In a largely party line vote, the Vermont House decided Friday to affirm the victory of Rep. Jonathan Cooper, D-Pownal, in the contentious Bennington-1 district election.
Roughly 50 people in the district received the wrong ballot in the November election, and the race between Cooper and Republican Bruce Busa was decided by fewer than 30 votes, calling into question if the error influenced the result and how that should be handled.
The Vermont Constitution gives the Legislature the power to judge the elections of their own members, according to historic Vermont Supreme Court decisions, requiring that the House determine the result of a contested election like Cooper’s.
Rep. Matt Birong, D-Vergennes, chairs the House Government Operations and Military Affairs Committee, which led the investigation into the Bennington-1 race. He said on the House floor Friday that his committee’s bipartisan support for affirming the election results — committee members voted 10-1 in a straw poll to endorse the existing outcome — was indicative of a “collaborative” decision making process.
“The House had never previously ordered a revote or special election in response to a request to judge the election and qualification of a member,” he said Friday.
Despite the support of most GOP members in the Government Operations Committee, Republicans in the broader House spoke out against the decision on the floor Friday.
“I don’t believe democracy has been served,” Rep. Casey Toof, R-St. Albans Town, said. Many Republicans called for a revote in the race — an option considered by the Government Operations Committee but ultimately rejected.
Vermont GOP Chair Paul Dame decried the Legislature’s decision.
”It was greatly disappointing to see voters be told that they have to vote for Democrats to save Democracy — and then for the Democratic majority to be the ones to knowingly ignore voters,” he said in a Friday statement. “Democrats failed to act to correct the injustice delivered to voters in Pownal.”
Busa could not be reached for comment on Friday.
In an email, Cooper said he was relieved the “uncertainty and distraction” had been resolved for him and his constituents.
“I am glad that we all can now focus on the matters that shape our future, and the legislation that can help us get where we want to go,” he said. “As much as I appreciate the outcome, I appreciate the breadth of perspectives and concerns shared by my colleagues on the floor even more.”
The election error dates back to 2022, when a single street in Pownal was divided into two separate House districts. The mix up has caused some voters in both Bennington-1 and nearby Bennington-5 districts to receive the wrong ballots, though the margin of victory in the latter race was far greater than the number of erroneous ballots.
The Bennington-1 district includes Pownal, Readsboro, Searsburg, Woodford and Stamford.
Read the story on VTDigger here: House supports election win of Democrat Jonathan Cooper in Bennington-1 race marred by ballot error.