Category "Elections & Electronic Black Box Voting"

Florida Votes Time-Date-Stamped Two Weeks Before Election

March 8th, 2006 by Andy in Elections & Electronic Black Box Voting

This is disturbing, but not unexpected by anyone paying attention to what has been going on with America’s voting system these last few years. The internal logs of at least 40 Sequoia touch-screen voting machines reveal that votes were time- and date-stamped as cast two weeks before the election, sometimes in the middle of the night.

Read the Full Article

And here is a recent update on what is going on in Florida from Brad DeLong and The Brad Blog, one of the very best bloggers and sites around today in respect to exposing this issue. The corporate media could learn a thing or two about investigative journalism from Mr. DeLong (but I fear they know full well about real journalism, they just choose not to bother).

Ion Sancho, the Election Supervisor of Leon County, Florida who exposed a number of security flaws in Electronic Voting Machines made by the Diebold corporation of North Canton, Ohio, has earlier today launched legal “breach of contract” proceedings against the company. The action has been filed on behalf of the Leon County Supervisor of Elections office.

Read The Brad Blog Report

For more on the problems of electronic voting devices and the threat they pose to democracy, visit Blackboxvoting.org

Diebold Whistleblower Unveils Problems, Dishonesty With E-Voting Systems

March 7th, 2006 by Andy in Elections & Electronic Black Box Voting

Yet more evidence and insight into the serious problems afflicting our electoral system, and how the marriage of the infrastructure of our public democracy and that of private corporate interests is simply not tenable. Here are a few brief excerpts of this important expose…

In an exclusive interview with Raw Story, a whistleblower from electronic voting heavyweight Diebold Election Systems Inc. raised grave concerns about the company’s electronic voting technology and of electronic voting in general, bemoaning an electoral system the insider feels has been compromised by corporate privatization.

The company insider became disillusioned after witnessing repeated efforts by Diebold to evade meeting legal requirements or implementing appropriate security measures, putting corporate interests ahead of the interests of voters.

“I’ve absolutely had it with the dishonesty,” the insider told Raw Story. Blasting Wally O’Dell, the current president of Diebold, the whistleblower went on to explain behind-the-scenes tactics of the company and its officers.

“There’s a lot of pressure in the corporation to make the numbers: `We don’t tell you how to do it, but do it.’ [O’Dell is] probably the number one culprit putting pressure on people,” the source said.

Previous revelations from the whistleblower have included evidence that Diebold’s upper management and top government officials knew of backdoor software in Diebold’s central tabulator before the 2004 election, but ignored urgent warnings—such as a Homeland Security alert posted on the Internet.

“This is a very dangerous precedent that needs to be stopped—that’s the corporate takeover of elections,” the source warned. “The majority of election directors don’t understand the gravity of what they’re dealing with. The bottom line is who is going to tamper with an election? A lot of people could, but they assume that no one will.”

Read The Complete Report

In Test, Diebold Machines Hacked In Florida

March 4th, 2006 by Andy in Elections & Electronic Black Box Voting

Its starting to become more and more known, and the proven facts unavoidable.

As the Leon County supervisor of elections, Ion Sancho’s job is to make sure voting is free of fraud. But the most brazen effort lately to manipulate election results in this Florida locality was carried out by Sancho himself.

Four times over the past year Sancho told computer specialists to break in to his voting system. And on all four occasions they did, changing results with what the specialists described as relatively unsophisticated hacking techniques. To Sancho, the results showed the vulnerability of voting equipment manufactured by Ohio-based Diebold Election Systems, which is used by Leon County and many other jurisdictions around the country.

More people are finally beginning to notice that these machines are a greater threat to our democratic republic than any terrorist. Anyone can attack us. Only we can allow commit suicide. And allowing these infernal machines to operate as the barometer of the will of the people is truly dangerous.

Read the complete Washington Post report here.

For more on this, visit Blackboxvoting.org

Election Theft Emergency (In America?)

February 26th, 2006 by Andy in Elections & Electronic Black Box Voting

Election theft? In America?

The facts really are not debatable at this point, at least to anyone who wants to take a few moments to study the actual data at hand on the issue. What is debatable is whether our compliant and corrupt media and the dozing American public will concern themselves of this most important issue.

Here, Mark Crispin Miller talks about how the right stole the 2004 presidential election - and how they’ll do it again unless we stop them.

Read The Full Article

What They Did Last Fall

August 23rd, 2005 by Andy in Elections & Electronic Black Box Voting

What They Did Last Fall
By Paul Krugman
The New York Times

August 19th, 2005

By running for the U.S. Senate, Katherine Harris, Florida’s former secretary of state, has stirred up some ugly memories. And that’s a good thing, because those memories remain relevant. There was at least as much electoral malfeasance in 2004 as there was in 2000, even if it didn’t change the outcome. And the next election may be worse.
In his recent book “Steal This Vote” - a very judicious work, despite its title - Andrew Gumbel, a U.S. correspondent for the British newspaper The Independent, provides the best overview I’ve seen of the 2000 Florida vote. And he documents the simple truth: “Al Gore won the 2000 presidential election.”

Two different news media consortiums reviewed Florida’s ballots; both found that a full manual recount would have given the election to Mr. Gore. This was true despite a host of efforts by state and local officials to suppress likely Gore votes, most notably Ms. Harris’s “felon purge,” which disenfranchised large numbers of valid voters.

But few Americans have heard these facts. Perhaps journalists have felt that it would be divisive to cast doubt on the Bush administration’s legitimacy. If so, their tender concern for the nation’s feelings has gone for naught: Cindy Sheehan’s supporters are camped in Crawford, and America is more bitterly divided than ever.

Meanwhile, the whitewash of what happened in Florida in 2000 showed that election-tampering carries no penalty, and political operatives have acted accordingly. For example, in 2002 the Republican Party in New Hampshire hired a company to jam Democratic and union phone banks on Election Day.

And what about 2004?

Mr. Gumbel throws cold water on those who take the discrepancy between the exit polls and the final result as evidence of a stolen election. (I told you it’s a judicious book.) He also seems, on first reading, to play down what happened in Ohio. But the theme of his book is that America has a long, bipartisan history of dirty elections.

He told me that he wasn’t brushing off the serious problems in Ohio, but that “this is what American democracy typically looks like, especially in a presidential election in a battleground state that is controlled substantially by one party.”

So what does U.S. democracy look like? There have been two Democratic reports on Ohio in 2004, one commissioned by Representative John Conyers Jr., the other by the Democratic National Committee.

The D.N.C. report is very cautious: “The purpose of this investigation,” it declares, “was not to challenge or question the results of the election in any way.” It says there is no evidence that votes were transferred away from John Kerry - but it does suggest that many potential Kerry votes were suppressed. Although the Conyers report is less cautious, it stops far short of claiming that the wrong candidate got Ohio’s electoral votes.

But both reports show that votes were suppressed by long lines at polling places - lines caused by inadequate numbers of voting machines - and that these lines occurred disproportionately in areas likely to vote Democratic. Both reports also point to problems involving voters who were improperly forced to cast provisional votes, many of which were discarded.

The Conyers report goes further, highlighting the blatant partisanship of election officials. In particular, the behavior of Ohio’s secretary of state, Kenneth Blackwell - who supervised the election while serving as co-chairman of the Bush-Cheney campaign in Ohio - makes Ms. Harris’s actions in 2000 seem mild by comparison.

And then there are the election night stories. Warren County locked down its administration building and barred public observers from the vote-counting, citing an F.B.I. warning of a terrorist threat. But the F.B.I. later denied issuing any such warning. Miami County reported that voter turnout was an improbable 98.55 percent of registered voters. And so on.

We aren’t going to rerun the last three elections. But what about the future?

Our current political leaders would suffer greatly if either house of Congress changed hands in 2006, or if the presidency changed hands in 2008. The lids would come off all the simmering scandals, from the selling of the Iraq war to profiteering by politically connected companies. The Republicans will be strongly tempted to make sure that they win those elections by any means necessary. And everything we’ve seen suggests that they will give in to that temptation.

E-mail: krugman@nytimes.com

(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.)

Was America’s 2004 Election Stolen?

June 25th, 2005 by Andy in Elections & Electronic Black Box Voting

Did George W. Bush Steal America’s 2004 Election?
By Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
The Free Press

June 16th, 2005

The following text is the Introduction to the 767 page: Did George W. Bush Steal America’s 2004 Election? Essential Documents

This volume of documents is meant to provide you, the reader, with evidence necessary to make up your own mind.

Few debates have aroused more polarized ire. But too often the argument has proceeded without documentation. This volume of crucial source materials, from Ohio and elsewhere, is meant to correct that problem.
Amidst a bitterly contested vote count that resulted in unprecedented action by the Congress of the United States, here are some news accounts that followed this election, which was among the most bitterly contested in all US history:

* Despite repeated pre-election calls from officials across the nation and the world, Ohio’s Republican Secretary of State, who also served as Ohio’s co-chair for the Bush-Cheney campaign, refused to allow non-partisan international and United Nations observers the access they requested to monitor the Ohio vote. While such access is routinely demanded by the US government in third world nations, it was banned in the American heartland.
* A post-election headline from the Akron Beacon Journal cites a critical report by twelve prominent social scientists and statisticians, reporting: “Analysis Points to Election ‘Corruption’: Group Says Chance of Exit Polls Being So Wrong in ‘04 Vote is One-in-959,000.”
* Citing “Ohio’s Odd Numbers,” investigative reporter Christopher Hitchens, a Bush supporter, says in Vanity Fair: “Given what happened in that key state on Election Day 2004, both democracy and common sense cry out for a court-ordered inspection of its new voting machines.”
* Paul Krugman of the New York Times writes: “It’s election night, and early returns suggest trouble for the incumbent. Then, mysteriously, the vote count stops and observers from the challenger’s campaign see employees of a voting-machine company, one wearing a badge that identifies him as a county official, typing instructions at computers with access to the vote-tabulating software.

When the count resumes, the incumbent pulls ahead. The challenger demands an investigation. But there are no ballots to recount, and election officials allied with the incumbent refuse to release data that could shed light on whether there was tampering with the electronic records.

This isn’t a paranoid fantasy. It’s a true account of a recent election in Riverside County, California…”

* Hundreds of Ohio African-American voters give sworn testimony that they were harassed, intimidated, deprived of voting machines, given faulty ballots, confronted with malfunctioning machines and hit with a staggering range of other problems that deprived them of votes that were destined for John Kerry, votes that might have tipped the Ohio outcome.
* A team of high-powered researchers discover results in three southern Ohio counties where an obscure African-American candidate for the state Supreme Court somehow outpolls John Kerry, a virtually impossible outcome indicating massive vote fraud costing Kerry thousands of votes.
* Up until 11pm Eastern time on election night, exit polls show John Kerry comfortably leading George Bush in Florida, Ohio, Pennsylvania and New Mexico, giving him a clear victory in the Electoral College, and a projected national margin of some 1.5 million votes. These same exit polls had just served as the basis for overturning an election in Ukraine, and are viewed worldwide as a bedrock of reliability. But after midnight the vote count mysteriously turns, and by morning George W. Bush is declared the victor.

There is far far more…enough, indeed, to result in massive court filings, unprecedented Congressional action and a library full of documents leading to bitter controversy over the 2004 election, especially in Ohio.

In this volume, we have attempted to present many of the most crucial of those documents.

Do they prove that George W. Bush stole the US presidential election of 2004?

Should John Kerry rather than Bush have been certified by the Electoral College on January 6, 2005?

Historians will be debating that for centuries. What follows are some of the core documents they will use in that debate:

The most hotly contested evidence comes most importantly from Ohio, whose 20 electoral votes decided the election. But it also comes from other key swing states - especially Florida and New Mexico - where exit polls and other evidence raise questions about the officially certified vote tallies in favor of Bush.

As mentioned, this book presents the most crucial documents indicating how this bitterly contested election was actually decided.

But it is also this book’s purpose to memorialize the successful grassroots campaign by voting rights advocates that forced an historic Congressional challenge on the floors of the US Senate and House. Acting on an 1887 law that grew out of the stolen election of 1876, a concerned constituency called into question before Congress the electoral votes of an entire state for the first time in US history.

Brought forth by US Senator Barbara Boxer (D-CA) and by Representative Stephanie Tubbs Jones (D-OH), the Ohio electoral delegation challenge was the product of a unique grassroots campaign whose work is also documented here. As the New York Times described it, “In many ways, the debate came about because of the relentless efforts of a small group of third-party activists, liberal lawyers, Internet muckrakers and civil rights groups, who have been arguing since Election Day that the Ohio vote was rigged for Mr. Bush.”

The research and writing in this book has focussed on Ohio, where we have been collectively reporting on electoral politics for more than three decades.

While the alleged irregularities, frauds and illegalities that transpired here in 2004 have probably generated the most thorough documention of any state, important parallel assertions have arisen in other states around the country, most importantly Florida and New Mexico.

As journalists and researchers with deep roots in Columbus, the state capitol, we warned of serious problems developing in how Ohio’s 2004 balloting was being administered even before the actual votes were cast.

Republican Secretary of State J. Kenneth Blackwell who oversaw the Ohio election, is an outspoken, extremely controversial partisan who also served as co-chair of the Bush-Cheney campaign, a conflict of interest that aroused much anger.

In his dual role, Blackwell seemed to replay the part of Florida Secretary of State Katherine Harris. In 2000 Harris also served as co-chair of the state’s Bush-Cheney campaign while administering the election that first gave them the White House. In both cases, Harris and Blackwell termed the elections “highly successful.”

But were these “successes” defined in terms of their public servant roles as Secretaries of State? Or were they defined in terms of their partisan roles as campaign co-chairs for George W. Bush?

In this volume’s first three documents, we reproduce articles published before November 2, 2004. Widely distributed throughout the Internet weeks before the election, they warned that a wide range of abuses stemming from Secretary Blackwell’s office and other sources had already tainted the outcome of the upcoming Ohio vote.

On Election Day, these warnings seemed tragically prophetic. The balloting throughout Ohio was riddled with a staggering array of irregularities, apparent fraud and clear illegalities. Many of the questions focused on electronic voting machines whose lack of official accountability and a reliable paper trail had been in the news since the bitterly contested election of 2000, four years earlier. (Similar questions also arose in Georgia in 2002, where Democratic candidates for Governor and US Senate had substantial leads in the major polls right up to election day, only to lose by substantial margins).

The most widely publicized Ohio problems came as predominantly African-American precincts turned up suspiciously short of voting machines. Inner-city voters waited three hours on average and up to seven hours, according to election officials and to sworn testimony of local residents. Many voters stood in the cold rain to cast their ballots while nearby white Republican suburbs suffered virtually no delays. The wait at liberal Kenyon College, located in Knox County, Ohio, was eleven hours, while voters at a nearby conservative Bible school could vote in five minutes.

To this day no one can definitively tell how many citizens, seeing the long lines, went home or to work or to take care of their children, thus losing their right to vote.

But long waits were hardly the only problems predominantly Democratic voters encountered on Election Day. Selective harassment by partisan poll “inspectors,” provisional ballot manipulations, missing registration records, denial of absentee ballots, absentee ballots pre-punched for Bush, faulty computer screens reflecting votes for Bush that were meant for Kerry, apparently deliberate misinformation regarding polling locations, inadequate poll worker training in predominantly Democratic precincts, and much much more threw scores of polling places into serious disarray.

In two heated public post-election hearings, attended by a thousand central Ohioans, several hundred angry voters testified - under oath - on the details of the irregularities that quickly led to the widespread belief that the election had been stolen. Their testimony got virtually no mainstream media coverage. But the verbatim essence of their sworn affidavits appears in this book.

Like the elections of 2000 and 2002, much of the doubt about the election of 2004 continues to center on the counting of votes, especially on electronic voting machines.

About 15% of Ohio’s ballots were cast on computerized devices that left no paper trail. With more than 5.7 million votes cast in a state yielding an official margin for Bush of less than 117,000 votes, a skewed vote count on those machines alone could have made the difference for George W. Bush.

Sworn testimony recorded in public hearings in Columbus, Cleveland, Cincinnati, Toledo, and Warren cast serious doubt on how those voting machines performed. In Warren, voters pressing Kerry’s name on electronic screens repeatedly saw Bush’s name light up. In predominantly Democratic Lucas County, Diebold Opti-scan machines broke down early in the day and were never fixed, denying thousands - mostly Democrats - their right to vote.

Reports surfacing in other precincts verified that technicians dismantled key electronic machines before a recount could be certified. Election officials in Franklin County (where Columbus is located) reported that 77 of their machines malfunctioned on Election Day, virtually all of them in heavily Democratic precincts. Inner city precincts in Cincinnati and Cleveland had all-too-familiar Florida-style problems with their punch card machines.

To date, there has been no credible, independent audit of these machines, not in Ohio or in any other state. In Ohio, Secretary of State Blackwell issued an order in the weeks following the election that all 2004 election records, paper and electronic, were to be sealed from public access and inspection. As of this book’s publication date, those records remain unobtainable.

The controversy surrounding the voting machines remains extremely fierce in part because major manufacturers such as Diebold, ES&S, Triad, and others are controlled by partisan Republican companies with secret proprietary software. This unfortunate lack of transparency calls all US elections into question.

In a highly publicized controversy, Diebolt principal Walden O’Dell, a resident of central Ohio, pledged in a 2003 GOP fundraising letter to deliver Ohio’s electoral votes to George W. Bush, leaving the indelible suspicion that he might do it fraudulently. US Senator Chuck Hagel (R-NE) is a principle in another major voting machine company, ES&S, on which many millions of votes were cast in 2004. Hagel was elected and re-elected in balloting that relied on ES&S machines. Such apparent conflicts of interest have left the poisonous impression that America’s right to cast a ballot in secret has been transcended by a private partisan company’s right to count votes in secret.

In fact, the question of electronic voting machines remains the single largest “black hole” in the entire electoral process. Nationwide at least 30% of the votes in 2004 were cast on such “black box” machines, more than enough to have tipped the balance in the popular vote from John Kerry to George W. Bush.

Despite the intense battle over this election and the scrutiny it has received worldwide, it is virtually certain there will never be a clear answer as to how many votes cast on those machines really went to which candidate. The 3.5 million-vote margin claimed by George W. Bush in the 2004 election remains unverifiable and, at best, forever suspect.

In reaction, GOP operatives have put forth three major arguments to defend a Bush victory.

First, they argue that in Ohio and elsewhere, county election boards are bi-partisan, meaning Democrats would have had to accede to any theft of an election. This book provides a verbatim interview from William Anthony, Democratic election board member in Ohio’s Franklin County. Among other things, Anthony confirms that Blackwell had the power to remove any election board member, including Democrats, whose actions displeased him. Anthony and other Ohio election board members confirm that Blackwell in fact made at least one such threat in the lead-up to the 2004 election. And that Blackwell specifically denied central Ohioans access to paper ballots, a decision that might well have affected the overall outcome.

Republicans also argue that exit polls were wrong because Republicans failed to respond to them throughout the country on election day. They also say a late surge of evangelical voters in Florida and elsewhere overwhelmed the polling data, and that social issues prompted tens of thousands of core Democrats to drop their long-standing party loyalties and to vote for George W. Bush where in 2000 they had voted by wide margins for Al Gore.

These assertions remain unsupported by hard data. A number of documents in this book indicate they could not be true. And in large part as a result of these refutations, the movement demanding further scrutiny of the national vote continued to gain momentum in the weeks and months after the election.

Amidst the bitter controversy that was voiced in Ohio’s post-election public hearings, unprecedented national attention began to focus on what may or may not have happened here. In late November, the Reverend Jesse Jackson let it be known he had serious questions about the conduct of the Ohio balloting.

In a series of visits Jackson rallied an African-American community that felt it had been deprived of its vote. A former cohort of Dr. Martin Luther King, Jackson compared the grassroots campaign for voter justice in Ohio to the civil rights marches of the 1950s and 1960s. Terming the campaign here “a bigger deal than Selma,” Jackson likened what happened in Ohio 2004 to the deprivation of black voting rights throughout the Jim Crow South dating to the 1890s.

As a grassroots movement grew within the state - and across the nation - to demand a recount, Jackson enlisted the support of Congressman John Conyers (D-MI) and Rep. Tubbs Jones. While a citizens movement demanded to know what Ohio had to hide, Secretary of State Blackwell dragged his feet on the recount. He used a wide range of legal and bureaucratic maneuvers that deprived the public of meaningful scrutiny prior to the convening of the Electoral College, which Blackwell had long since proclaimed would go for Bush.

The grassroots efforts coalesced into two legal actions. On the morning of December 13, at the federal courthouse in Columbus, suits were filed on behalf of candidates from the Green and Libertarian Parties, demanding that the Ohio Electors not be seated until a full investigation of both the balloting and the recount could be conducted. Meanwhile, the convenors of the citizens’ post-election hearings assembled a legal team to file two election challenge lawsuits, Moss v. Bush, and Moss v. Moyer, at Ohio’s Supreme Court.

Rev. Bill Moss, a former member of the Columbus School Board, was the lead plaintiff in the suits, filed against George W. Bush and Thomas Moyer, Chief Justice of the Ohio Supreme Court. Small donor contributions from across the country financed both actions.

Later that morning, Rep. Conyers, the ranking Democrat on the House Judiciary Committee, convened a public forum on voting irregularities in Ohio that was covered by C-SPAN. Conyers had already taken testimony at a hearing in Washington. Now he was joined by Rep. Jones and Congressman Ted Strickland (D-OH), Congresswoman Maxine Waters (D-CA), Congressman Jerome Nadler (D-NY) and others at the Columbus City Council Chambers. The hearing had originally been called for the Statehouse, but Republicans there denied the Congressional delegation a room.

Taking additional testimony from Ohioans who were denied their right to vote, Conyers’ City Hall hearing also heard from national election experts. While they testified, Republican Electors cast their ballots around the corner at the statehouse, votes that would, as Blackwell predicted, give the election to George W. Bush.

In the wake of these new hearings, and with growing momentum built by Jackson, Jones, Conyers and others, a truly national movement arose to demand a new look at what had happened on November 2. With an almost total blackout on all coverage from the mainstream media, the vast bulk of the information was spread through FreePress.org. The Free Press articles were in turn picked up by CommonDreams.org, Truthout.org and other democracy-minded internet outlets. Co-authors Fitrakis, Wasserman and Rosenfeld appeared on Air America Radio Shows hosted by Laura Flanders, Randi Rhodes, Stephanie Miller, and Marty Kaplan, as well as Pacifica Radio, NPR, independent radio stations and with Amy Goodman on the Democracy Now TV network.

But by and large, the fact that the story spread at all was a tribute to the ability of the Internet to operate independently from the major media, whose scant coverage of what happened in Ohio was almost uniformly hostile to the idea that anything could have gone seriously wrong.

On January 3, 2005, Rev. Jackson hosted a rally in downtown Columbus at which Rep. Jones officially announced that she would formally question the seating of the Ohio Electoral delegation on January 6. The challenge would come through a law passed by Congress in 1887 in response to the Republican theft of the 1876 election.

That year the New York Democratic Samuel Tilden outpolled the Ohio Republican Rutherford B. Hayes by about 250,000 votes. But the Republican Party manipulated the electoral votes in Florida and other states.

After a tense five-month stand-off, a deal was cut and Hayes became president. In exchange, the GOP ended Reconstruction by pulling the last federal troops out of the defeated south, leaving millions of freed slaves to the mercies of Jim Crow segregation and a system designed to deprive them of their right to vote, a Constitutional violation not seriously challenged until the civil rights movement of the 1950s and 1960s.

The 1887 law provided that at the formal request of a Senator and a Representative, the two houses of Congress would debate separately for two hours the legitimacy of seating a specified state’s delegation to the Electoral College.

In 2000, members of the Congressional Black Caucus rose to challenge the Florida delegation. But Vice President Al Gore, who was presiding over the Senate at the time, recognized no senator willing to join them.

As of January 3, 2005, no US senator had stepped forward to join Rep. Jones. The next day a busload of activists left from Columbus for an overnight “freedom ride” to Washington. As they arrived the morning of January 5, the burgeoning “Election Protection” coalition staged a media briefing at the National Press Club, finally generating major global media coverage, including ABC’s Nightline. Throughout that day, and the next, Rev. Jackson, with Fitrakis and others in tow, lobbied the Congress, providing in-depth briefings for key Democratic senators, including the newly installed Democratic leadership and former first lady Hillary Clinton (D-NY).

On January 6, at a morning rally across from the White House, Rev. Jackson announced that Senator Boxer would join Rep. Tubbs Jones in questioning the seating of the Republican delegation from Ohio to the Electoral College.

Boxer’s historic decision was greeted with loud cheers from the Election Protection coalition. In her California re-election campaign, Boxer had been America’s third-leading vote-getter, behind Kerry and Bush. But extremely harsh personal attacks spewed from Rep. Tom DeLay (D-TX) and the Republican leadership in the Congress and in Ohio. Much of the Ohio media, which had ignored the story since election day, jumped in with personal attacks on Rep. Tubbs Jones and the voting rights activists.

As the day progressed, public rallies accompanied the Congressional debate, much of which we have reproduced here. Then the two chambers re-convened, certified the Ohio delegation - and George W. Bush was given a disputed second term.

But the historic controversy over the 2004 election has not ended.

At its core remain unanswered questions surrounding the actions of Secretary of State Blackwell, the fine print of election procedure and vote counting, as well as the still unresolved exit poll controversy and the nature of electronic voting.

Up until 11pm Eastern Standard Time, the major election-day exit polls showed John Kerry winning the national election. But in nine of eleven swing states, including Florida and Ohio, massive, unexplained shifts gave Bush the election.

Nationwide what appeared to be a victory for Kerry by about 1.5 million votes suddenly became a 3.5 million margin for Bush.

As shown in the documents here, the hard realities of such a shift remain unexplained.

In the months after the election, dozens of polling experts and statisticians have scrutinized every corner of the public exit polling data as it stacks up against the official vote counts. The major pollsters and their national media clients still refuse to release the raw data. The consensus, as shown here, is that the reversal of Kerry’s fortunes late on election night was in essence a statistical impossibility, with the odds at roughly 1 in 950,000. According to these experts, John Kerry should have been inaugurated in January, 2005.

These exit poll analyses have been generally ignored but not disputed by the mainstream press. In early 2005, two major pollsters issued statements saying that their initial work was in error, and that they had somehow “under-interviewed” Republican voters, thereby skewing their findings toward the Democrats.

But such denials are simply not credible in the eyes of a broad spectrum of independent experts. As shown in the documents here, nearly all the “errors” in the polling were somehow in Bush’s favor. The odds against the reversals that were shown in Florida, Ohio and Pennsylvania alone are in the hundreds-of-thousands to one; according to experts such as the University of Illinois’s Ron Baiman, nationwide the odds approach 150 million to one.

Ironically, just prior to the 2004 US election, similar exit polls led to the reversal of a presidential election in Ukraine, where mass demonstrations forced a re-vote. The challenger’s “defeat” in the first voting ran so clearly counter to the exit polls that a second vote was forced, which he won.

The Bush administration supported the revote in the Ukraine. But there was no parallel reversal here.

The drama in Ohio continues. In early 2005, Secretary of State Blackwell issued a fundraising letter congratulating himself for delivering Ohio to George W. Bush. The letter contained an illegal solicitation of corporate money, and was withdrawn as a “mistake.”

Blackwell was not indicted. But the letter enhanced the widespread suspicion that Blackwell abused his position as Secretary of State to wrongfully deliver Ohio, and the White House, to George W. Bush.

In January 2005, Blackwell initiated an attempt by Ohio Attorney General James Petro to sanction four attorneys who sued to get to the bottom of what had happened on Election Day, 2004. Bob Fitrakis, Cliff Arnebeck, Susan Truitt and Peter Peckarsky were named as attorneys to be sanctioned at the pleasure of the Ohio Supreme Court, which is dominated by Republicans. Petro’s brief essentially argues that there were no irregularities in the 2004 Ohio election and the Moss v. Bush and Moss v. Moyer filings were “meritless” and “frivolous.” Chief Justice Thomas Moyer, who is cited in the second filing, refused to recuse himself, and appointed himself to rule on the Moss v. Bush case against the very lawyers who filed against him in Moss v. Moyer.

Meanwhile, Blackwell escalated his own campaign for Governor of Ohio, to be decided in primary and general elections he would administer as Secretary of State. As the prime candidate of the fundamentalist far-right, Blackwell planned to follow in the footsteps of Florida’s Katherine Harris, who was rewarded with a safe Congressional seat after delivering her state - and the presidency - to Bush in 2000.

As the documents in the final chapter and appendix to this book show, the bitter controversy over the vote count in Ohio has been mirrored in other key states around the US.

The outcome in Florida 2004 remains in many ways as severely challenged as in 2000. Serious questions have erupted in New Mexico, where every precinct that used electronic scanning devices went for Bush, no matter what its demographic make-up or party proclivities. As Kerry noted in a conference call involving Jackson, Fitrakis and Arneback, it was not the Democrat or Republican, Hispanic or Anglo, rich or poor make-up of a precinct that decided the outcome in New Mexico, it was the presence of opti-scan vote counters.

Similar new concerns have since surfaced in Maryland and elsewhere.

Like the production of this book, the “Election Protection” campaign that grew from the Ohio grassroots has been unaided by either the Ohio Democratic Party, the Kerry campaign or any other candidate, or the major media. But it has coalesced into a nationwide movement for meaningful reform. Based in grassroots organizing and independent internet outlets like FreePress.org, they may be our only lifeline to any hope for the future of democracy.

The Democratic representatives who stood up on January 6 are pursuing election reform at the federal level. It remains to be seen how that plays out.

But the bitter controversy over Ohio 2004, like that over Florida 2000 and Georgia 2002, rings like a fire bell for the future of democracy.

Four decades after the 1965 signing of the National Voting Rights Act, and nearly fourteen decades after 1869 passage of the Fifteenth Amendment to the Constitution of the United States guaranteeing freed slaves the right to vote, millions of Americans and citizens worldwide believe that our electoral process is still vulnerable to manipulation, fraud and theft.

We believe the documents in this book form the most complete record so far of what really happened in Ohio and elsewhere immediately before, during and after the election of 2004. Some have been edited to avoid excessive repetition. All are accompanied by citations meant to guide you to original documents in their entirety, as well as to other sources providing a variety of perspectives.

Many who are discontent with how this election was conducted now argue for federal standards to apply to all future elections. There are a wide range of additional reforms being proposed on all sides of the political spectrum.

But few would disagree with the proposition put forth by Thomas Jefferson that eternal vigilance is the price of freedom. And that free elections demand aggressive, informed, relentless protection.

We hope this volume will facilitate informed decisions about how that can be done in the future.

(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.)

Proof of Ohio Election Fraud Exposed

January 26th, 2005 by Andy in Elections & Electronic Black Box Voting

Proof of Ohio Election Fraud Exposed
By William Rivers Pitt
t r u t h o u t | Report
December 15th, 2004

Also see below:
Affidavit of Evelyn Roberson(as featured on USTV)

Among activists and investigators looking into allegations of vote fraud in the 2004 Presidential election, the company always mentioned was Diebold and its suspicious electronic touch-screen voting machines. It is Diebold that has multiple avowed Republicans on its Board of Directors. It was Diebold that gave hundreds of thousands of dollars to Bush’s election campaign. It was Diebold CEO Walden O’Dell who vowed to deliver Ohio’s electoral votes to Bush.

As it turns out, everyone was looking the wrong way. The company that requires immediate and penetrating scrutiny is Triad Systems.
Triad is owned by a man named Tod Rapp, who has also donated money to both the Republican Party and the election campaign of George W. Bush. Triad manufactures punch-card voting systems, and also wrote the computer program that tallied the punch-card votes cast in 41 Ohio counties last November. This Triad company graphic displays the counties where their machines are used:

Given the ubiquity of the Triad voting systems in Ohio, the allegations that have been leveled against this company strike to the heart of the assumed result of the 2004 election.

Earlier this week, the allegations against triad were first raised by Green Party candidate David Cobb, who testified at a hearing held in Columbus, Ohio by Rep. John Conyers of the House Judiciary Committee. In his testimony, Cobb stated:

Mr. Chairman, though our time is limited, I must bring to the committee’s attention the most recent and perhaps most troubling incident that was related to my campaign on Sunday, December 12, about a shocking event that occurred last Friday, December 10.

A representative from Triad Systems came into a county board of elections office un-announced. He said he was just stopping by to see if they had any questions about the up-coming recount. He then headed into the back room where the Triad supplied Tabulator (a card reader and older PC with custom software) is kept. He told them there was a problem and the system had a bad battery and had “lost all of its data”. He then took the computer apart and started swapping parts in and out of it and another “spare” tower type PC also in the room. He may have had spare parts in his coat as one of the BOE people moved it and remarked as to how very heavy it was. He finally re-assembled everything and said it was working but to not turn it off.

He then asked which precinct would be counted for the 3% recount test, and the one which had been selected as it had the right number of votes, was relayed to him. He then went back and did something else to the tabulator computer.

The Triad Systems representative suggested that since the hand count had to match the machine count exactly, and since it would be hard to memorize the several numbers which would be needed to get the count to come out exactly right, that they should post this series of numbers on the wall where they would not be noticed by observers. He suggested making them look like employee information or something similar. The people doing the hand count could then just report these numbers no matter what the actual count of the ballots revealed. This would then “match” the tabulator report for this precinct exactly. The numbers were apparently the final certified counts for the selected precinct.

Triad is contracted to do much of the elections work in this county and elsewhere in Ohio. This included programming the candidates into the tabulator, and coming up with the rotation of candidates in the various precincts (that is, the order of which candidate is first changes between precincts). They also have a technician in the office on election night to actually run the tabulator itself.

Triad also supplies the network computers on which all of the voter registration information and processing is kept for the county.

It was unusual for the computers to be taken apart. At least one member of the Board of Elections was told the tabulator was in pieces when he called to check on the office.

The source of this report believes that the Triad representative was “making the rounds” of visiting other counties also before the recount. This person also stated they would not pass on the suggestion of the “posted” hidden totals, and would refuse to go along with it if it were suggested by the others in the office at the time.

The source of this information believes they could lose their job if they come forward.

The source of this information is named Sherole Eaton, Hocking County deputy director of elections. She has since written and signed an affidavit describing her experience with the Triad representative, the text of which is here:

AFFIDAVIT
December 13, 2004
Sherole Eaton
Re: General Election 2004 - Hocking County, TriAd
Dell Computer about 14 years old - No tower

On Friday, December 10 2004, Michael from TriAd called in the AM to inform us that he would be in our office in the PM on the same day. I asked him why he was visiting us. He said, “to check out your tabulator, computer, and that the attorneys will be asking some tricky questions and he wanted to go over some of the questions they maybe ask.” He also added that there would be no charge for this service.

He arrived at about 12:30PM. I hung his coat up and it was very heavy. I made a comment about it being so heavy. He, Lisa Schwartze and I chatted for a few minutes. He proceeded to go to the room where our computer and tabulation machine is kept. I followed him into the room. I had my back to him when he turned the computer on. He stated that the computer was not coming up. I did see some commands at the lower left hand of the screen but no menu. He said that the battery in the computer was dead and that the stored information was gone. He said that he could put a patch on it and fix it. My main concern was - what if this happened when we were ready to do the recount. He proceeded to take the computer apart and call his offices to get information to input into our computer. Our computer is fourteen years old and as far as I know had always worked in the past. I asked him if the older computer, that is in the same room. could be used for the recount. I don’t remember exactly what he said but I did relay to him that the computer was old and a spare. At some point he asked if he could take the spare computer apart and I said “yes”. He took both computers apart. I don’t remember seeing any tools and he asked Sue Wallace, Clerk, for a screwdriver. She got it for him. At this point I was frustrated about the computer not performing and feared that it wouldn’t work for the recount. I called Gerald Robinette, board chairman, to inform him regarding the computer problem and asked him if we could have Tri Ad come to our offices to run the program and tabulator for the recount. Gerald talked on the phone with Michael and Michael assured Gerald that he could fix our computer. He worked on the computer until about 3:00 PM and then asked me which precinct and the number of the precinct we were going to count. I told him, Good Hope 1 # 17. He went back into the tabulation room. Shortly after that he (illegible) stated that the computer was ready for the recount and told us not to turn the computer off so it would charge up.

Before Lisa ran the tests, Michael said to turn the computer off. Lisa said, ” I thought you said we weren’t supposed to turn it off.” He said turn it off and right back on and it should come up. It did come up and Lisa ran the tests. Michael gave us instructions on how to explain the rotarien, what the tests mean, etc. No advice on how to handle the attorneys but to have our Prosecuting Attorney at the recount to answer any of their legal questions. He said not to turn the computer off until after the recount.

He advised Lisa and I on how to post a “cheat sheet” on the wall so that only the board members and staff would know about it and and what the codes meant so the count would come out perfect and we wouldn’t have to do a full hand recount of the county. He left about 5:00 PM.

My faith in Tri Ad and the Xenia staff has been nothing but good. The realization that this company and staff would do anything to dishonor or disrupt the voting process is distressing to me and hard to believe. I’m being completely objective about the above statements and the reason I’m bringing this forward is to, hopefully, rule out any wrongdoing.

Further buttressing Eaton’s claim is an addendum to a previous affidavit filed by Evelyn Roberson who, you may recall, was involved in the Greene County recount action that was summarily shut down by Ohio Secretary of State Blackwell. Her addendum reads as follows:

Addendum to Declaration of Evelyn Roberson dated December 12, 2004
Re: Incidents of December 10, 2004

This is to add to the approximately 1 :15 p.m. portion of the visit with the Deputy Director of Elections Lyn McCoy with respect to the following comment:

“She said they would have their computer technician check over their computers on Monday in case they has been tampered with.”

the addition is that Lyn McCoy also mentioned to me at the same time that her computer technician was with Triad.

I declare under penalty of perjury the forgoing is true and correct.

Dated: December 14, 2004

Evelyn Roberson

Original versions of these documents should be available later on Wednesday on the website of Rep. Conyers.

Conyers, upon hearing these allegations, sent a letter to both the FBI Special Agent in Charge in Ohio and the Hocking County Prosecutor. The text of that letter is as follows:

December 15th, 2004

As part of the Democratic staff’s investigation into irregularities in the 2004 election and following up on a lead provided to me by Green Party Presidential Candidate, David Cobb, I have learned that Sherole Eaton, a Deputy Director of Board of Elections in Hocking County, Ohio, has first hand knowledge of inappropriate and likely illegal election tampering in the Ohio presidential election in violation of federal and state law.

I have information that similar actions of this nature may be occurring in other counties in Ohio. I am therefore asking that you immediately investigate this alleged misconduct and that, among other things, you consider the immediate impoundment of election machinery to prevent any further tampering.

On December 13, my staff met with Ms. Eaton who explained to them that last Friday, December 10, Michael Barbian, Jr., a representative of Triad GSI unilaterally sought and obtained access to the voting machinery and records in Hocking County, Ohio, modified the computer tabulator, learned which precinct was planned to be the subject of the initial test recount and made further alterations based on that information, and advised the election officials how to manipulate the machinery so that the preliminary hand recount matched the machine count. Ms. Eaton first relayed this information to Green Party representatives, and then completed, signed and notarized an affidavit describing this course of events, a copy of which is attached.

The Triad official sought access to the voting machinery based on the apparent pretext that he wanted to review some “legal questions” the officials might receive as part of the recount process. At several times during this visit, Mr. Barbian telephoned into Triad’s offices to obtain programming information relating to the machinery and the precinct in question. I have subsequently learned that Triad officials have been, or are in the process of intervening in several other counties in Ohio - Greene and Monroe, and perhaps others (see attached). There are several important considerations you should be aware of with respect to this matter. First, this course of conduct would appear to violate several provisions of federal law, in addition to the constitutional guarantees of equal protection and due process. 42 U.S.C. 1973 provides for criminal penalties against any person who, in any election for federal office, “knowingly and willfully deprives, defrauds, or attempts to defraud the residents of a State of a fair and impartially conducted election process, by . . . the procurement, casting, or tabulation of ballots that are known by the person to be materially false, fictitious, or fraudulent under the laws of the State in which the election is held.” 42 U.S.C. 1974 also requires the retention and preservation, for a period of twenty-two months from the date of a federal election, of all voting records and papers and makes it a felony for any person to “willfully steal, destroy, conceal, mutilate, or alter” any such record. Further, any tampering with ballots and/or election machinery would violate the constitutional rights of all citizens to vote and have their votes properly counted, as guaranteed by the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the U.S. Constitution.

Second, the course of conduct would also appear to violate several provisions of Ohio law. No less than 4 provisions of the Ohio Revised Code make it a felony to tamper with or destroy election records or machines.1 Clearly, modifying election equipment in order to make sure that the hand count matches the machine count would appear to fall within these proscriptions.

Moreover, bringing in Triad officials into other Ohio Counties would also appear to violate Ohio Revised Code 3505.32 which provides that during a period of official canvassing, all interaction with ballots must be “in the presence of all of the members of the board and any other persons who are entitled to witness the official canvass,” given that last Friday, the Ohio Secretary of State has issued orders to the effect that election officials are to treat all election materials as if they were in a period of canvassing,2 and that “Teams of one Democrat and one Republican must be present with ballots at all times of processing.”

Third, it is important to recognize that the companies implicated in the wrongdoing, Triad and its affiliates, are the leading suppliers of voting machines involving the counting of paper ballots and punch cards in the critical states of Ohio and Florida. Triad is controlled by the Rapp family, and its founder Tod A. Rapp has been a consistent contributor to Republican causes.4 A Triad affiliate, Psephos corporation, supplied the notorious butterfly ballot used in Palm Beach County, Florida, in the 2000 presidential election.

Sincerely,

John Conyers, Jr.

Enclosures

cc: The Honorable F. James Sensenbrenner, Jr.

(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.)

Lawmaker Seeks Inquiry Into Ohio Vote

January 24th, 2005 by Andy in Elections & Electronic Black Box Voting

Lawmaker Seeks Inquiry Into Ohio Vote
By Tom Zeller Jr.
December 15th, 2004

The New York Times

The ranking Democratic member of the House Judiciary Committee, Representative John Conyers Jr. of Michigan, plans to ask the Federal Bureau of Investigation and a county prosecutor in Ohio today to explore “inappropriate and likely illegal election tampering” in at least one and perhaps several Ohio counties.
The request for an investigation, made in a letter that was also provided to The New York Times, includes accounts from at least two county employees, but is based largely on a sworn affidavit provided by the Hocking County deputy director of elections, Sherole Eaton.

Among other things, Ms. Eaton says in her affidavit that a representative of Triad Governmental Systems, the Ohio firm that created and maintains the vote-counting software in dozens of Ohio counties, made several adjustments to the Hocking County tabulator last Friday, in advance of the state’s recount, which is taking place this week.

Ohio recount rules require that only 3 percent of a county’s votes be tallied by hand, and typically one or more whole precincts are selected and combined to get the 3 percent sample. After the hand count, the sample is fed into the tabulator. If there is no discrepancy, the remaining ballots can be counted by the machine. Otherwise, a hand recount must be done for the whole county.

Ms. Eaton contends that the Triad employee asked which precinct Hocking County planned to count as its representative 3 percent, and, upon being told, made further adjustments to the machine.

County officials decided to use a different precinct when the recount was done yesterday. No discrepancies were found.

“This is pretty outrageous,” Mr. Conyers said. “We want to pursue it as vigorously as we can.”

But Brett Rapp, the president of Triad, said that although it would be unusual for an employee to ask about a specific precinct, preparing the machines for a recount was standard procedure and was done in all 41 counties where Triad handles vote counts. He added that he welcomed any investigation.

“I’ve been doing this since 1985, and in all my experience this is the first time that we have had any complaints whatsoever,” Mr. Rapp said.

(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.)

20 Facts About Voting In The USA

January 13th, 2005 by Andy in Elections & Electronic Black Box Voting

20 Amazing Facts About Voting In The USA
www.Nightweed.com

Did you know….

1. 80% of all votes in America are counted by only two companies: Diebold and ES&S.

http://www.onlinejournal.com/evoting/042804Landes/042804landes.html

http://en.wikipedia.org/wiki/Diebold
2. There is no federal agency with regulatory authority or oversight of the U.S. voting machine industry.

http://www.commondreams.org/views02/0916-04.htm

http://www.onlinejournal.com/evoting/042804Landes/042804landes.html

3. The vice-president of Diebold and the president of ES&S are brothers.

http://www.americanfreepress.net/html/private_company.html

http://www.onlinejournal.com/evoting/042804Landes/042804landes.html

4. The chairman and CEO of Diebold is a major Bush campaign organizer and donor who wrote in 2003 that he was “committed to helping Ohio deliver its electoral votes to the president next year.”

http://www.cbsnews.com/stories/2004/07/28/sunday/main632436.shtml

http://www.wishtv.com/Global/story.asp?S=1647886

5. Republican Senator Chuck Hagel used to be chairman of ES&S. He became Senator based on votes counted by ES&S machines.

http://www.motherjones.com/commentary/columns/2004/03/03_200.html

http://www.onlinejournal.com/evoting/031004Fitrakis/031004fitrakis.html

6. Republican Senator Chuck Hagel, long-connected with the Bush family, was recently caught lying about his ownership of ES&S by the Senate Ethics Committee.

http://www.blackboxvoting.com/modules.php?name=News&file=article&sid=26

http://www.hillnews.com/news/012903/hagel.aspx

http://www.onlisareinsradar.com/archives/000896.php

7. Senator Chuck Hagel was on a short list of George W. Bush’s vice-presidential candidates.

http://www.businessweek.com/2000/00_28/b3689130.htm

http://theindependent.com/stories/052700/new_hagel27.html

8. ES&S is the largest voting machine manufacturer in the U.S. and counts almost 60% of all U.S. votes.

http://www.essvote.com/HTML/about/about.html

http://www.onlinejournal.com/evoting/042804Landes/042804landes.html

9. Diebold’s new touch screen voting machines have no paper trail of any votes. In other words, there is no way to verify that the data coming out of the machine is the same as what was legitimately put in by voters.

http://www.commondreams.org/views04/0225-05.htm

http://www.itworld.com/Tech/2987/041020evotestates/pfindex.html

10. Diebold also makes ATMs, checkout scanners, and ticket machines, all of which log each transaction and can generate a paper trail.

http://www.commondreams.org/views04/0225-05.htm

http://www.diebold.com/solutions/default.htm

11. Diebold is based in Ohio.

http://www.diebold.com/aboutus/ataglance/default.htm

12. Diebold employed 5 convicted felons as senior managers and developers to help write the central compiler computer code that counted 50% of the votes in 30 states.

http://www.wired.com/news/evote/0,2645,61640,00.html

http://portland.indymedia.org/en/2004/10/301469.shtml

13. Jeff Dean, Diebold’s Senior Vice-President and senior programmer on Diebold’s central compiler code, was convicted of 23 counts of felony theft in the first degree.

http://www.chuckherrin.com/HackthevoteFAQ.htm#how

http://www.blackboxvoting.org/bbv_chapter-8.pdf

14. Diebold Senior Vice-President Jeff Dean was convicted of planting back doors in his software and using a “high degree of sophistication” to evade detection over a period of 2 years.

http://www.chuckherrin.com/HackthevoteFAQ.htm#how

http://www.blackboxvoting.org/bbv_chapter-8.pdf

15. None of the international election observers were allowed in the polls in Ohio.

http://www.globalexchange.org/update/press/2638.html

http://www.enquirer.com/editions/2004/10/26/loc_elexoh.html

16. California banned the use of Diebold machines because the security was so bad. Despite Diebold’s claims that the audit logs could not be hacked, a chimpanzee was able to do it! (See the movie here .)

http://wired.com/news/evote/0,2645,63298,00.html

http://www.msnbc.msn.com/id/4874190

17. 30% of all U.S. votes are carried out on unverifiable touch screen voting machines with no paper trail.

http://www.cbsnews.com/stories/2004/07/28/sunday/main632436.shtml

18. All — not some — but all the voting machine errors detected and reported in Florida went in favor of Bush or Republican candidates.

http://www.wired.com/news/evote/0,2645,65757,00.html

http://www.yuricareport.com/ElectionAftermath04/ThreeResearchStudiesBushIsOut.htm

http://www.rise4news.net/extravotes.html

http://www.ilcaonline.org/modules.php?op=modload&name=News&file=article&sid=950

http://www.scoop.co.nz/mason/stories/HL0411/S00227.htm

19. The governor of the state of Florida, Jeb Bush, is the President’s brother.

http://www.tallahassee.com/mld/tallahassee/news/local/7628725.htm

http://www.washingtonpost.com/wp-dyn/articles/A10544-2004Oct29.html

20. Serious voting anomalies in Florida — again always favoring Bush — have been mathematically demonstrated and experts are recommending further investigation.

http://www.yuricareport.com/ElectionAftermath04/ThreeResearchStudiesBushIsOut.htm

http://www.computerworld.com/governmenttopics/government/policy/story/0,10801,97614,00.html

http://www.americanfreepress.net/html/tens_of_thousands.html

http://www.commondreams.org/headlines04/1106-30.htm

http://www.consortiumnews.com/2004/110904.html

http://uscountvotes.org/>http://uscountvotes.org/>http://uscountvotes.org

Preserving Democracy: What Went Wrong in Ohio

January 5th, 2005 by Andy in Elections & Electronic Black Box Voting

Preserving Democracy:
What Went Wrong in Ohio
Status Report of the House Judiciary Committee Democratic Staff

January 5th, 2005

Executive Summary

Representative John Conyers, Jr., the Ranking Democrat on the House Judiciary Committee, asked the Democratic staff to conduct an investigation into irregularities reported in the Ohio presidential election and to prepare a Status Report concerning the same prior to the Joint Meeting of Congress scheduled for January 6, 2005, to receive and consider the votes of the electoral college for president. The following Report includes a brief chronology of the events; summarizes the relevant background law; provides detailed findings (including factual findings and legal analysis); and describes various recommendations for acting on this Report going forward.

Read The Report at http://truthout.org/Conyersreport.pdf
We have found numerous, serious election irregularities in the Ohio presidential election, which resulted in a significant disenfranchisement of voters. Cumulatively, these irregularities, which affected hundreds of thousand of votes and voters in Ohio, raise grave doubts regarding whether it can be said the Ohio electors selected on December 13, 2004, were chosen in a manner that conforms to Ohio law, let alone federal requirements and constitutional standards.

This report, therefore, makes three recommendations: (1) consistent with the requirements of the United States Constitution concerning the counting of electoral votes by Congress and Federal law implementing these requirements, there are ample grounds for challenging the electors from the State of Ohio; (2) Congress should engage in further hearings into the widespread irregularities reported in Ohio; we believe the problems are serious enough to warrant the appointment of a joint select Committee of the House and Senate to investigate and report back to the Members; and (3) Congress needs to enact election reform to restore our people’s trust in our democracy. These changes should include putting in place more specific federal protections for federal elections, particularly in the areas of audit capability for electronic voting machines and casting and counting of provisional ballots, as well as other needed changes to federal and state election laws.

With regards to our factual finding, in brief, we find that there were massive and unprecedented voter irregularities and anomalies in Ohio. In many cases these irregularities were caused by intentional misconduct and illegal behavior, much of it involving Secretary of State J. Kenneth Blackwell, the co-chair of the Bush-Cheney campaign in Ohio.

First, in the run up to election day, the following actions by Mr. Blackwell, the Republican Party and election officials disenfranchised hundreds of thousands of Ohio citizens, predominantly minority and Democratic voters:

* The misallocation of voting machines led to unprecedented long lines that disenfranchised scores, if not hundreds of thousands, of predominantly minority and Democratic voters. This was illustrated by the fact that the Washington Post reported that in Franklin County, “27 of the 30 wards with the most machines per registered voter showed majorities for Bush. At the other end of the spectrum, six of the seven wards with the fewest machines delivered large margins for Kerry.” (See Powell and Slevin, supra). Among other things, the conscious failure to provide sufficient voting machinery violates the Ohio Revised Code which requires the Boards of Elections to “provide adequate facilities at each polling place for conducting the election.”

* Mr. Blackwell’s decision to restrict provisional ballots resulted in the disenfranchisement of tens, if not hundreds, of thousands of voters, again predominantly minority and Democratic voters. Mr. Blackwell’s decision departed from past Ohio law on provisional ballots, and there is no evidence that a broader construction would have led to any significant disruption at the polling places, and did not do so in other states.

* Mr. Blackwell’s widely reviled decision to reject voter registration applications based on paper weight may have resulted in thousands of new voters not being registered in time for the 2004 election.

* The Ohio Republican Party’s decision to engage in preelection “caging” tactics, selectively targeting 35,000 predominantly minority voters for intimidation had a negative impact on voter turnout. The Third Circuit found these activities to be illegal and in direct violation of consent decrees barring the Republican Party from targeting minority voters for poll challenges.

* The Ohio Republican Party’s decision to utilize thousands of partisan challengers concentrated in minority and Democratic areas likely disenfranchised tens of thousands of legal voters, who were not only intimidated, but became discouraged by the long lines. Shockingly, these disruptions were publicly predicted and acknowledged by Republican officials: Mark Weaver, a lawyer for the Ohio Republican Party, admitted the challenges “can’t help but create chaos, longer lines and frustration.”

* Mr. Blackwell’s decision to prevent voters who requested absentee ballots but did not receive them on a timely basis from being able to receive provisional ballots 6 likely disenfranchised thousands, if not tens of thousands, of voters, particularly seniors. A federal court found Mr. Blackwell’s order to be illegal and in violation of HAVA.

Second, on election day, there were numerous unexplained anomalies and irregularities involving hundreds of thousands of votes that have yet to be accounted for:

* There were widespread instances of intimidation and misinformation in violation of the Voting Rights Act, the Civil Rights Act of 1968, Equal Protection, Due Process and the Ohio right to vote. Mr. Blackwell’s apparent failure to institute a single investigation into these many serious allegations represents a violation of his statutory duty under Ohio law to investigate election irregularities.

* We learned of improper purging and other registration errors by election officials that likely disenfranchised tens of thousands of voters statewide. The Greater Cleveland Voter Registration Coalition projects that in Cuyahoga County alone over 10,000 Ohio citizens lost their right to vote as a result of official registration errors.

* There were 93,000 spoiled ballots where no vote was cast for president, the vast majority of which have yet to be inspected. The problem was particularly acute in two precincts in Montgomery County which had an undervote rate of over 25% each - accounting for nearly 6,000 voters who stood in line to vote, but purportedly declined to vote for president.

* There were numerous, significant unexplained irregularities in other counties throughout the state: (i) in Mahoning county at least 25 electronic machines transferred an unknown number of Kerry votes to the Bush column; (ii) Warren County locked out public observers from vote counting citing an FBI warning about a potential terrorist threat, yet the FBI states that it issued no such warning; (iii) the voting records of Perry county show significantly more votes than voters in some precincts, significantly less ballots than voters in other precincts, and voters casting more than one ballot; (iv) in Butler county a down ballot and underfunded Democratic State Supreme Court candidate implausibly received more votes than the best funded Democratic Presidential candidate in history; (v) in Cuyahoga county, poll worker error may have led to little known thirdparty candidates receiving twenty times more votes than such candidates had ever received in otherwise reliably Democratic leaning areas; (vi) in Miami county, voter turnout was an improbable and highly suspect 98.55 percent, and after 100 percent of the precincts were reported, an additional 19,000 extra votes were recorded for President Bush.

Third, in the post-election period we learned of numerous irregularities in tallying provisional ballots and conducting and completing the recount that disenfanchised thousands of voters and call the entire recount procedure into question (as of this date the recount is still not complete):

* Mr. Blackwell’s failure to articulate clear and consistent standards for the counting of provisional ballots resulted in the loss of thousands of predominantly minority votes. In Cuyahoga County alone, the lack of guidance and the ultimate narrow and arbitrary review standards significantly contributed to the fact that 8,099 out of 24,472 provisional ballots were ruled invalid, the highest proportion in the state.

* Mr. Blackwell’s failure to issue specific standards for the recount contributed to a lack of uniformity in violation of both the Due Process Clause and the Equal Protection Clauses. We found innumerable irregularities in the recount in violation of Ohio law, including (i) counties which did not randomly select the precinct samples; (ii) counties which did not conduct a full hand court after the 3% hand and machine counts did not match; (iii) counties which allowed for irregular marking of ballots and failed to secure and store ballots and machinery; and (iv) counties which prevented witnesses for candidates from observing the various aspects of the recount.

* The voting computer company Triad has essentially admitted that it engaged in a course of behavior during the recount in numerous counties to provide “cheat sheets” to those counting the ballots. The cheat sheets informed election officials how many votes they should find for each candidate, and how many over and under votes they should calculate to match the machine count. In that way, they could avoid doing a full county-wide hand recount mandated by state law.

View the report at http://truthout.org/Conyersreport.pdf

(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.)

« Previous ArticleNext Article »

Search Articles



USTV Recommended Read: