David Zuckerman conceded the lieutenant governor race to John Rodgers — but with a caveat

Lt. Gov. David Zuckerman conceded the re-election race to Republican challenger John Rodgers after falling short by more than 6,000 votes Thursday morning. Tuesday’s electionHe said he would not seek a recount. But he shook his head at the possibility that the Legislature could overturn the result and suggested he had good reason to do so.

According to both men, Zuckerman called Rodgers Thursday morning before appearing on WVMT’s “The Morning Drive.” The incumbent said on-air that the outcome of the race “will not be changed by a statewide recount” and that such an attempt “would be a fool’s errand.”

“I told him, ‘Congratulations,’ you know he won the race,” Zuckerman told hosts Kurt Wright and Anthony Neri. “I yield to John. But as you and everyone else have pointed out, the Legislature will decide.”

Because under the Vermont Constitution, if no candidate for governor, lieutenant governor or state treasurer wins more than 50%, legislators will vote in January and can put any of the top three vote-getters into office.

But in recent history they have almost always endorsed voters’ choice. The last time they refused to do so was in 1976, when they handed over Democrat John Alden to Republican T. Garry Buckley.

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Rodgers, a former Democratic state senator from Orleans, won 171,808 votes, or 46.2%, according to unofficial results provided by the Secretary of State’s Office. Zuckerman received 165,792 votes, or 44.6%. A third candidate, Green Mountain Peace and Justice Party candidate Ian Diamondstone, received 13,657 votes, or 3.7%. 5 percent of voters left the ballot boxes empty.

In a press release Wednesday night, Diamondstone and the Green Mountain Peace and Justice Party said the Legislature should elect Zuckerman, arguing that a majority of voters (ignoring absentee ballots) chose one of the two liberal candidates, Zuckerman or Diamondstone.

Even as he told radio hosts he agreed, Zuckerman expressed agreement with the claim.

“I heard late yesterday that lawmakers from the Peace and Justice Party put out a press release saying, ‘Hey, we think our votes should count for David and we think he should win,'” Zuckerman said. “I really appreciated them doing that. I think that’s a fair statement.”

Zuckerman said he did not call the party to discuss the issue. But he continued: “For them to bring this up will probably keep this debate alive. I’m not against that debate, but I called John directly and said, ‘You win.'”

The incumbent said he doesn’t plan to lobby lawmakers to put him in office, but he would certainly discuss the claim with them.

“The reality is that they have to make decisions, and they have to make decisions based on the facts in front of them,” Zuckerman said. “And of course I will point out these facts, that is, I think, along with the other votes, even if it were split, seven of these electors would vote for me, and one or two would vote for me. For John and one or two people wouldn’t vote for anyone – I think I would have more votes than him. But that’s up to them to decide. I don’t think they will decide this. You know, I think it takes a strong effort, either from me or from someone else, to make this happen. I won’t do this.

Reached Thursday morning after Zuckerman’s appearance, Rodgers told VTDigger: “We had a good conversation. I told him I appreciated it. “He deserved the time and concluded we won, and I appreciated the call this morning.”

Rodgers said he is not concerned that the will of the voters could be overturned by the Legislature.

“I guess you always have to worry about bullshit, but I have faith in the system and the Legislature,” he said. “It wasn’t like we won by just 10 votes. We won by 6000. “Constitutionally, this has to go to the Legislature, but I had faith that they would do the right thing whether they objected or not.”

Zuckerman told VTDigger via text message that he was not immediately available for an interview.