Category Archives: Scott Milne

Honest government, if not honest elections

Now comes a brief spurt of outrage from the Kingdom, in the form of a belatedly-organized “group” (mainly one guy, William Round, with some money and a grudge) agitating for the election of Scott Milne as governor by the state legislature.

Newly-minted Seven Days political reporter Terri Hallenbeck says Round told her that “the group started over coffee among friends and includes more than 50 Vermonters he described as ordinary residents.”

Only one of the 50 shows up on the group’s FCC filing, and that would be Mr. Round. His filing asserts that VfHG has no officers, executive committee, or board of directors, so I have to assume that its organization and funding begin and end with William Round.

The lion’s share of the $30,000 ad buy is on WCAX. The ads will run from Dec. 30 through Jan. 7, the day before the legislature will hold its usually ceremonial election. Ad buys are targeted on WCAX and CBS news programming.

The ad says nothing about the close outcome of the November election; it simply recycles Republican complaints about Gov. Shumlin — high taxes, overspending, “broken promises,” etc.

VfHG’s emergence does give Milne the opportunity to deny the validity of the November vote:

“It points out to the people that we’ve got a constitution that essentially says we’ve had no election for governor. That happens on January 8,” Milne said.

Ah, so the votes cast by nearly 200,000 Vermonters? They don’t count. Sorry. We failed to cast them with sufficient clarity of purpose.

Well, it’s just more of Milne’s self-interested pseudo-logic, nothing new there.

As for Mr. Round and his willingness to spend $30,000 in a doomed effort to re-litigate the election? I fully support his Constitutional right to waste his money.

Finally, I suppose it would be churlish of me to reproduce the evidence of ungrammatical haste in filling out an official form? Yes, it probably would.

William Round FCC form

 

How deep is the Milne/VTGOP split?

Ever since the election, there’s been a clear oddity about the public relationship between gubernatorial candidate Scott Milne and top Republicans. Which is basically this: They’re never, ever seen in public together. Not even when said Republicans were advocating for Milne’s election by the legislature.

Both sides denied any rift, sometimes with a cutting subtext. Like this, from Milne:

I think I helped the Republicans statewide about as much as they helped me. I’m not indebted to them, they’re not indebted to me. …I don’t owe the Republican Party anything in the state of Vermont. I clearly don’t owe the national Republican Party anything.

Yeah, that’s real warm and friendly-like.

But now, here’s a choice bit of evidence for my theory, courtesy of VTDigger’s Laura Krantz.

Bartley in 2014 served as a field director for the Republican party. The Colchester resident worked part-time out of Milne’s South Burlington office, where Milne’s campaign manager said he rarely interacted with him.

“He was perceived as a spy by his own party’s candidate for governor,” said Milne campaign manager Scott Fletcher.

Bartley denied being a spy, natch. But whether or not he was a spy, Fletcher’s statement tells me all I need to know about the state of candidate/party relations. If the campaign manager believes that the party planted a spy in his organization, there’s clearly no love (or trust, or respect) lost between the two.

Rob Roper’s Machiavellian fantasy

Oh, the Robster spun a tale, he did.

In a brief commentary on the Ethan Allen Institute’s occasionally-good-for-a-laugh website, Roper laid out a cunning plan to land Scott Milne in the corner office.

"I have a cunning plan," whispers Baldrick.

“I have a cunning plan,” whispers Baldrick.

Fasten your seat belts, it’s gonna be a bumpy ride.

First postulate: Gov. Shumlin’s “single payer healthcare system has been a disaster for Democrats,” which is quite a trick considering his system doesn’t exist yet. What he means is that initial reaction to a possible financing plan has been, as expected, a mixed bag, and that the Democrats lost seats in the Legislature due, so says the Robster, to disillusionment with health care reform.

Which sets the stage, so says the Robster, for Republican momentum leading into 2016. Further GOP gains and maybe a Republican governor.

But, he says, the Dems have a way out: Elect Scott Milne as governor.

That way, they rid themselves of Shumlin and single payer, and have a handy scapegoat for the death of single payer and anything else that goes wrong in the next two years. And since Milne would enter office as a political neophyte who hasn’t made any plans for an administration or a budget, the Legislature could walk all over him.

Quite a temptation for the Speaker (who many think is eyeing a run for governor in 2016 anyway, and this would clear an easier path) and the Senate President Pro Tem as well as the committee chairs.

A Milne governorship, if he does not rise to the occasion, could kill Republican momentum.

Roper finds a shred of “evidence” in support of his fantasy in the fact that “Democrats have not come out in full-throated support for Shumiln in the upcoming legislative vote.”

Well, there’s a much simpler explanation for that: the Democrats know the legislative vote is going to be over and done with very quickly, and there’s no need for them to “campaign” against Milne, who is certain to lose.

I realize that the Robster has to provide regular content to justify his salary at the EAI, but this is… well, it’s the kind of stuff I’d expect to hear from Baldrick.

Shorter Milne: “My heart will go on”

Scott Milne, the lone constant in an ever-changing world.

Scott Milne, the lone constant in an ever-changing world.

Scott Milne’s Dec. 8 announcement that his campaign for governor would continue was, perhaps, the quintessential Milne event.

Defiance of conventional wisdom? Check.

Tortuous logic in support of his own position? Check.

Abandonment of previous tortuous logic? Check.

Self-serving interpretations of history and recent events? Check.

Sarcastic cracks about the media? Check.

References to his own humility? Check.

References to his own brilliance? Check.

Malapropisms? Check.

Outright blunders? Check.

And, finally, an almost complete absence of Republican bigwigs? Check.

Double-check, in fact. Milne made it clear that there’s no love lost between him and the VTGOP establishment.

First the topline, then we’ll go down the checklist. Yes, Milne will carry his campaign forward into the Legislature, where he wants each lawmaker to do his/her Constitutional duty and select the best person to govern Vermont. His remarks were full of the usual exaggerations about the calamity that awaits Vermont if Peter Shumlin returns to office.

But at the same time, he won’t be actively campaigning.

I am not going to proactively be trying to convince legislators to vote for me. My door is open. …I don’t think it’s something I should be twistin’ arms for.

As I wrote earlier, Milne was rhetorically aggressive and tactically passive.

And now, the checklist.

A pre-launch moment, with WCAX's Kyle Midura doing some TV thingy.

A pre-launch moment, with WCAX’s Kyle Midura doing some TV thingy.

Defiance of conventional wisdom. Almost too many examples to count. He will carry on, in spite of (1) historical precedent, (2) a heavily Democratic legislature, (3) common sense.

Oh, and he’s done virtually nothing to prepare for running the state, should the Legislature elect him:

Tortuous logic in support of his position. Milne took a page from the Antonin Scalia Book of Constitutional Originalism by saying that the state Constitution was the only relevant text to be considered. He patched together two separate items from said document: The mandate for the Legislature to settle elections when no single candidate wins a majority, and the oath taken by lawmakers. (Which, as we’ll see a little further on, turns out NOT to be the right oath.)

Abandonment of previous tortuous logic. Earlier, Milne had posited a couple of rationalizations for his election: (1) Lawmakers should vote the way their constituents did, instead of abiding by the statewide results. (2) The historical precedent is significantly weakened because wasn’t obeyed in the 1978 election for Lieutenant Governor.

There was no hint of either argument today. He’s on to brand-new tortuous logic that we haven’t had a chance to disprove yet.

Self-serving interpretations of history and recent events. He asserted that there is no historical precedent for electing the top vote-getter, even though the last time it didn’t happen was in 1853. Apparently he’s spent some time in the history books, and has constructed his own aircastle of argument. It goes like this:

After the mid-1800s, there was almost a century of unbroken Republican rule with no close tallies in the general election. That wipes out most of the precedent. Then he posits a self-servingly narrow definition of history: 1986 was the only comparable occasion, because it was the only other time when an incumbent governor received less than a majority. All other occasions, like Jim Douglas’ win in 2002, conveniently enough, do not apply.

Nor does Mr. Douglas’ own advice to maintain the precedent and exit the race.

Sarcastic cracks about the media. This time, Seven Days’ Paul “Be Your Own Boss” Heintz was the main target. (Although when I asked for a copy of his speech “so I wouldn’t misquote you,” he shot back with “You’ll probably misquote me anyway.”) Milne slammed Heintz a couple of times for asking the same question four times. Heintz only repeated the question because Milne didn’t give a straight answer.

Mahatma and the media in the Cedar Creek Room. VPR's Peter Hirschfeld is crouching stealthily at left.

Mahatma and the media in the Cedar Creek Room. WPTZ’s Stuart Ledbetter suffering from head tilt at center; VPR’s Peter Hirschfeld crouching stealthily at bottom left.

References to his own humility. “I think what Vermonters like about my humble campaign is that we didn’t try to sell people things.”

References to his own brilliance. This came in response to questions about whether he’s been preparing to assume the Governor’s office. Like, say, naming a cabinet or prepping a budget.

All this mumbo-jumbo about how tough it is to be Governor and how you’ve got to do all this stuff. You look to Governor Walker in Alaska who won in a recount and was inaugurated two weeks later.It’s entirely possible to put together a team that can do a credible job.

Later, when asked if he had started writing a budget (due two weeks after inauguration), he lifted up a page from his prepared speech, showed the blank back side of the paper, and said “It’s right here.”

Governing Vermont: it’s a doddle.

Malapropisms. The best one came directly after the above quote: “I have zero lack of confidence that this isn’t going to go in a very good direction very quickly if I’m elected.”

If I count correctly, that’s a triple negative.

Outright blunders. See my previous post about Milne’s apparent confusion over Constitutional oaths. He said that lawmakers, in choosing the next governor, should abide by their Constitutional oath. And then he quoted the Voter’s Oath, formerly known as the Freeman’s Oath.

The oath taken by lawmakers is completely different. Oopsie.

Almost complete absence of Republican bigwigs. There was a small cheering section stationed behind the gaggle of journalists, cameras, and blogger*, but as far as I could tell, no Republican officeholders or state party officials attended the event. Which is curious, since most top Republicans profess to backing Milne’s claim to the governorship. If they were serious, you’d think they’d be on hand to provide some moral support and give some good quotes to reporters.

*That’s me. 

When asked about party support, Milne was rather cold toward the VTGOP.

I think I helped the Republicans statewide about as much as they helped me. I’m not indebted to them, they’re not indebted to me. …I don’t owe the Republican Party anything in the state of Vermont. I clearly don’t owe the national Republican Party anything. This is clearly going to be a Scott Milne administration, designed to do what’s best for Vermont regardless of politics.

Perhaps this is nothing more than political repositioning: in the Legislature, he doesn’t need to convince Republicans, he needs to get centrist Dems on board. So it’s only natural that he’d try to brand himself as a moderate maverick with no particular party ties. On the other hand, he professes to be an honest, humble, anti-politician, so it’s difficult to imagine him taking a position out of pure political convenience.

Isn’t it?

Anyway, the news conference was kind of a clusterf*ck… but exactly the kind of clusterf*ck we’ve come to expect from 2014’s answer to Fred Tuttle.

Mahatma makes a boo-boo

I’m in the process of doing a full write-up of Scott Milne’s news conference this morning. But while I was putting it together, I came across something I couldn’t resist sharing right away.

In his prepared remarks, he called on state lawmakers to vote for Governor in accordance with their “constitutional oath,” which he quoted in the following way:

… in giving my “vote or suffrage touching any matter that concerns the State of Vermont, [I] will do it so as in [my] conscience [I] shall judge will most conduce to the best… as established by the Constitution, without fear or favor of any person.”

Small problem, bucko.

That is the Voter’s Oath, which can be found on Vermont’s voter registration form.

There are two Oaths in the state constitution (Section 56) that officeholders must swear: the Oath of Allegiance and the Oath of Office. They read like this:

The Oath or Affirmation of Allegiance

You do solemnly swear (or affirm) that you will be true and faithful to the State of Vermont and that you will not, directly or indirectly, do any act or thing injurious to the Constitution or Government thereof. (If an affirmation) Under the pains and penalties of perjury.

The Oath or Affirmation of Office

You do solemnly swear (or affirm) that you will faithfully execute the office of ____ for the ____ of ____ and will therein do equal right and justice to all persons, to the best of your judgment and ability, according to law. (If an oath) So help you God. (If an affirmation) Under the pains and penalties of perjury.

If he’d found the right Oaths, Milne could perhaps have made a case that lawmakers should vote against Gov. Shumlin to avoid doing “any act or thing injurious to the Constitution or Government,” but that’s not the argument he made.

It was obvious from his news conference that he’d spent a lot of time researching Vermont history and government. But apparently he didn’t quite spend enough time.

As ever, if anyone has contrary information I will happily correct this post.

 

Addendum. Members of the House and Senate actually take a longer oath than that cited in the constitution. However, (1) it does not contain the language cited by Milne, and (2) it’s part of the Legislative Rules, not the Constitution. So Milne remains wrong. 

The Milne campaign: Rhetorically aggressive, tactically passive

(This is a brief update post. I’ll have a longer take later today.)

Well, at least he didn’t postpone again.

Scott Milne emerged from his secret undisclosed location and saw his shadow, so we’ll have six more weeks of campaigning.

Not really. He did announce, as expected, that he would carry the gubernatorial race forward into the Legislature. But the announcement was curiously bifurcated: he laid out a strongly-worded case against Governor Shumlin seemingly borrowed from Roget’s entry for “disaster.”

An incomplete sampling: “real trouble,” “poor leadership,” “wreaking havoc,” “arrogant,” “deaf,” “botched,” and, of course, “disaster.”

At the same time, seeking to tamp down talk of a looming Constitutional crisis, he also allowed as to how “If Peter Shumlin gets elected, life will go on.”

Beyond that, Milne called on the Legislature to elect him Governor, but he said he’s had little contact with any lawmakers and has no plans to actively solicit their votes: “I don’t think it should be a PR campaign.”

Curiously, he appears to have abandoned his earlier rationale that lawmakers should vote with their constituents. Now, he’s citing the state Constitution and arguing that each lawmaker should vote as he or she sees fit, regardless of personal or political interests.

In addition, he said he’s made little or no moves to prepare for his potential election as governor. When asked if he’d done any work on a budget, which the governor will have to present two weeks after his inauguration, he displayed a blank sheet of paper.

All in all, it was a typically Milne performance.  A bit strange, a lot inconsistent, and reliant on his own brand of logic.

That’s it for now. More later.

Just wake me when it’s over

Scott Milne, eyes wide shutAs predictable, and as tiresome, as the early-autumn snowfall that sends everybody running to get their snow tires on:

Milne to Delay Gubernatorial Decision — Again

That utterly unsurprising word comes from Mr. Politics Editor, Paul Heintz, who helpfully recounts Scott Milne’s oft-delayed decision on whether he will actively promote his gubernatorial candidacy before the Legislature. When last we heard from Mahatma’s secret redoubt, he was promising a decision this week. But now?

On Thursday, he told Seven Days by text message that the announcement was “sliding into next week.”

And I’ll believe that when I see it.

 

 

 

Our favorite country lawyer spins a yarn

Joe Benning, top Republican in the State Senate, has made a decision. And he wants us all to know about it.

In a short essay posted by VTDigger, the good Senator reveals that when the legislature reconvenes in January, he will vote for Scott Milne for Governor.

Gee, “Scott Milne.” There’s a name I haven’t heard in a while.

Benning’s vote, to hear him tell, has nothing to do with partisanship. The fact that he’s backing the #2 vote-getter, who happens to be a fellow Republican, over the top finisher, a Democrat? Nothing about that in his essay.

Well, not by name. He does, however, depict his vote as an attempt to block the imminent ruin of Vermont at the hands of a certain incumbent governor.

But he begins with a veiled shot at any lawmaker who fails to follow his example in publicly revealing his vote:

 Other legislators may feel differently, but this legislator feels a responsibility to explain his intended vote to his constituents.

Well, yeah, but the choice will be made on a secret ballot. A phrase which conspicuously includes the word “secret.” Feel free to tear back the curtain from your own voting booth, Senator, but don’t imply that those who fail to do so are acting improperly. And yes, that’s what you did.

The next paragraph points to the closeness of the election and Milne’s lopsided majority in Benning’s district, and then creates a false equivalency between the tradition of electing the top vote-getter and the freshly minted “tradition” of voting with one’s district. Uh-huh. One tradition has been unbroken for over 150 years, while the other has never been heard of in Vermont until this month.

Myself, I prefer the weightier term “precedent” in referring to this consistent principle in electing a governor. I can see why Benning does not. But there is wisdom in this precedent; to elect someone other than the top finisher creates the appearance that the legislature is thwarting the will of the people, and sows the seeds of partisan rancor.

Which is exactly what happened the last two times that precedent was flouted, in the 1976 lieutenant governor’s race and in the 1853 contest for governor.

The final cowpat in Benning’s castle is his citation of John F. Kennedy and his self-branding as an embodiment of political courage — a Gandalf staring into the gaping maw of chaos and bravely crying, “You shall not pass!”

Sorry, senator. You’re no hero; you’re just another opportunist.

Now appearing for an indefinite engagement: Scott Milne in… Hamlet

Last week, Scott Milne was promising a decision this week on whether to actively pursue the gubernatorial race into the Legislature. At the time, I noted: 

“Next week,” by Milne’s standards, might be anytime between tomorrow and Christmas Day.

Welp, I was right. Today, Milne announced that his announcement would be delayed.

I will be listening to Vermonters and talking with my family over the next two weeks. I will follow up with a formal announcement of our plans, regarding the constitutional demands placed on our Legislature to elect our next governor, in early December.

ReplyHazyWay to keep your promises, Mahatma.

Instead of a resolution to this foofaraw, we get at least two more weeks of trolling. Great.

Funny thing: from the rest of the Republicans, we’re pretty much hearing the sounds of silence. They seem to have moved on to the Next Outrage, Jonathan Gruber. As has been true since the election results came in, the VTGOP has done nothing publicly to include Scott Milne in its strategy or tactics.

Which would be downright strange if they thought he had a snowball’s chance of being the next Governor — and the leader of their party going forward. Nah, they just saw him as a convenient whip to flog the Democrats with. They were trolling, not only the entire state, but Scott Milne himself.  That’s what friends are for.

We shall continue to eagerly await future pearls of wisdom from Mahatma’s mountaintop retreat. But we won’t be holding our breath.

A question for Mahatma the All-Knowing

Dear Mr. Milne,

You have floated the notion that the Legislature ought to drop its traditional practice of electing the top vote-getter in gubernatorial elections in which no candidate won a majority. Instead, you say, lawmakers should act like an Electoral College, casting their votes based on which candidate won their district.

Okay, a completely novel idea that flies in the face of precedent. But it does raise a question.

If a lawmaker represents a district where a single candidate won a majority of votes, then it’s clear that you’d want the lawmaker to reflect the constituency.

Now…

What about a district in which no gubernatorial candidate won a majority? Where the top finisher earned a plurality? What should that lawmaker do?

Example: in Washington County, you finished barely ahead of Governor Shumlin. If you only earned a plurality in the county, why should you be entitled to claim the votes of all three state senators?

Your underlying argument is that a plurality does not provide a clear mandate. Stands to reason, then, that a plurality edge in a given county does not constitute a mandate for its senators. Right?

What, then, do those senators do?

If you say “Vote for the plurality winner,” then you are a hypocrite.

The other two options are, (1) those lawmakers should be free to vote their conscience, on whatever grounds they make their decisions, or (2) they should try to cobble together an IRV-style “ideological majority” from their county’s returns and vote for the candidate who earned their imaginary majority.

What we’ve done here is opened a big ol’ can of worms. And I think this is one reason why past lawmakers hewed to the precedent of electing the top vote-getter regardless of party affiliation. (And why, on those rare and ancient occasions they diverged from precedent, there was always something funny about it.)

Now, you being you, I don’t expect a straight answer, just more of your argument-of-convenience, throw-stuff-against-the-wall style of reasoning.

But I thought I’d ask.

Thanks,

John Walters