Cynthia Browning
Rep. Cynthia Browning, far right, called on House Speaker Mitzi Johnson to call a quorum in order to vote on emergency COVID-19 legislation. Photo by Mike Dougherty/VTDigger

John Walters is a political columnist for VTDigger.

Rep. Cynthia Browning, D-Arlington, has served in the Legislature since 2007. But this could turn out to be her last year under the Golden Dome. When, on March 25, she requested a quorum call on emergency COVID-19 related legislation, dozens of lawmakers were forced to travel to the Statehouse and violate state rules banning gatherings of more than 10 people. Her action led to the loss of her committee assignment; it may also imperil her political future. 

Backlash erupted on social media in Bennington County. Harsh letters were published in the Bennington Banner and Manchester Journal. In an editorial, the Banner called her action “less of a brave stand and more of a tantrum.” And local Democrats are searching for candidates to challenge Browning in the August primary.

“A lot of people have criticized her,” said Tom Haley, chair of the Bennington County Democratic Committee. “There are definitely groups looking for other candidates.”

Former state Rep. Jeff Wilson of Manchester, who served from 2009 to 2015, said “it’s hard to tell” if Browning’s action will have political consequences, “but I think it would have to. If you hold public officials accountable for their decisions, this is one of the worst I’ve seen in decades.”

In fact, he didn’t close the door to a candidacy of his own. “If anything’s going to tempt me, it will be this,” Wilson said.

He’s almost certainly not alone. “There were already people thinking of running. There might be more now,” said Browning. 

She may be a six-term incumbent, but that doesn’t mean Browning has always sailed to reelection. In four elections since the last legislative redistricting in 2012, she has finished second (in a race for two seats) three times. She nearly lost in 2016. In 2018 she finished far behind first-time candidate Kathleen James.

In Browning’s first three races, her district was dominated by her home base of Arlington and she had no trouble winning. In the 2012 redrawing, her district and neighboring Manchester’s were combined into a single two-seat district — and Manchester is nearly twice as large as Arlington. (The district, Bennington-4, also includes the small communities of Sandgate and Sunderland.) James is from Manchester, and Browning believes another candidate from Manchester is already planning to run, although no one has publicly come forward.

Under almost any circumstance, Browning could count on public support — or, at the very least, neutrality — from the Democratic Party and the House Democratic caucus. “The party doesn’t take a position on primary candidates,” said Susan Borden, one of the county’s three delegates to the state Democratic committee. A noble sentiment, but it didn’t prevent Borden from writing a stinging letter to the Banner in which she slammed Browning’s “last minute decision to ambush the House of Representatives,” which, Borden added, endangered public health.  

Within hours of Browning’s quorum call, a strong statement was released by Terje Anderson, chair of the Vermont Democratic Party. He characterized Browning’s action as “an irresponsible step that unnecessarily risks the health of our House members,” and concluded: “The Vermont Democratic Party unequivocally condemns this misguided and dangerous action during this emergency.”

It’s not clear how, or whether, the entire party came to this decision; the time frame was too quick for an actual state committee vote. And it remains unclear how, or whether, the party will turn this statement into political action, such as actively supporting a newcomer for Browning’s seat. Democratic Party officials did not return requests for clarification. 

Cynthia Browning
Rep. Cynthia Browning is interviewed on March 25, 2020, after calling for a quorum to be assembled for a House vote on COVID-19 measures. Pool photo by Kevin McCullum/Seven Days

Former state Rep. Tim Jerman, who is now one of the state party’s two Democratic National Committee members, said it’s common practice for the party and caucus to refrain from publicly opposing incumbents, no matter how troublesome they might be. But, he added, “This is a pretty egregious case. People’s lives were put in danger. This might be different.” And when asked if legislative and party leaders might publicly support a credible challenger, Jerman responded “Absolutely.”

Similar sentiments came from former House speaker Shap Smith. “It’s an extraordinary situation when it would be appropriate to support a challenger,” he said. But he implied that this situation might be extraordinary enough. “When a member is perhaps endangering people’s health, that’s over the line,” Smith said. “Rep. Browning showed a monumental lack of judgment.”  

Browning herself remains unrepentant. In an essay posted to her Facebook page, she wrote that House Speaker Mitzi Johnson, D-South Hero, “has punished me for insisting that the rules of the House be followed,” and added that members who too often stray from the party line may face punishment “through the allocation of campaign funds and other forms of party assistance.”  

Which won’t stop Browning from being Browning. “I do what’s right and accept the consequences,” she said in a Sunday phone interview.

The consequences might include an end to her 14-year run in the House. And she’d rather lose an election than back down from a fight.

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