MONTPELIER, Vt. (AP) - A second Vermont recount for a state House seat has some Republicans and town clerks crying foul, but Democrats say the incumbent who lost has a right to ask the Legislature to resolve the contested election.
Susan Hatch Davis, a Progressive, from Washington, went to court after the November vote showed Republican Robert Frenier of Chelsea beat her by eight votes, and a recount showed he won by seven.
The court refused to authorize a second recount, so Davis asked the Legislature to intervene.
Now the House Republican leader is accusing Democrats of trying to steal a seat to prevent the GOP from sustaining a governor’s veto.
“We have 53 Republicans; that’s enough to sustain a governor’s veto,” said Rep. Don Turner. “If you take away one of those, and you have a person or two out sick, you can’t sustain a governor’s veto. So it’s very concerning.”
House Government Operations Committee Chairwoman Maida Townsend, a Democrat, said the recount is not partisan and is in no way questioning anyone’s integrity. She said the committee heard testimony on differing views on the topic.
“When all was said and done, our bottom line was we needed to make a decision that we felt could affirm as best as could be possibly done the will of the voters in Orange District-1,” she said.
Previous contested races that were brought to the House in 2009 and 2011 didn’t change the result of the elections.
Frenier declined to comment Monday, instead referring to an editorial he wrote that appeared in the Barre-Montpelier Times Argus on Feb. 8, saying the impact of the “fact-free” legislative decision to interfere in Vermont’s non-partisan election process will be considerable for some time unless House Democrats reconsider.
“What losing candidate in a future close election will accept the outcome of a court certified recount if they can address their grievances to their party colleagues in the legislature even if no meaningful procedural errors can be cited?,” he wrote.
The Vermont Municipal Clerks’ and Treasurers’ Association has similar concerns, saying the recount undermines the integrity of all town and city clerks and justices of the peace, who are charged with being responsible for the integrity of elections.
“This recount will set precedence for all close races and essentially make the General Assembly have the overarching authority of all close elections,” the association said in a letter sent last week to the governor, secretary of state and House members.
Davis has not returned a phone call seeking comments. Vincent Illuzzi, her lawyer in the court case, said they have no confidence in the results of the first recount so they appreciate that the House is taking a second look.
The House Government Operations Committee is working on the procedure for the recount and Townsend hopes the full Legislature may take up those steps this week.
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