No. 2 Candidate Could Win
In Three-Way Governor’s Race
By Jon Kearney

Vermont voters’ second choice for governor could be thrust into office—by the legislature—after the November election, if none of the three candidates running can muster more than 50% of the vote.

Local Democratic legislators, contacted by The Herald, refused to rule out an intervention, should a close, three-way race put the final decision in the hands of the legislature.

Interviews indicated that many local legislators are already thinking about how they might vote, should none of the candidates—Republican Gov. Jim Douglas, Democratic candidate Gaye Symington and Progressive Anthony Pollina—get a clear majority of votes.

If, for example, current incumbent Douglas were to gain the most votes, but without a majority (i.e. any figure below 50%), then the state constitution would require a call-in by the General Assembly.

That could lead to the Democratic-dominated state legislature potentially pushing through the voters’ second choice into office—a scenario that has occurred only once in the past 100 years.

Democratic candidate and outgoing House Speaker Gaye Symington carries significant sway within the legislature and shares a party affiliation with 93 of the 150 representatives and 23 of the 30 state senators.

Should the race end up in the legislature, Windsor County Sen. Dick McCormack, a Democrat, said he would advocate the consideration of the second-choice candidate.

"I have personally made a case for this," McCormack said, "and I think we would have to look at this if there was a three-way split.

"If Douglas came in first in that situation you would have to at least consider the argument that the majority voted against him," McCormack continued.

"Some will say ‘What about the will of the people?’—but what about the will of the people? The fact is that in the election they’ll have given a confused and contradictory expression of their will.

"I think it’s fair to assume those that voted for Pollina would choose Symington over Douglas and those that voted for Symington would prefer Pollina over Douglas," the senator concluded.

Other Democrats The Herald spoke to were more guarded on the issue, but none stated their commitment to vote for the most popular candidate, should the decision fall to them.

Rep. Jim Hutchinson of Randolph said: "I think that I would need to see how my district voted.

"It’s a very difficult question," added the Democrat representative, "but my responsibility is to represent the people in my district. It doesn’t matter who it is, I would represent that choice."

In a similar vein, Rep. Jim Masland said, "As of today I haven’t made up my mind. I wouldn’t commit to anything because there’s a long time to go.

"One thing I would want to know is how my district voted but it’s a long time away," the Thetford Center Democrat said. "The party would sit down and talk about a caucus and have a discussion."

Rep. Patsy French of Randolph, also a Dem, said she was "not aware of any particular party stance on this issue." The majority of Democrats in the legislature were counting on an outright victory for Symington in November, she indicated.

Republican Rep. David Ainsworth of Royalton holds out the same hope for his own candidate, but would unequivocally support him should the decision be left in the hands of the lawmakers.

"I would back him (Douglas) in that situation. We share a political allegiance so I would have no reservations in doing that," he said.

"The Dem majority would be a concern. I’m not sure how the other representatives would deal with it. I wouldn’t put it past some of them to try and oust him, but then I don’t think that would be the case for everyone."

And what of the all-important third candidate that would make this unusual constitutional quirk a reality?

Pollina’s share of the vote has grown steadily over the years and further improvements in the next election could easily push the left-of-center candidates into a combined majority.

Progressive Rep. Sandy Haas of Rochester, who would not comment on the possible task facing the House, said: "Pollina received 25% of the vote in the lieutenant governor race in 2002, which was up from 10% the time before.

"He is well known and respected in Vermont and we expect him to increase his share of the vote from 2002. He has the ability to articulate his thoughts in a way that people welcome and embrace," Haas added, "and I see him as a strong candidate this time around."