House accepts committee report, affirms certified winner in Bennington-1 contested election by 91-42 vote

The House accepted the special report of the Committee on Government Operations and Military Affairs and affirmed the certified election of Representative Jonathan Cooper of Bennington-1 by a roll-call vote of 91 yes to 42 no.

Committee review and recommendation: The committee reviewed testimony from the clerk of the House, legislative counsel, the Attorney General’s office, the Secretary of State, town clerks, counsel for parties, and other witnesses over approximately four weeks. The committee concluded that the House has the sole authority to judge the qualifications of its members and, after examining precedent and practice, recommended that the House affirm the certified election and find Representative Jonathan Cooper duly elected and qualified.

Contested facts and concerns: The petition by Bruce Busa asked the House to judge the election and qualification of the member in House District Bennington-1. The contested issue arose after some voters received incorrect ballots: the committee reported that approximately 56 mail ballots, give or take, were mailed with only an incorrect house race listed (a street bifurcation error). Testimony in committee indicated that a handful of voters who realized they had the wrong ballot wrote in the correct candidate and, according to the committee report, those write-in votes were counted.

Alternatives considered: The committee weighed options including affirming the certified election, ordering a revote for the district, or other remedial paths. The committee found no historical instance in which the House had ordered a revote in similar circumstances and determined that a revote could not recreate the original electoral context. The committee’s internal vote was reported as 9–1–1 in favor of affirming the certification.

Floor debate and vote: Members on the floor underscored the tension between preserving every voter’s right and the practical limits of reconstituting an election. Speakers noted that the Bennington-1 issue affected roughly 56 voters, while other districts (Bennington-5) also had smaller numbers (reported as about 14) of voters who received the wrong ballots. After debate, the House took a roll-call vote requested by a member and the clerk announced the tally: 91 yes, 42 no. The presiding officer announced that the ayes have it and that the House accepted the committee’s special report.

Procedure and next steps: The committee indicated it will review and recommend improvements for election procedures and district accuracy to reduce the risk of similar errors in future elections. Acceptance of the report affirms the current seating of Representative Jonathan Cooper; no revote was ordered.