Two photos of men in suits having conversations. The man on the left has dark hair and a blue patterned tie. The man on the right has gray hair, a mustache, and an American flag-themed tie, holding documents.
David Zuckerman, left, and John Rodgers. Photos by Riley Robinson and Mike Doughtery/VTDigger

Though unofficial results show that he lost Tuesdayโ€™s election for lieutenant governor of Vermont, Progressive/Democratic incumbent David Zuckerman had yet to concede the race as of Wednesday evening โ€” even as his opponent, Republican John Rodgers, was all but declaring victory.

โ€œVermont, we have a new lieutenant governor,โ€ Rodgers wrote on his campaign Facebook page Wednesday morning, though he added that he was anticipating the race would head to a recount.

As of 5 p.m. Wednesday, with unofficial results available from all Vermont cities and towns, the margin between the candidates was slim but showed Rodgers ahead with 46.2% of the vote to Zuckermanโ€™s 44.6%. About 6,020 votes separated them.

But thereโ€™s a catch โ€” since neither candidate won 50% or more of the vote, the Vermont Constitution stipulates that the Legislature has the final say when it convenes in January. Thatโ€™s assuming the Secretary of Stateโ€™s Office certifies the current vote percentages next week.

The Constitution does not require that legislators pick the candidate who received a plurality of votes, which in this case, is Rodgers, the unofficial results show.

In an interview on WCAX Wednesday morning, Zuckerman pointed to that constitutional process, saying he planned to โ€œreally analyze the dataโ€ over the coming days. 

โ€œThe Constitution has a process for figuring out what happens next. I have other considerations โ€” do you do a recount? Itโ€™s really too soon for me to just say he won,โ€ the incumbent said. โ€œBut thereโ€™s no doubt heโ€™s got more votes at this point in time.โ€

In an interview with VTDigger later that morning, Zuckerman would not say whether he would seek to contest the outcome before the Legislature in January. 

โ€œRight now Iโ€™m operating on two hoursโ€™ sleep, and I need to evaluate what the results are,โ€ he said. 

Zuckerman sounded a somber note in an email to his campaign supporters later that day, writing, โ€œLast night did not bring the results we had hoped for.โ€ But he appeared to stop short of formally conceding the race.

And in a text message to VTDigger around 4:30 p.m., he declined to elaborate.

โ€œI think I made it clear earlier today,โ€ Zuckerman wrote. โ€œI am not going to make a final call on two hours of sleep.โ€

Rodgers, meanwhile, had all but formally declared victory, though he said in an interview Wednesday afternoon that he was waiting for the Secretary of Stateโ€™s Office to officially certify this weekโ€™s results, a process that typically takes a week.

Paul Heintz contributed reporting.

VTDigger's state government and politics reporter.