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