John Bloomer, the Secretary of the Senate, says lawmakers cannot amend the House and Senate rules to allow for a roll call vote for the gubernatorial election.
Under the Vermont Constitution, legislators must cast written ballots in a joint House and Senate session.
The ballots are written, and Bloomer says in his reading of the constitution, there is no provision for compelling lawmakers to disclose their ballot votes in a roll call, based on Mason’s Rules of Order, a parliamentary manual for state legislatures.
“No one can force you to declare,” Bloomer said.
Bloomer says the ballot vote, however, isn’t secret — legislators can voluntarily disclose their preference if they wish.
Calling for a roll call vote to change the House and Senate rules is not an option, Bloomer says. The Legislature would have to amend the constitution to change the procedure from a ballot to a roll call vote.
“You can’t amend the rule to amend the constitution,” Bloomer said.
Bloomer says he has communicated his opinion to Lt. Gov. Phil Scott who will ultimately rule on the issue as president of the Senate.
Lawmakers will elect the governor on Jan. 8. The House and Senate will hold a joint session that convenes at 10 a.m.
No candidate in the gubernatorial race got more than 50 percent of the vote. The names of Dan Feliciano, a Libertarian candidate, Scott Milne, a Republican, and Gov. Peter Shumlin, a Democrat will appear on the ballot.
While lawmakers typically vote on the floor, there are a few instances in which the ballot is used, including the election of the adjutant general, judges and trustees of the University of Vermont and the Vermont State Colleges.
