Editor’s note: This commentary is by Sarah Buxton, of Tunbridge, who served three terms in the Vermont House of Representatives. She won her first election against David Ainsworth by one vote in 2010, and lost her last election to him by two votes in 2016.
[T]his week, the House is set to vote on whether it will re-examine the ballots in the Orange-1 House race to certify the will of the voters. While incumbent Rodney Graham, R-Williamstown, and the newly elected Rep. Bob Frenier, R-Chelsea, have already been seated and sworn-in, former district Rep. Susan Hatch-Davis, P-West Topsham, contends that there were ballots cast in this (very close) election that were not counted. It’s highly likely that she’s right.
There is a Republican movement afoot to try to stop the Legislature from examining the ballots in this district. Rather than join their colleagues in an honest, nonpartisan effort to make sure every vote is counted, the Republicans are crying foul, content to let undisputed errors go uncorrected. Though the likelihood is small that a heightened examination of the ballots will result in a different outcome in the race, the likelihood of more votes being counted is great.
Six years ago, I was also a newly sworn member of the House, watching carefully as the House considered a similar petition questioning my “qualifications” to serve. I won my election by one vote, defeating a two-term incumbent. As is his right, my opponent challenged the results of our election and used every appeal available to him. The courts, the attorney general, and eventually the House of Representatives itself upheld the outcome. Each level of scrutiny contemplated and answered the most fundamental question to our democracy: What did the people say?
If inspecting each ballot with human eyes meant that the intent of eight voters in our small district were given effect, it follows that at least as many voters could be disenfranchised right now in our neighboring district where nearly twice as many votes were cast.
This past election night, returns showed that I won the Windsor-Orange 1 race by another narrow margin: three votes. Again, my opponent exercised his right to challenge the results. Another recount ensued, resulting in a tie. In observing the recount process, my Republican opponent and I agreed that our ballot tallying system is indeed efficient, but lacks the precision that our democracy demands in determining the winner in a very close race. Setting partisanship aside, we agreed to count the votes again, this time with a process that included a visual inspection of every ballot. We were committed to discovering and upholding the basic tenet of our democracy: What did the people say?
Guess what? The people said that I lost. David Ainsworth beat me by two votes and now serves as the duly elected state representative for our district. This is as it should be because the result gave effect to the votes cast by the people in our district. I may have lost, but free and fair elections — and a stronger democracy — prevailed.
By visually inspecting the ballots in our second recount, eight more ballots were included in the tally than were counted initially. If inspecting each ballot with human eyes meant that the intent of eight voters in our small district were given effect, it follows that at least as many voters could be disenfranchised right now in our neighboring district where nearly twice as many votes were cast. For the voters in Chelsea, Williamstown, Orange, Washington, Vershire and Corinth, the question remains: What did the people say?
If the Legislature were to do as the House Republicans suggest (nothing), it would be tantamount to telling voters that their ballots should only be counted in some circumstances — like when it favors a particular political aim. Instead, House Democrats are assuring all of Vermont’s voters that every vote matters and will be counted.
Democrats should be praised for their commitment to protecting and upholding the votes of every Vermonter. At a time when our national political and campaign systems are under serious scrutiny, I for one am grateful and heartened by our Democratic leaders in the House who will never shy away from protecting our democracy and asking: What do the people say?
