Got a news tip? Something you want me to look into or write about? Or, just have some general feedback about Shay's Lounge? I want to hear from you. As the legislative and campaign season heat up in 2008, I also want to focus on the issues you are most concerned about, and will put your questions to elected officials. And, I'd like to include some of your pithy comments and observations in upcoming columns. So, come on in, sit down and enjoy yourself in the lounge and help to spice up the conversation. We do reserve the right to check your ID, and there is a two-drink minimum.

Cheers,
Shay Totten
shayslounge@vpt.org

Pollina: More than Meets the “I”?

By Shay Totten

Posted July 25, 2008

After months of cajoling, begging, pleading and hoping the candidates of the major parties filed their petitions for the fall election.

Democratic efforts seemed to net them the most candidates — filling all statewide offices, one federal office, as well as 125 House candidates in 117 districts and full slates of candidates in each county.

The Democrats started from a stronger position, having 93 members in the House and 23 in the Senate. And, with only eight retirements, that means getting to 125 was a short distance.

The Republicans, on the other hand, started with 46 incumbents (they had 49 to start and only three retirements) and will end up with close to 100 candidates across the state for House seats. They also have two strong candidates for Franklin County senate as well as solid replacements for their one retiring senator in Caledonia County. Overall, the GOP hopes to maintain, or gain, in Rutland and Franklin counties and see a few possible pick-up seats in the southern part of the state.

But, one of the biggest stories of the week was not who filed a petition, but who didn’t. After convincing supporters, donors, and the media that he was as Progressive running for governor, Anthony Pollina announced he was instead running as an Independent.

Hours before the deadline, Pollina gathered a dozen supporters to announce that in order for his coalition of Vermonters to continue to grow he had to eschew a party label and become an independent candidate. He said as an independent he would be able to bring together enough voters to oust incumbent Republican Gov. Jim Douglas and brush aside Democrat Gaye Symington.

His claim that no one will see a difference in his campaign because he’s now an independent will have to square that with what Pollina told Vermont Public Radio’s Bob Kinzel in January: "I'm a Progressive, and I don't think it would fool anybody if I said I wasn't a Progressive anymore. And I don't want to do that because I want to stick with my principles, and I'm proud of what I am and what I've done.”

Pollina supporters said they hear from folks “all the time” that they would be more likely to vote for him if he was an Independent.

In abandoning the Progressives, Pollina now joins the “party” of U.S. Sen. Bernie Sanders, who is a long-time progressive ally but has never run as a Progressive. Former Sen. Jim Jeffords left the Republican Party in 2001, becoming an independent. Perhaps Pollina can name this faction the “Me, Myself, and I” party.

Pollina claims he’s not turning his back on the Progressive Party, per se, or the people he’s worked with for decades to build the “most successful third party in the country.” To prove his point, Pollina said he will reject the party’s nomination if primary voters bestow it upon him.

Progressives are not worried that Pollina’s 11th hour conversion will hurt the party’s efforts to maintain its status as a major party. Pollina was the Prog’s only statewide candidate before Monday, and the party needs at least one candidate in a major state office to garner 5 percent of the popular vote to retain its major party status. That, and organize in at least 10 towns.

Morgan Daybell, the party’s executive director, and Martha Abbott, party chairwoman, who joined Pollina at Monday’s event, are OK with his decision. They said the party is trying to focus more on electing legislators and local officials, not banking on a statewide race.

For the past four elections Progressives have run for governor, lieutenant governor and auditor. Pollina ran in two of those races — governor in 2000 and lite gov in 2002. Progressives use Pollina’s 25 percent showing in 2002 as proof they can perform on the statewide stage.

Abbott said Progressives can put someone on the November ballot after the September primary for any of the statewide offices — they have no candidates now. According to state law, major parties can pick a person to run in a statewide or local race if the party has failed to nominate a candidate via the primary process. A little known fact, and not one used all that much from what party officials tell the Lounge.

Michael Colby, a Central Vermont activist who had considered challenging Pollina in the Progressive primary, is not likely to launch a write-in campaign (at least at this time). But, I bet someone else just might launch a write-in campaign.

If the Progressives hand-pick a candidate and he or she fails to nab 5 percent or more of the vote, the Progs will be the ones getting arrested to protest not being invited to debates, right? Liberty Union candidate Peter Diamondstone did just that Sunday night in Waitsfield. His party is a major party and was not invited to take part by debate organizers. Only Pollina, Symington and Douglas were invited to address topics related to the environment, farming, food, and energy.

On July 31 we’ll find out if Pollina’s broad coalition is enough to raise the cash needed to challenge the major party candidates. That’s the first filing campaign finance filing deadline for candidates who have raised or spent more than $500 in cash.

Gov. Douglas hit the air this week with his first radio ad. Douglas campaign manager Dennise Casey confirmed the ads were running, but wouldn’t say how much they’ve spent or where the ads will run. Those details will become known July 31.

Off to the Races

Even if Pollina is turning his nose up at being a Progressive, there are some folks willing to publicly declare themselves as Progressives.

The Progressives will run Thomas Hermann, an Iraq War vet, against U.S. Rep. Peter Welch (D), as well as 12 candidates — six incumbents and six newcomers — for House seats. They are also running two candidates for state senate — Burlington city councilor Tim Ashe in Chittenden County and John Bloch in Washington County. Ashe, though a Progressive, is running in the Democratic primary. Ashe hopes to get the Progressive nomination through a write-in campaign, and if successful run as a true bipartisan candidate in the fall election.

Progressives hope to pick up a seat in Brattleboro’s Windham 3-2 district. That seat is being vacated by Rep. Darryl Pillsbury (an independent). They also are banking on former Rep. Winston Dowland, of Holland, to win back his Northeast Kingdom seat.

Democrats expect to have 125 candidates filing in 117 House districts, along with 32 running for state senate. They have eight House members retiring: Reps. Harry Chen (Mendon), Robert Dostis (Waterbury), Symington (Jericho), Harry Monti (Barre), Al Perry (Richford), Avis Gervais (Enosburg Falls), Jim Fitzgerald (St. Albans), Hilde Ojibway (White River Jct.), and Mary Peterson (Williston). In the Senate, only one Democrat is stepping aside, Jim Condos (Chittenden). With 23 out of 30 seats in the Senate and 93 out of 150 House seats, the Dems still hold an advantage in the Statehouse.

Democrats hope former Sen. Cheryl Hooker can regain her seat in Rutland County. Even if the Democrats lose a seat, they will still hold a commanding majority in the upper chamber.

They will run two candidates in a primary for lite gov, and one candidate each for governor, auditor, attorney general, secretary of state and treasurer.

On the GOP side, Republicans have only three House retirees: Kathy LaVoie (Swanton), Don Bostic (St. Johnsbury), and Steve Larrabee (Danville), and expect to run close to 100 candidates.

Executive Director Tayt Brooks hopes strong showings in Rutland and Franklin counties will add to their 49 seats in the House and seven in the Senate.  They are running several strong candidates for Senate — incumbents Hull Maynard and Kevin Mullin, as well as Greg Decker.

In Franklin County, former state auditor Randy Brock is running for senate, as is well-known farmer Bill Rowell. The Republicans have one Senate retirement, George Coppenrath (Caledonia). In his stead, they are running former House member, and state housing commissioner, John Hall. Still, the GOP has all but written off adding to their numbers in the Chittenden senate district. Only incumbent Diane Snelling will appear on the ballot with an “R”after her name in Chttenden.

Republican Gene Bifano of Warren will challenge Deb Markowitz for secretary of state, and Karen Kerin is running against Bill Sorrell for attorney general. They will sit out the races for U.S. House, treasurer and auditor.

The Liberty Union Party (the state’s fourth major party) is running a full slate of statewide candidates, as well as Aaron Diamondstone for Windham Senate and Boots Wardinski for a House seat in Orange-Caledonia 1.

Here’s a rundown of the top statewide races. For U.S. House, aside from Hermann and Welch, Jane Newton is running under the Liberty Union banner. As well, Craig Hill is challenging Welch in the Democratic primary.

For governor, Douglas, Symington, and Diamondstone have filed petitions as major party candidates. Other candidates, such as Pollina, who are running as independents do not have to file their petitions until after the September primary.

For lieutenant governor, incumbent Republican Brian Dubie is in as are two Democrats — Nate Freeman and Thomas Costello. Brian Mitchell is running as a Liberty Union candidate.

For treasurer, incumbent Democrat Jeb Spaulding is running and will face Murray Ngoima post-primary.

For auditor, incumbent Tom Salmon — who is serving overseas — will face Liberty Union candidate Jerry Levy.

For secretary of state, only Markowitz and Bifano are running for office.

For attorney general, aside from Kerin and Sorrell, Rosemarie Jackowski of the Liberty Union party will make a bid.

Special Session Nixed

The chances of a special, one- or two-day session to consider changes to Vermont’s laws related to sex offenders were quickly dashed this week when the state’s top political leaders — Gov. Douglas, Speaker Symington, and President Pro Tem Peter Shumlin — couldn’t come to terms with an approach.

Democrats are pushing forward in early August with a series of hearings on what is currently on the books in terms of punishment. Those hearings will aim to come up with specific recommendations on what’s working, and what may need to be changed. That report would be handed to the newly-elected Legislature in January.

Shumlin told Vermont Public Radio, “The fact of the matter remains than none of the governor's recommendation for a legislative session would have saved Brooke Bennett's life. But we want to focus more broadly on the question what could we do to ensure that this never happens again.”

Lt. Gov. Brian Dubie launched a petition drive two weeks ago, and already thousands of Vermonters have signed on to support his proposals. Those proposals are:

• A comprehensive review of the state’s criminal justice system;
  
• Adoption of a Jessica’s Law, which would set a 25-year mandatory minimum prison sentence for a first-time convicted child sexual abuser;
  
• A mandatory life sentence for a second-time violent sexual offense against a child;
  
• Passage of a civil confinement law that would extend prison stays for certain high-risk offenders who have served their terms, but who by clear criteria are known to be highly likely to re-offend;
  
• Utilizing chemical castration and physical castration treatments for habitual sex offenders;
  
• Broadening the criteria for listing child predators on Vermont’s Online Sex Offender Registry, and making it more user-friendly, as it is in other states, and for better monitoring of sex offenders using GPS technology;
  
• Tough penalties for those who harbor a sex offender who violates registration requirements;
  
• Expansion and funding for Special Investigative Units, to improve conviction rates and sentencing;
  
• Adoption of laws that would allow evidence of prior sexual misconduct to be admissible in sex crimes cases, as it is in 12 other states and in federal court; and,
  
• Collection by law enforcement authorities of DNA samples from anyone arrested in our state that could assist in cracking unsolved sex crimes.

The governor agrees a more comprehensive review of the state’s corrections policies and laws should happen — and vows to work with Sen. Dick Sears, D-Bennington, on the issue. However, he believes more can, and should be done, now.

“Speaker Symington and Senator Shumlin believe our response should be limited to the details of Brooke Bennett’s case.  On the other hand, I believe our response should be about preventing future cases in every way possible—including taking immediate action where it is necessary and appropriate.”

Douglas said he was disappointed that Shumlin and Symington oppose a Jessica’s Law for Vermont, and his concept of civil confinement. In 2006, Douglas and Dubie made a similar call for harsher penalties and keeping certain sex offenders in jail beyond their completed sentence. After extensive testimony, those ideas were nixed by the Democratically-led Legislature.

Instead, lawmakers passed legislation that handed down a five-year minimum sentence for certain sex crimes, and a presumptive minimum of 10 years in other cases. It also enacted stricter guidelines for certain sex offenders on parole and probation, putting them potentially under the care of the Department of Corrections for life.

It’s unclear if those changes in law, along with stricter probation and parole guidelines for sex offenders released into the community, have yet to have an impact.

Shay Totten has covered Vermont's people and its politics for more than 15 years. Raised in the Northeast Kingdom, he now lives in Burlington with his partner and three children. He is currently a columnist for Seven Days. His column will appear monthly, and will focus on the 2008 elections and the Vermont legislative session. The views and opinions expressed in this column do not necessarily represent those of Seven Days, Vermont Public Television, or its sponsors.