When 56 voters in Vermont's Bennington-1 House District received the wrong ballot in November 2024 (because of voter checklist errors after reapportionment) and the certified margin of victory was only 23 votes, what should the Vermont House of Representatives do under its constitutional power to judge the elections of its own members?
Plain-English summary
The 2024 general election for Vermont's Bennington-1 House District was won by Jonathan Cooper over Bruce Busa by 25 votes (later narrowed to 23 after a court-ordered recount). After Election Day, the Pownal Town Clerk discovered that the voter checklist had errors arising from the 2022 reapportionment: 56 voters who lived in the Bennington-1 House District had been on the Bennington-5 House District checklist, and 14 voters who lived in Bennington-5 had been on Bennington-1. The 56 affected Bennington-1 voters received Bennington-5 ballots and could not vote in the Bennington-1 race.
Mr. Busa and groups of voters and town boards (Pownal residents, the Stamford Board of Civil Authority, the Readsboro Board of Civil Authority) filed requests with the House asking it to exercise its constitutional authority to judge the election. Under Vt. Const. ch. II § 14, the House has exclusive authority to judge the elections and qualifications of its own members.
The AG's role is set by 17 V.S.A. § 2605(b)(1): investigate the facts and provide a report on the law and facts to the Clerk of the House at least 10 days before the General Assembly convenes. The opinion is that report.
The AG's findings:
- All four requests were properly filed under § 2605.
- 56 voters registered in Bennington-1 received Bennington-5 ballots in error.
- The certified recount margin of victory was 23 votes.
- The number of voters unable to properly cast a Bennington-1 ballot exceeded the margin of victory.
- No other district elections were affected by the checklist errors.
The AG explicitly does not recommend a remedy. The decision (revote in Pownal, revote district-wide, seat the certified winner, etc.) is for the House.
What this means for you
If you are a Vermont legislator on the House floor when this is voted on
The AG has given you the factual predicate: 56 misballoted voters exceeds the 23-vote margin. The constitutional decision is yours under Chapter II, Section 14. The opinion notes that requesters' proposed remedies vary from a precinct-only revote (just the affected voters) to a district-wide revote.
Considerations beyond the bare facts:
- Affected voter remedy. Letting the 56 misballoted voters vote in a corrective process is a tailored remedy.
- District-wide revote. Treats all voters equally but is more burdensome and disrupts already-cast votes.
- Seating the certified winner. Honors the recount but leaves 56 voters who never had the chance to vote.
The AG does not pick among these. Section 2605 gives the House the choice.
If you are a Vermont municipal clerk in a split district
This is a cautionary tale. Pownal is divided by reapportionment between Bennington-1 and Bennington-5. The Town Clerk must update street-level voter assignments in VEMS (Vermont Election Management System) accurately. Errors compound when the towns have to map specific street segments (Barber Pond Road, South Stream Road, Moonrise Drive) to districts.
Best practices:
- Coordinate with the Secretary of State's Office, your Board of Civil Authority, and your E911 coordinator.
- Verify checklists street-by-street after reapportionment.
- Audit address-to-district assignments before September of an election year (mailing of ballots starts mid-September).
- When voters report receiving wrong ballots, investigate immediately, not after the election.
If you are a candidate facing a similar situation in a future election
This opinion gives you the procedural roadmap for filing a Section 2605 request. You need to:
- File a written request with the Secretary of State.
- Either be a candidate, a town officer in the district, or get 25 voters to sign.
- File within 20 days of the election (or 10 days after final court judgment in a recount).
- Specify the candidate(s) whose election is being challenged.
The AG will then investigate and report.
If you are a Vermont voter wondering about future elections
If reapportionment splits your town between districts, watch your ballot carefully. The label at the top should match the district your address is in. If you receive what you suspect is the wrong ballot, contact your town clerk before voting (or before submitting an absentee ballot). A pre-election report is the easiest fix.
Common questions
Q: What is the House's constitutional power to judge its own members' elections?
A: Vt. Const. ch. II, § 14: "[t]he Representatives so chosen... shall have power to... judge of the elections and qualifications of their own members." This is exclusive authority for the House. Courts cannot order remedies that override the House's judgment (the Bennington County Superior Court denied Mr. Busa's revote motion specifically because the question is for the House).
Q: What does the AG do under § 2605?
A: Investigates facts, applies the law, and reports to the Clerk of the House. The AG does not recommend a remedy or vote on the question. The report informs the House's deliberation.
Q: How did the checklist errors happen?
A: After the 2022 reapportionment (Act 89), the Secretary of State's Office added new district names to VEMS and town clerks reviewed street listings to assign streets to the new districts. In Pownal, a town split between two districts, the clerk had to determine which side of Barber Pond Road, South Stream Road, and Moonrise Drive belonged to which district. The errors were not discovered until after the election.
Q: Was the Bennington-5 race affected?
A: No. The two-seat Bennington-5 race had a margin of 177 votes between the second-place winner and the third-place candidate. Even with all 56 misballoted voters subtracted, the Bennington-5 outcome would not change.
Q: What if all 56 misballoted voters had voted, would the result have changed?
A: That is uncertain. The AG only reports that 56 misballoted voters exceeded the 23-vote margin. Whether they would have voted, and how they would have voted, is unknown. The House has to decide whether the possibility of a different outcome is significant enough to warrant a revote.
Q: Were there other indicators of the error?
A: Yes. Some Bennington-5 ballots had write-in votes for "Bruce Buso" (the Bennington-1 candidate) and Jonathan Cooper, suggesting voters knew they wanted to vote in Bennington-1 and wrote in candidates instead.
Background and statutory framework
Vermont's reapportionment process. Title 17, chapter 19 governs reapportionment after the decennial census. The 2022 reapportionment, enacted as Act 89, divided the Town of Pownal between Bennington-1 and Bennington-5 House Districts. The Bennington-1 boundary in Pownal runs along VT Route 7 and segments of Barber Pond Road and South Stream Road, with specific reference to power lines and the Stamford town line.
The voter list maintenance. The Secretary of State's Office updates VEMS to reflect reapportionment. Town clerks then update street listings. For towns split between districts, this is a granular process requiring street-segment-level decisions. Universal vote-by-mail ballots are designed and mailed based on VEMS data.
The recount and final judgment. Bruce Busa filed a recount petition under 17 V.S.A. § 2602 in the Bennington County Superior Court. The recount on November 18, 2024 narrowed the margin from 25 votes to 23. The court entered final judgment November 25-26, 2024, finding Jonathan Cooper the winner.
Section 2605 contests. Section 2605 lets a candidate, town officer, or 25 voters in a district file a written request with the Secretary of State asking the House to exercise its constitutional authority. The AG investigates and reports facts to the Clerk of the House at least 10 days before the General Assembly convenes.
House remedy. Under Vt. Const. ch. II § 14, the House decides what to do. Kennedy v. Chittenden, 142 Vt. 397 (1983), confirms that "the final determination of the election and qualifications of its members" rests "exclusively in the House of Representatives." The House could order a revote, seat the certified winner, or decline to act.
Citations and references
Statutes and Constitution:
- 17 V.S.A. §§ 1893b, 1901, 1903, 2537a, 2602, 2602a-j, 2605
- Vt. Const. ch. II § 14
- Act 89 (2022)
Cases:
- Kennedy v. Chittenden, 142 Vt. 397 (1983) (House exclusive authority)
Source
- Landing page: https://ago.vermont.gov/about-attorney-generals-office/attorney-general-opinions
- Original PDF: https://ago.vermont.gov/sites/ago/files/2025-11/IO%2012-24-24.pdf
Original opinion text
CHARITY R. CLARK TEL: (802) 828-3171
ATTORNEY GENERAL
www.ago.vermont.gov
STATE OF VERMONT
OFFICE OF THE ATTORNEY GENERAL
109 STATE STREET
MONTPELIER, VT
05609-1001
December 24, 2024
Honorable BetsyAnn Wrask
Clerk of the Vermont House of Representatives
Vermont State House
115 State Street
Montpelier, VT 05633
Sent via email only: [email protected]
Re: Requests to Judge Bennington-1 House District Election Filed by Bruce Busa,
Select Residents to the Town of Pownal, the Board of Civil Authority for the
Town of Stamford, and the Board of Civil Authority for the Town of Readsboro
Dear Ms. Wrask:
Pursuant to 17 V.S.A. § 2605, this letter provides an opinion on the law and facts
regarding four requests related to the election of a member of the Vermont House of
Representatives. On November 23, 2024, the Secretary of State provided the Attorney General’s
Office with notice of a written request filed by candidate Bruce Busa seeking to invoke the
constitutional authority of the House of Representatives to judge the elections and qualifications
of its own members. Vt. Const. ch. II, §14; 1 see also 17 V.S.A. § 2605(a). Mr. Busa’s request is
included as Attachment A. The Secretary of State also provided this Office with three
subsequent written requests filed pursuant to 17 V.S.A. § 2605(a). First is a written request in
the form of a petition by Pownal residents self-identified as the “Pownal 45” that was submitted
to the Secretary of State by Mr. Busa on November 28, 2024 (the “Pownal 45”), included as
Attachment C. 2 The Board of Civil Authority for the Town of Stamford also submitted a written
request to the Secretary of State, dated November 21, 2024, and included as Attachment B. And
1
Chapter II, § 14 of the Vermont Constitution reads in part that “[t]he Representatives so
chosen… shall have power to… judge of the elections and qualifications of their own
members….”
2
The request includes 29 signatures next to 29 of the 57 names listed as the people who live on
the south side of Barber Pond Road, South Stream Road, and some residents of Moonrise Drive
in Pownal. One of the 57 names is of an individual who has moved out of Pownal and the
Bennington-1 House District.
Hon. BetsyAnn Wrask, Clerk of the House
December 24, 2024
Page 2 of 9
the Board of Civil Authority for the Town of Readsboro submitted a written request to the
Secretary of State on December 5, 2023, included as Attachment D. 3
All four requests were properly filed in compliance with the three requirements in 17
V.S.A. § 2605. First, the requesters all qualify to file such a request. Section 2605 provides that
“[a] candidate for the office of Representative to the General Assembly in the general election, or
any elected town officer in the representative district, or any 25 voters in the representative
district may request the House of Representatives to exercise its constitutional authority to judge
the elections and qualifications of its own members….” Mr. Busa is a candidate for the
Bennington-1 House District seat. The boards of civil authority are comprised of select board
members, justices of the peace, and the town clerks in towns wholly within the representative
district (i.e., the Bennington-1 House District). And the Pownal 45 request includes a petition by
more than 25 voters in the representative district.
Second, they all filed requests within the statutory deadline. Section 2605 provides that
the request be filed “not later than the latest of the following: (1) 20 days after the date of the
election; or (2) 10 days after a final court judgment, if there is a recount under section 2602 of
this title.” 17 V.S.A. § 2605(a). As will be discussed more below, the Bennington County
Superior Court ordered a recount and entered final court judgment on November 26, 2024. Mr.
Busa and the Stamford Board of Civil Authority filed requests within 20 days of the date of the
election. The Pownal 45 and the Readsboro Board of Civil Authority filed requests within ten
days after the Court entered final judgment. Therefore, all requests were filed within the
statutory deadline.
Finally, they all filed their requests in the proper manner. Section 2605 provides that the
manner of the request be submitted “by filing a written request with the Secretary of State
specifying the candidate or candidates whose election is being challenged.” 17 V.S.A. § 2605(a).
All requests were filed in writing with the Secretary of State. Mr. Busa and both boards of civil
authority specify both the election being challenged and one of the candidates for that election
(i.e., Mr. Busa). Although the Pownal 45 request does not specify a candidate or candidates, it
does specify the house district and requests the ability to vote in that district. Given that the
other requests provide the specific names of the candidates and context for the residents’ request,
we recommend construing the Pownal 45 request liberally and accepting it as properly filed.
Pursuant to 17 V.S.A. § 2605(b)(1), after being notified by the Secretary of State of a
request, it is the responsibility of the Attorney General to investigate the facts and deliver a
report on the law and facts to the Clerk of the House at least ten days before the General
Assembly convenes. Under the Vermont Constitution, the House is the final arbiter of the
election and qualifications of its own members. Vt. Const. ch. II, §14. Reviewing the available
3
Although Mr. Busa is a member of the Readsboro Board of Civil Authority, the minutes from
the December 2, 2024 meeting approving the submission of the request reflect that he recused
himself after giving an update on his election contest. Minutes of the Readsboro Bd. of Civil
Auth. (Dec. 2, 2024), available at https://towncloud.io/go/readsboro-
vt/agendas/738/minutes/get_agenda_document_link.
Hon. BetsyAnn Wrask, Clerk of the House
December 24, 2024
Page 3 of 9
facts, 56 voters received ballots for the incorrect house district in a race in which the successful
candidate won by 23 votes.
FACTUAL BACKGROUND
In 2022, the General Assembly divided the Town of Pownal into two House of
Representatives districts through reapportionment. One portion of Pownal is part of the
Bennington-1 House District and another is part of the Bennington-5 House District. See 17
V.S.A. § 1893b. The voter checklists were updated in 2022 in an attempt to match the
reapportionment that placed Pownal in two House districts.
The 2024 general election was held on November 5, 2024. Two candidates ran for the
single seat for the Bennington-1 House District: Bruce Busa of Readsboro and Jonathan Cooper
of Pownal. On the night of the election, Jonathan Cooper received the highest vote total with
1,265 votes. Bruce Busa received the second highest total with 1,240 votes. The vote total in the
Town of Pownal for the Bennington-1 House District race was: Jonathan Cooper, 745 and Bruce
Busa, 525. There were also three write-in votes for others, one overvote, and 53 blank votes.
On November 7, 2024, the Pownal Town Clerk discovered the Town of Pownal voter
checklist used for the 2024 general election had errors after Mr. Busa visited her office and
informed her that he heard from a voter who had not received a ballot listing him as a candidate
for the House of Representatives. 4 The Pownal Town Clerk immediately began reviewing the
boundary street addresses and scheduled a meeting for the Board of Civil Authority for the Town
of Pownal.
On November 8, 2024, Mr. Busa filed a petition for a recount of the Bennington-1 House
District election with the Bennington County Superior Court. 5 On November 12, the canvass
meeting was held, and the Bennington-1 House District Clerk certified Jonathan Cooper as the
winner. After the court-ordered recount was conducted on November 18, the vote difference
between the candidates narrowed from 25 votes to 23 votes. Following the recount and prior to
the Court entering final judgment, Mr. Busa filed the instant request for the House to judge the
election and qualifications of its own members. Additional requests to the House filed by the
4
Neither the Pownal Town Clerk nor the Bennington-1 House District Clerk are aware of voters
notifying either office or election workers of the error on or prior to Election Day.
5
Mr. Busa also filed a motion for a revote in the Town of Pownal with the Court on November
14, 2024, which the Court denied on November 15, 2024. In the denial, Judge Barra explained
that the Vermont Constitution “places the final determination of the election and qualifications of
its members exclusively in the House of Representatives of the General Assembly as a part of its
legislative powers.” Entry Regarding Motion at 2, Busa v. Cooper, Case No. 24-CV-04565 (Vt.
Super. Ct., Nov. 15, 2024) (Barra, J.) (citing Vt. Const. ch. II, §14; Kennedy v. Chittenden, 142
Vt. 397, 399 (1983)).
Hon. BetsyAnn Wrask, Clerk of the House
December 24, 2024
Page 4 of 9
Pownal 45, the Stamford Board of Civil Authority, and the Readsboro Board of Civil Authority
followed.
The Pownal Board of Civil Authority met on November 18, 2024 to review the
reapportionment statute boundary description, the district maps, and voter registrations. Upon
careful review, the Board concluded: (1) that 56 voters on the Bennington-5 House District
checklist should have been on the Bennington-1 House District checklist; and (2) that 14 voters
on the Bennington-1 House District checklist should have been on the Bennington-5 House
District checklist. 6 These checklist errors existed at the time of the election but were
subsequently corrected by the Pownal Town Clerk. As of December 12, 2024, the district
checklists are correct.
REMEDIES SOUGHT BY REQUESTERS
The requesters all seek a revote, but the scope varies. Although some request that only
the voters who reside in the Bennington-1 House District who received a Bennington-5 House
District ballot in error be given the correct Bennington-1 House District ballot and given the
chance to vote on the proper ballot, Mr. Busa generally requests a revote of “District 1.” 7 See
Attachment A.
The Pownal 45 asks the Legislature “to send us our ballot(s) for the Bennington 1 House
District, so we can vote in our district” and cites 17 V.S.A. § 2605. See Attachment C.
The Boards of Civil Authority for the Town of Stamford and the Town of Readsboro
both request that the legislative boundary, including Barbers Pond Road and South Stream Road,
as well as Route 7 and the remaining boundary line, be investigated to determine how many
voters were erroneously included in the wrong district and were sent a Bennington-5 House
District ballot instead of the correct Bennington-1 House District ballot. They also both state
that they believe the votes cast fairly and properly in Stamford, Readsboro, Woodford,
Searsburg, and Pownal should be recognized and accepted. They further submit to the House the
following verbatim request for relief:
A determination should be made to correct this unfortunate error by
recognizing all the voters who reside in the Bennington-1 District who
6
The winning candidates for the two seats in the Bennington-5 House District won with a
margin of 177 votes separating the second place candidate from the third place candidate, a
margin greater than the number of incorrectly listed voters in the Bennington-5 House District
and the Bennington-1 House District.
7
Of note, Mr. Busa’s motion for a revote filed with the Bennington County Superior Court on
November 14, 2024 contended that “the most accurate and efficient way to correct the error in
Pownal is to simply conduct a new vote for the Bennington-1 House district in the precinct
where the error occurred… Pownal.” Plaintiff’s Motion to Have a Revote in the Town of Pownal
at 2, Busa, Case No. 24-CV-04565.
Hon. BetsyAnn Wrask, Clerk of the House
December 24, 2024
Page 5 of 9
received a Bennington-5 District ballot in error. Only these voters should
be given the correct Bennington-1 District ballot and given the chance to
vote on the proper ballot. It does not seem prudent to burden all of the towns
in the Benn-1 District with the expense of another election and this would
invalidate the votes that have been properly cast. Voters who have already
voted on the correct Benn-1 ballot, whether in Pownal or the other four
towns, should not be given the opportunity to vote twice.
Attachment B at 2 and Attachment D at 2.
LEGAL BACKGROUND
ACT 89 2022 REAPPORTIONMENT
Vermont apportionment laws require periodic reapportionment of the House of
Representatives and the Senate to ensure that all state legislative bodies are apportioned in a way
that achieves substantially equal weighting of the votes of all voters in the choice of legislators.
See 17 V.S.A. § 1901. The periodic reapportionment is done following each decennial census of
the United States. See 17 V.S.A. § 1903.
Following the 2020 U.S. census, the General Assembly passed H.722 in 2022
reapportioning the House of Representatives and the Senate. The Governor signed H.722 into
law on April 6, 2022, as Act 89. See 2021, No. 89 (adj. sess.), available at
https://legislature.vermont.gov/Documents/2022/Docs/ACTS/ACT089/ACT089%20As%20Enac
ted.pdf.
Act 89 established the Bennington-1 House District as follows:
BENNINGTON-1 Readsboro, Searsburg, Stamford, Woodford, and that
portion of the town of Pownal encompassed within a boundary beginning
at the point where the northern boundary line of the town of Pownal
intersects with VT Route 7; then southerly along the western side of the
centerline of VT Route 7 to the intersection of Barber Pond Road; then
easterly along the southern side of the centerline of Barber Pond Road to
the intersection of South Stream Road; then easterly along the south side of
the centerline of South Stream Road to where it intersects with the power
lines after 620 South Stream Road and before 802 South Stream Road; then
easterly along the southern side of the power lines to where the power lines
intersect with the boundary of the town of Stamford approximately one mile
north of County Road; then southerly along the town line of Stamford to the
state border of Massachusetts; then easterly along the state border of
Massachusetts to the state border of New York; then northerly along the
state border of New York to the boundary of the town of Bennington; then
easterly along the town line of Bennington to the point of beginning[.]
Hon. BetsyAnn Wrask, Clerk of the House
December 24, 2024
Page 6 of 9
17 V.S.A. § 1893b. The Statewide map showing the House districts is included as Attachment E
and the map showing the Bennington-1 House District is included as Attachment F. 8
After reapportionment, the Secretary of State’s Office updates the Vermont Election
Management System, the statewide computer system that clerks use to maintain voter checklists
(commonly called VEMS). The Secretary of State’s Office does this by adding the names of the
new districts to the system and linking them to the towns included within the boundaries of those
districts. The town clerks then review their town’s street listings in VEMS and verify they are
accurate.
For towns split into two or more districts, like Pownal, the process is more complicated.
Those clerks update a spreadsheet downloaded from VEMS that includes street listings. Clerks
then either upload those changes back into VEMS or send them to the Secretary of State’s Office
to be uploaded. The system then updates voter records with the newly assigned districts
according to changes made to the street listings. When a street is divided into two districts, such
as Barber Pond Road and South Stream Road in Pownal, the clerk must determine which districts
apply to which street segments. Town clerks work closely with the Secretary of State’s Office,
the board of civil authority for their town, and their E911 coordinator to ensure the
reapportionment changes are captured accurately in the system. 9
The Secretary of State’s Office manages the contracts with the vendors that fulfill the
design, printing, and mailing of the universal vote-by-mail ballots based on the information in
VEMS. See 17 V.S.A. § 2537a. The Secretary of State’s Office works with one vendor to
design the ballots that will be used in each of the districts 10 and another vendor to print and mail
the ballots. The production process for printing and mailing runs throughout mid-September, so
the Secretary of State’s Office requests that town clerks review and update their checklists prior
to Labor Day. 11
8
Note that the 2022 reapportionment maps are also available on the General Assembly’s website
at the following URLs:
https://legislature.vermont.gov/Documents/SmallMaps/2022/Final%20House%20Statewide.pdf
(Statewide map) and
https://legislature.vermont.gov/Documents/SmallMaps/2022/House/Bennington-1.pdf
(Bennington-1 House District map).
9
For example, the Secretary of State’s Office provides support for clerks by answering questions
about the process and the statewide computer system. It also helps connect town clerks to their
E911 coordinator to answer questions about the boundaries of particular properties.
10
The State has 283 distinct ballot styles. This is due to overlapping House and Senate districts
across Vermont’s 247 towns. Pownal accounts for two of the 283 ballot styles statewide.
11
Vermont law requires that the mailing of the ballots commence no later than 43 days before the
election and be completed no later than October 1. 17 V.S.A. § 2537a(a)(1).
Hon. BetsyAnn Wrask, Clerk of the House
December 24, 2024
Page 7 of 9
As noted above, the Pownal Town Clerk discovered errors on her voter checklist after the
election. She immediately brought those errors to the attention of the Pownal Board of Civil
Authority, which convened a meeting on November 18, 2024. 12
The Pownal Board of Civil Authority determined that there were 56 voters on the
Bennington-5 House District checklist who should have been on the Bennington-1 House
District checklist. 13 More specifically, the voters on both the north and south sides of Barber
Pond Road and South Stream Road, as well as six voters on Moonrise Drive, were incorrectly
included in the Bennington-5 House District instead of the Bennington-1 House District. 14 This
meant that those voters received the Bennington-5 House District ballot by mail and, if voting in
person, at Pownal’s polling location.
The Pownal Town Clerk has since updated the voter checklists for both House districts.
Our Office has verified that the names in the Pownal 45 request are all included in the corrected
checklist for the Bennington-1 House District, except for two voters who moved out of Pownal
and did not vote in Pownal in the November 5, 2024 general election.
THE RECOUNT
A recount is commenced by filing a petition with the Superior Court under 17 V.S.A.
§ 2602. The county clerk then obtains the ballots from the town clerks and secures them. 17
V.S.A. § 2602(c)(2).
Pursuant to 17 V.S.A. § 2602a, the county clerk notifies the candidates for the office that
is the subject of the recount and asks for a list of a minimum of ten nominees to serve on the
recount committee. The Court then sets a date for the recount and names the committee. See 17
V.S.A. §§ 2602(c)(1), 2602a(b).
12
Further evidence of the error appeared on some of the Bennington-5 House District ballots,
some of which included write-in votes that appear to have been for the Bennington-1 House
District candidates: three write-in votes for “Bruce Buso,” and eight write-in votes for Jonathan
Cooper.
13
Although the Pownal Board of Civil Authority is the authority on the determination as to the
number of voters impacted, we note the estimates of the requesters. Mr. Busa estimates in his
request that approximately 47 voters in the Bennington-1 House District were affected by the
voter checklist errors. The Pownal 45 filed a request with 29 signatures and 57 names listed.
The Boards of Civil Authority for the towns of Stamford and Readsboro do not make any
estimates as to the number of affected voters.
14
Although Moonrise Drive itself is in the Bennington-1 House District, some of the residents on
that street have a legal address with the Cozy Meadow Mobile Home Park, which is located on
the east side of Route 7 and part of the Bennington-5 House District.
Hon. BetsyAnn Wrask, Clerk of the House
December 24, 2024
Page 8 of 9
At the outset, the county clerk explains the responsibilities of the committee and assigns
committee members to a counting team, a vote tabulator team, and a clerk observer team. 17
V.S.A. §§ 2602b, 2602c. Ballots are counted according to the procedures spelled out by the
statutes. See 17 V.S.A. §§ 2602c, 2602d, 2602e, 2602f, 2602h. The Superior Court then holds a
hearing during which candidates are given the opportunity to present evidence to the Court
relating to the conduct of the recount, how to count questionable votes, and the marking of any
ballot as defective. 17 V.S.A. § 2602j(c). The Court must order a new recount if it finds a
violation of recount procedures that may have affected the outcome of the recount. 17 V.S.A. §
2602j(e).
Within five working days after the hearing and the Court’s final decision on any
questionable votes or defective ballots, the Court: (1) issues a judgment that supersedes any
certificate of election previously issued; (2) sends a certified copy of the judgment to the
Secretary of State; and (3) returns to the county clerk any ballots containing questionable votes
and defective ballots that had been forwarded to the Court. 17 V.S.A. § 2602j(f). Once the
Court order has been issued, a candidate for the Legislature may file a request with the
appropriate body of the General Assembly if they wish to contest the results of the election or
recount. 17 V.S.A. §§ 2605, 2606 (Senate); Kennedy, 142 Vt. 397.
Following the thorough process laid out above, the recount for the Bennington-1 House
District was conducted on November 18, 2024, under the supervision of the Bennington County
Clerk. The Court held a hearing on November 25, 2024, after which it entered a final judgment
finding Jonathan Cooper the winner of the Bennington-1 House District race. See Amended
Judgment, Busa, Case No. 24-CV-04565 (final order issued Nov. 25, 2024 and amended order
issued Nov. 26, 2024), included as Attachment G. Both candidates were represented by legal
counsel at the hearing.
The final judgment vote totals are as follows:
Jonathan Cooper 1265
Bruce Busa 1242
Write-In’s 5
Overvotes 0
Blank Votes 108
The Amended Master Recount Summary Sheet signed by the Bennington County Clerk
on November 21, 2024, and included as Attachment H, provides the following vote totals for
ballots cast in the Town of Pownal:
Jonathan Cooper 745
Bruce Busa 526
Write-In’s 3
Overvotes 0
Blank Votes 54
Hon. BetsyAnn Wrask, Clerk of the House
December 24, 2024
Page 9 of 9
On information and belief, no appeal challenging the manner in which the recount
process was conducted has been filed as of the date of this letter.
CONCLUSION
Based upon the factual and legal background set forth above, it is the Opinion of this
Office that 56 voters registered in the Bennington-1 House District received the Bennington-5
House District ballot and were unable to properly cast a vote in the race for the Bennington-1
House District seat. It is also the Opinion of this Office that the winner of the certified recount
of the Bennington-1 House District won by a margin of 23 votes, meaning that the number of
registered voters who were not able to properly vote in the Bennington-1 House District election
(56 voters) is greater than the margin of victory (23 votes).
Outside of the Bennington-1 House District election, no other elections or election
outcomes were considered as a part of this review and report. Federal, statewide, and county
elections were not impacted by the voter checklist errors. The Town of Pownal’s Bennington-1
House District and Bennington-5 House District ballots were identical, other than (1) the
candidates listed for the House, and (2) the label at the top of the ballot. Similarly, as noted
above, the voter checklist errors would not have impacted the outcome in the Bennington-5
House District, i.e. any voters who voted in that district in error or did not receive a Bennington-
5 House District ballot would not have been enough to change the outcome of that election.
This Report and Opinion is intended to provide the House of Representatives with our
Office’s opinion on the law and facts to enable the House to determine appropriate actions, if
any. 17 V.S.A. § 2605(b)(1).
Respectfully submitted and dated at Montpelier, Vermont this 24th day of December, 2024.
Leslie A. Welts
Assistant Attorney General and Chief of
General Counsel and Administrative Law Division
cc: Sarah Copeland Hanzas, Secretary of State
Rob McDougall, Deputy Attorney General