”
The story notes that 69 lawmakers voted against the voter-selected candidate, who was then Democrat governor Peter Shumlin.
Calls national results “alarming”
Zuckerman in his post then gets into how Vermonters need to come together from across the aisle, though he nonetheless labels the nation’s national election results “alarming.”
“The national election results are very alarming. I know we are all very anxious about the next four years. More than ever, Vermont needs to be an oasis and a model for the country. We must work to resolve our differences, with a ‘town meeting’ mentality where we may not agree but we respect each other and assume we are all trying to improve things for all of us,” he wrote.
“A high-profile referendum”
Lola Duffort for Vermont Public suggests that this race was so competitive because it largely represents a public referendum. She wrote, “While the lieutenant governor’s office is largely ceremonial, the race was the most competitive statewide contest this year — and a high-profile referendum on who should speak for Vermont’s working class.”
The author is a writer for the Vermont Daily Chronicle
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Categories: Elections
With a secrete ballot winner takes all and in Vermont any thing can happen.
Re: Zuckerman’s “very alarming” election comment: well, that’s just one man’s personal opinion. What’s alarming to me is: what if the national election had gone to Harris and the Democrats? We dodged a bullet that could have been a national nightmare. And what’s this “we” being very anxious? Not me. I am at peace, Mr. Zuckerman.
I’m right there with you, Louis, regarding Zuckerman speaking for “all” of us. I refuse to be included in the “all” he is referring to.
“The national election results are very alarming. I know we are all very anxious about the next four years. More than ever, Vermont needs to be an oasis and a model for the country. We must work to resolve our differences, with a ‘town meeting’ mentality where we may not agree but we respect each other and assume we are all trying to improve things for all of us,” he wrote.
The People of The US have spoken ! Trump won BOTH The Electoral and The Popular Vote ! People should really see this for what it is ! We are sick of what has been going on and want change !
““I believe elections should be decided by the voters and not the legislature,” he wrote. “This is why I continue to advocate for Ranked Choice Voting.””
Sorry, I disagree, I’m absolutely opposed to rank choice voting. You make up your mind, commit, mark the ballot…the end!
The only cause of “alarm” is David Zuckerman himself and the revolutionist philosophies of his and his fanatical followers and “progressive” party members & affiliates.
The majority of Americans are ecstatic over the results of last week’s election and are obviously ready and able to take this nation back and out of the hands of these tyrants who honestly believed the citizens would passively and foolishly allow their nation to be seized by a subversive minority of overlords bent upon establishing Communism in lieu of self-rule & freedom.
Take a hint: WRONG.
I for one am so happy to be unburdened by what has been and now with a sturdy hand we can turn the page. Lots to look forward to.
Please, David Zuckerman is an expert in presenting deceptive sophistry. He hasn’t ‘nixed’ anything. In fact, he stated that he “will not lobby legislators on” the Vermont constitutional requirement that the decision of who should be Lt. Governor “goes to the legislature”.
In other words, the ball is in their court. Tsk, tsk. He’s actually creating plausible deniability for circumventing the will of the people.
And then Zuckerman slips in his other preference: Ranked Choice Voting (RCV).
But of course. Under RCV, the same thing occurs as when candidates fail to receive a majority of votes in today’s governance. The top two vote getters compete in a second election.
Think about it. When Zuckerman says he believes “…elections should be decided by the voters and not the legislature”, he’s not advocating for our Constitutional Republic, but rather a ‘pure’ or ‘direct’ democracy in which two wolves and a lamb vote on what to have for lunch.
With all due respect (former) LT. Governor Zuckerman, if Ranked Choice Voting was inflate 2 years ago, you would not have won the Democrat-Socialist party Primary. You did not receive 50% nor did any of the 3 other opponents, And, I submitt that Rep. Kitty Toll would have defeated you head-to-head between just the two of you on a 2nd ballot. Needless to say, RCV is horrible and un-American and unConstitutional.
Additionally, the “National elections are alarming?” You need to get out from underneath Rodgers cannabis plants that are damaging your brain. You Democrat-Socialist have systematically ruined our great Nation and beautiful Green Mtn. State. President Donald J. Trump is the only leader with his record of accomplishments, and his Teams and “We The People’s” policies to save America and Vermont is God’s Will through the People.