Bennington 1 race clouded after dozens received wrong ballots; recount and court papers highlight procedural gaps

A petitioner in the Bennington 1 state representative race told the Vermont House Government Operations & Military Affairs Committee that ballots meant for Bennington District 1 were distributed to voters in neighboring District 5, a mistake he says affected about 55 voters and could change the outcome of a close race.

Bruce Busa, who was a write-in candidate on the November ballot, told the committee he learned after the election that voters on several roads were placed on the District 5 checklist and therefore received the wrong ballot. "I hereby request the panel board of civil authority meet ... to determine the boundary of Bennington District 1 according to Vermont election law," Busa said while summarizing the email he sent to the local Board of Civil Authority after discovering the discrepancy.

The nut graff: The issue matters because the margin in the race was small and a group of voters who received the wrong ballots — and voters who may have been placed on the wrong checklist — could change the outcome. Committee testimony and documents posted by Busa show a sequence of a recount request, a recommendation from the Secretary of State's office for a district-wide revote, a later court ruling that the Superior Court could not order a revote, and concerns raised during the recount about counting procedures and record-keeping.

What happened, according to testimony and the packet of documents Busa provided to the committee

- Discovery and initial steps: Busa said he was alerted shortly after the election when a constituent reported his name did not appear on a mailed ballot. At the town clerk's office Busa read the statutory boundary language aloud and said the clerk realized many voters had been assigned to District 5 rather than District 1. Busa said the clerk estimated about 70 affected voters, and later Busa and the clerk narrowed that to about 55…