[T]he first legislative recount of a House race since 1985 is set for Wednesday, and results may not be known until the next day.
The 23 members of the committee that will count the ballots in the contested Orange County election also have been selected by the House leaders of the Democratic, Republican and Progressive caucuses.
The counting of votes is set to begin at 9:30 a.m. in Room 11 of the Statehouse. The ballots from the six Orange-1 District towns could take until Thursday to tally. The public or others are allowed to watch but will be kept separate from the people doing the counting.
The House earlier this month granted a petition from former Rep. Susan Hatch Davis, P-Washington, who contested the results that gave the seat to Bob Frenier, a Republican from Chelsea who has been sworn in as a representative. A Superior Court judge in December ruled Frenier beat Hatch Davis, who served five terms in the House, by seven votes.
Hatch Davis also trailed after votes were counted on Election Day and a later recount in Orange County.
The House, in a mostly party-line vote, agreed to Hatch Davis’ request for a new recount. A provision of the Vermont Constitution allows the chamber to judge the “qualifications” and “elections” of its members.
Under special rules agreed to by the House in a voice vote last week, a 23-member panel will conduct the recount, with leaders of the Progressive, Democratic and Republican parties choosing members from among their ranks in the House.
The 11 representatives on the House Government Operations Committee, which recommended the new recount to the full body, will be members of the special recount team.
Republicans have criticized the new recount, calling it a partisan move. A group representing town clerks across the state has also expressed opposition, saying it calls into question the integrity of local election officials.
Democrats and Progressives supporting the new recount say they want to ensure the accuracy of the vote so the public can have confidence in the election results.
If the special recount team members can’t decide a voter’s intent on a ballot, Townsend and the leaders of the two other party caucuses will have the final say, with the majority ruling.
Recount team members are:
• Progressives — Sandy Haas, of Rochester; Selene Colburn, of Burlington; Diana Gonzalez, of Winooski; Mollie Burke, of Brattleboro: Brian Cina, of Burlington; and Cynthia Weed, of Enosburg Falls, who also serves on the Government Operations Committee.
• Democrats — Warren Kitzmiller, of Montpelier; John Gannon, of Wilmington; Marcia Gardner, of Richmond; Jessica Brumsted, of Shelburne; and Tristan Toleno, of Brattleboro. All are members of House Government Operations.
• Republicans — Patricia McCoy, of Poultney; Brian Savage, of Swanton; Constance Quimby, of Concord; Janssen Willhoit, of St. Johnsbury; Linda Myers, of Essex; Mark Higley, of Lowell; and Eileen Dickinson, of St. Albans Town. They will be joined by House Government Operations Committee members Ronald Hubert, of Milton; Robert LaClair, of Barre Town; Patti Lewis, of Berlin; and Dennis Devereux, of Mount Holly.
