Vermont Business Magazine The Vermont Secretary of State supports a district-wide revote to assure that every voter in the Bennington-1 House District has a chance to vote. The district-wide revote should occur because of an error in Pownal’s checklist, which placed about 40 voters in the wrong legislative district. The outcome of the Bennington-1 House race could have been impacted by this error because Democrat Jonathan Cooper’s margin of victory was only 25 votes over Republican Bruce Busa.
Every 10 years the Vermont House of Representatives and the Vermont State Senate are reapportioned to reflect Vermont's changing population patterns. After the 2020 Census, Act 89 (2022) designated new boundaries for legislative districts.
In advance of the 2022 election cycle, the Vermont Secretary of State’s Elections Division worked with town clerks, E-911 staff, and others to update district boundaries. However, in that process, an error was made. In Pownal, the centerline of Barber Pond Road was specified as part of the boundary between two legislative districts. The north side of the road is part of the Bennington-5 House District, while the south side of the road is in the Bennington-1 House District. Residents living on the south side of Barber Pond Road were mistakenly assigned to the Bennington-5 House District. As a result, approximately 40 voters received a ballot with the incorrect house district. This error was not discovered during the 2022 election or in the lead-up to the 2024 General Election.
In the 2024 General Election for the Bennington-1 House seat, Jonathan Cooper (D) received 1,265 votes (48.3%) while Bruce Busa (R) received 1,240 votes (47.35%).
Per Vermont law, the first step in the remediation process is for the losing candidate to file a recount petition in Bennington Superior Court (17 V.S.A. §§ 2601 and 2602). This request must be filed in court within 7 calendar days from the election. Once before the court, the court has a range of remedies at its discretion, including a recount, a town-wide revote, or a district-wide revote.
In light of the circumstances, the Vermont Secretary of State’s Office supports a district-wide revote for the Bennington-1 House District to assure that every voter in the district has a chance to have their vote counted.
The Bennington-5 House race was not close. Because the error could not have impacted the result, the Vermont Secretary of State’s Office doesn’t see a necessity to hold a district-wide revote in the Bennington-5 House District.
The Vermont Secretary of State’s Office has been in close contact with the relevant town and district clerks and the candidates to work through this issue.
Source: 11.8.2024. Montpelier, VT - The Vermont Secretary of State
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