Democrats Spin Vermont's Constitution

Peter Shumlin, candidate for Lt. Governor and vocal spokesman for the Democrats, continues his attempts to persuade voters and the people of Vermont that the Legislature should rubber stamp the candidate who receives the most votes in the election should none receive a majority (greater than 50%). Further, he states that if he finishes second or third in the race, he will not serve even if selected by the Legislature. That choice is his privilege.

However, for Mr. Shumlin to suggest that Mr. Dubie's and Mr. Pollina's character is faulty because they have not taken the same pledge is absurd. These men have every right to agree or not to serve if the Legislature must choose among the top three vote getters. Recently, Governor Dean also joined the Democratic chorus suggesting that all Legislators should agree in advance to vote an open ballot. Others argue the Legislative ballot must be secret based on law and precedent. I believe the Vermont constitution allows the Legislature to control the voting method.
Because the Democrats fear the Legislature will be in Republican hands, they are using these shenanigans to raise a fairness argument to influence Legislators before the election. Under Vermont's Constitution the Legislature will most likely select the Governor and Lieutenant Governor because no candidate is likely to receive a majority of the popular vote. Only because the Legislature may be in Republican hands, is the Democratic chorus singing this tune. If the Democrats were likely to be in the majority, they'd be silent.

Here's the constitutional provision.

The Vermont Constitution § 47. Election of Governor, Lieutenant-Governor and Treasurer

"The voters of each town shall, on the day of election for choosing Representatives to attend the General Assembly, bring in their votes for Governor, with the name fairly written, to the Constable, who shall seal them up, and write on them, Votes for Governor, and deliver them to the Representatives chosen to attend the General Assembly; and at the opening of the General Assembly, there shall be a committee appointed out of the Senate and House of Representatives, who, after being duly sworn to the faithful discharge of their trust, shall proceed to receive, sort, and count the votes for Governor, and declare the person who has the major part of the votes, to be Governor for the two years ensuing. The Lieutenant-Governor and the Treasurer shall be chosen in the manner above directed.

The votes for Governor, Lieutenant-Governor, and Treasurer, of the State, shall be sorted and counted, and the result declared, by a committee appointed by the Senate and House of Representatives.

If, at any time, there shall be no election, of Governor, Lieutenant-Governor, or Treasurer, of the State, the Senate and House of Representatives shall by a joint ballot, elect to fill the office, not filled as aforesaid, one of the three candidates for such office (if there be so many) for whom the greatest number of votes shall have been returned."

The Legislature should choose the man best qualified to serve as is their constitutional duty. Mr. Shumlin should endorse the prescribed constitutional method or work to change it if he disagrees.