Dr. Dean, get some guts…

Posted in General, TAKE ACTION! on December 3rd, 2005

… or the DNC will be the "sore losers" in 2006.

Voting Activist Sheri Myers emailed this to me today. She wanted me to post this here. I really like her idea to fax this letter to the DNC.

FAXED TO DNC HQ: (202) 863-8174

Dear Chairman Dean and the DNC,

Got your newsletter: "Democrats will take back the House and the Senate in 2006. Send money."

I’d love to help out, but I can’t bear to witness more pure hearts breaking because of election fraud. Apparently the DNC refuses to take it seriously, so here’s what I’m going to do – because for me, it’s dead serious.

1.VOTING RIGHTS HERO #1
I’m going to $upport Bob Fitrakis for Ohio Governor, because Bob’s going to talk about election fraud every chance he gets.
He is the incredible attorney/journalist/activist who led the citizen investigation of the Ohio Vote Fraud. Author of
"How George W. Bush Stole the 2004 Election." and editor of the Columbus FreePress.

BTW, (no surprise to anybody) Fitrakis is a Green. http://www.bobforohio.com /

2.VOTING RIGHTS HERO #2
I’m going to send $ to John Bonifaz, who’s running for SOS in Massachusetts. I really believe he should be President – ASAP.

http://www.johnbonifaz.com / This is the guy who created AfterDowningStreet.org and the National Voting Rights Institute, who wrote "Warrior-King: The Case for Impeaching George W Bush" and will institute the Voter Bill of Rights,

3.POTENTIAL HEROES – we ALL win!
I’m going to ask all my vote-loving pals to sign the petition supporting the Rush-Holt bill, immediately.
http://www.rushholt.com/petition.html Now there’s legislation that should have passed YESTERDAY.

4. OBAMA STEPS UP!
Senator Barack Obama (D-IL) has introduced a bill, S. 1975, The Deceptive Practices and Voter Intimidation Prevention Act of 2005. I’m calling Senator Boxer to stand with him. This could put lots of Repug thugs on notice for the 2006 election.
www.congress.org

Chairman Dean, how are YOU going to lead?

I don’t want to read any DNC decrees. There’s a war being waged by the Republican touchscreen companies to eat up our Democracy. THIS IS AN EMERGENCY. I know you’re aware of this.

I saw you Dr. Dean, you sat there with Bev Harris, and she showed you how easy it was to hack the vote. "Whoa!" you said. I know you have Mark Crispin Miller’s excellent "Fooled Again: How the Right Stole the 2004 Election & Why They’ll Steal the Next One Too." AND I know Rev. Jesse Jackson put you with Bob Fitrakis to hear about the Ohio Fraud.

Where’d you go, Howard??
You know we’ve already lost Ohio to Diebold Republicans?
Doesn’t Ohio figure in your master plan to take back the White House?
What about Florida? No? Don’t need that state either?
I’m sure you know that North Carolina just caved and certified Diebold, didn’t you? OOPS!
And California, about be railroaded by SOS McPherson into buying bad machines. That okay with you, too?

Not a penny, not one phone call, not one online electron will I give to the Democratic Party until you seriously address the fraudulent election process that caused us to lose the last election.

Get the DNC on board, get some guts and get it done.

Onward, as sincere as they come,

Sheri Leigh Myers
Election Reform Activist
Los Angeles

p.s. And just to show how sincere I am, I’m asking 1000 of my vote-loving web friends to substitute their names and fax this letter to you at the DNC, (202) 863-8174, give $$ to Fitrakis and Bonifaz and ask all their friends to do the same.

 
PLEASE fax this to the DNC, they need to take this seriously!!!
 
Posted on Democratic Underground by Tuesday_Morning

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Another Election Held and Another Election Stolen – Clint Curtis Rebuilds Prototype!!

Posted in General on September 12th, 2005

Another election held and another election stolen. In 2000 Bush stole the election by restricting the ability to vote by those people most likely to vote against him. The abuses were wide spread and the Democrats and other groups that believe in each individuals right to vote put together an impressive attempt to make sure that every individual that wanted to vote would not be turned away. Everywhere you went there was booths where new voters could register. Celebrities in commercials were urging voters to get out and vote. Poll watchers were placed in polling stations across the country to guarantee that every voter would not be turned away on any technicality.

What these well meaning groups failed to account for was that they were defending the 2000 election fixing plan and not taking into account that this election would be decided not by voters but by the rise of technology. Every one might be allowed to vote but their vote, and your vote made no difference at all. The programmers had already decided who would win and by how much.

Prior to this election I personally sent out information to the media which should have been provided to the electorate. It was not. The biggest turnout in history had no chance to win this election or any other unless the programmers of the voting machine allowed it. I believe they will allow it less and less as the machines control the elections and the Republicans control the machines.

This is not speculation. It is not a rant designed to make the losers feel better. I speak from first hand information and unless people stand up and act, democracy in this country is ended.

While employed at Wong Enterprises, Congressman Feeney had requested if Wong could write a voting program that could alter the vote and be undetectable. As the technology advisor, I explained that as long as the source code was provided and complied under supervision, code which altered the vote and was undetectable could not be built. Another problem would be that no one would trust a program that provided for no paper trail to substantiate its accuracy. When the vote was flipped the paper trail could easily detect the fraud.

This request was early in my exposure to Congressman Feeney, so I was not familiar with what a total piece of crap he truly was. My assumption was that he was worried that the other side (the Democrats) would introduce voting machines which could manipulate the vote. Mrs. Wong volunteered that we (meaning me) could put together a quick prototype that he could view and show others.

I have recreated that prototype and posted it at http://www.justaflyonthewall.com/votefraudprogram.htm . It is essentially the same code that I built for the vote fraud demo for Congressman Feeney. You will notice that by clicking on the correct hidden spots on the screen, the vote will flip so that the Republican candidate will receive fifty one percent of the vote. The hot spots make it possible to flip the vote as often as necessary yet it will never fire accidentally so as to avoid detection. My prototype was actually very simplistic. The actual sequence to flip the vote could be as complex as the programmer wished or even to operate automatically. In cases when the Republican is already leading, the vote is left as is. I built the program to demonstrate that with proper supervision that the election machines would be safe. The code would not be able to be hidden.

The next day I complete the prototype and presented it to Mrs. Wong. I stressed how the tampering could be detected. She quickly set me straight as the to true intention. Her exact words were "If we can’t hide the manipulation, we won’t get the contract the program is needed to control the south Florida vote." Another confirmation of why I needed to get a different job. I would not build something that would defraud every voter in this country. Even better, I knew that as long as the election supervisors used proper computer procedures, no one else would or could either.

What I did not anticipate was that this country would allow the placement of voting machines where the source code was not provided. The programs were pre-compiled (you have no idea what is in them or what hidden triggers exist), and where no paper trail would be required to check their accuracy. Any moron could build a voting program that could flip the vote under those circumstances and no amount of testing could discover the deception.

A reproduction of the prototype I developed at Wong for Congressman Feeney can be downloaded at http://www.justaflyonthewall.com/votefraudprogram.htm . It also includes the instructions for installing the program and manipulating the voting. Under normal circumstances it will accurately record the vote totals. By clicking on the proper hidden triggers the vote is manipulated and without a paper trail becomes altered in such a way as to be untraceable.

http://www.justaflyonthewall.com /

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No Paper Trail Left Behind: The Theft of the 2004 Presidential Election

Posted in General on August 16th, 2005

By Dennis Loo, Ph.D.
Cal Poly Pomona
ddloo@csupomona.edu

"Alice laughed: "There’s no use trying," she said; "one can’t believe impossible things." "I daresay you haven’t had much practice," said the Queen. "When I was younger, I always did it for half an hour a day. Why, sometimes I’ve believed as many as six impossible things before breakfast." (Through the Looking Glass)

In order to believe that George Bush won the November 2, 2004 presidential election, you must also believe all of the following extremely improbable or outright impossible things.

1) A big turnout and a highly energized and motivated electorate favored the GOP instead of the Democrats for the first time in history.

2) Even though first-time voters, lapsed voters (those who didn’t vote in 2000), and undecideds went for John Kerry by big margins, and Bush lost people who voted for him in the cliffhanger 2000 election, Bush still received a 3.5 million vote surplus nationally.

3) The fact that Bush far exceeded the 85% of registered Florida Republicans’ votes that he got in 2000, receiving in 2004 more than 100% of the registered Republican votes in 47 out of 67 Florida counties, 200% of registered Republicans in 15 counties, and over 300% of registered Republicans in 4 counties, merely shows Floridians’ enthusiasm for Bush. He managed to do this despite the fact that his share of the crossover votes by registered Democrats in Florida did not increase over 2000 and he lost ground among registered Independents, dropping 15 points.

4) Florida’s reporting of more presidential votes (7.59 million) than actual number of people who voted (7.35 million), a surplus of 237,522 votes, does not indicate fraud.

5) The fact that Bush got more votes than registered voters, and the fact that by stark contrast participation rates in many Democratic strongholds in Ohio and Florida fell to as low as 8%, do not indicate a rigged election.

6) Bush won re-election despite approval ratings below 50% – the first time in history this has happened. Truman has been cited as having also done this, but Truman’s polling numbers were trailing so much behind his challenger, Thomas Dewey, pollsters stopped surveying two months before the 1948 elections, thus missing the late surge of support for Truman. Unlike Truman, Bush’s support was clearly eroding on the eve of the election.

7) Harris’ last-minute polling indicating a Kerry victory was wrong (even though Harris was exactly on the mark in their 2000 election final poll).

8) The “challenger rule” – an incumbent’s final results won’t be better than his final polling – was wrong;

9) On election day the early-day voters picked up by early exit polls (showing Kerry with a wide lead) were heavily Democratic instead of the traditional pattern of early voters being mainly Republican.

10) The fact that Bush “won” Ohio by 51-48%, but this was not matched by the court-supervised hand count of the 147,400 absentee and provisional ballots in which Kerry received 54.46% of the vote doesn’t cast any suspicion upon the official tally.

11) Florida computer programmer Clinton Curtis (a life-long registered Republican) must be lying when he said in a sworn affidavit that his employers at Yang Enterprises, Inc. (YEI) and Tom Feeney (general counsel and lobbyist for YEI, GOP state legislator and Jeb Bush’s 1994 running mate for Florida Lt. Governor) asked him in 2000 to create a computer program to undetectably alter vote totals. Curtis, under the initial impression that he was creating this software in order to forestall possible fraud, handed over the program to his employer Mrs. Li Woan Yang, and was told: “You don’t understand, in order to get the contract we have to hide the manipulation in the source code. This program is needed to control the vote in south Florida.” (Boldface in original).

12) Diebold CEO Walden O’Dell’s declaration in a August 14, 2003 letter to GOP fundraisers that he was "committed to helping Ohio to deliver its electoral votes to the president next year" and the fact that Diebold is one of the three major suppliers of the electronic voting machines in Ohio and nationally, didn’t result in any fraud by Diebold.

13) There was no fraud in Cuyahoga County, Ohio where the number of recorded votes was more than 93,000 larger than the number of registered voters and where they admitted counting the votes in secret before bringing them out in public to count. [See appendix – attached herein]

14) CNN reported at 9 p.m. EST on election evening that Kerry was leading by 3 points in the national exit polls based on well over 13,000 respondents. Several hours later at 1:36 a.m. CNN reported that the exit polls, now based on a few hundred more – 13,531 respondents – were showing Bush leading by 2 points, a 5-point swing. In other words, a swing of 5 percentage points from a tiny increase in the number of respondents somehow occurred despite it being mathematically impossible.

15) Exit polls in the November 2004 Ukrainian presidential elections, paid for in part by the Bush administration, were right, but exit polls in the U.S., where exit polling was invented, were very wrong.

16) The National Election Pool’s exit polls were so far off that since their inception twenty years ago, they have never been this wrong, more wrong than statistical probability indicates is possible.

17) In every single instance where exit polls were wrong the discrepancy favored Bush, even though statistical probability tells us that any survey errors should show up in both directions. Half a century of polling and centuries of mathematics must be wrong.

18) It must be merely a stunning coincidence that exit polls were wrong only in precincts where there was no paper ballot to check against the electronic totals and right everywhere there was a paper trail.

The Emperor (and the Electoral Process) Have No Clothes

The preceding list recounts only some of the irregularities in the 2004 election since it ignores the scores of instances of voter disenfranchisement that assumed many different forms (e.g., banning black voters in Florida who had either been convicted of a felony previously or who were “inadvertently” placed on the felons list by mistake, while not banning convicted Latino felons ; providing extraordinarily few voting machines in predominately Democratic precincts in Ohio; disallowing Ohio voters, for the first time, from voting in any precinct when they were unable to find their assigned precincts to vote in; and so on). A plethora of reasons clearly exists to conclude that widespread and historic levels of fraud were committed in this election.

Indeed, any one of the above highly improbables and utterly impossibles should have led to a thorough investigation into the results. Taken as a whole, this list points overwhelmingly to fraud. The jarring strangeness of the results and the ubiquity of complaints from voters (e.g., those who voted for Kerry and then saw to their shock the machine record their votes as being for Bush), require some kind of explanation, or the legitimacy of elections and of the presidency would be imperiled.
The explanations from public officials and major media came in three forms. First, exit polls, not the official tallies, were labeled spectacularly wrong. Second, the so-called “moral values” voters expressed in the now ubiquitous “red state/blue state” formula, were offered as the underlying reason for Bush’s triumph. And third, people who brought forth any of the evidence of fraud were dismissed as “spreadsheet-wielding conspiracy theorists” while mainstream media censored the vast majority of the evidence of fraud so that most Americans to this day have never heard a fraction of what was amiss. I will discuss each of these three responses, followed by a discussion of the role of electronic voting machines in the 2002 elections that presaged the 2004 election irregularities, and then wrap up with a discussion of these events’ significance taken as a whole.

Killing the Messenger: the Exit Polls

Exit polls are the gold standard of vote count validity internationally. Since exit polls ask people as they emerge from the polling station whom they just voted for, they are not projections as are polls taken in the months, weeks or days before an election. They are not subject to faulty memory, voter capriciousness (voters voting differently than they indicated to a pollster previously), or erroneous projections about who will actually turn up to vote. Pollsters know who turned up to vote because the voters are standing there in front of the exit pollsters. Because of these characteristics, exit polls are exceptionally accurate. They are so accurate that in Germany, for example, they are used to decide elections, with the paper ballots being counted in the days afterwards as a backup check against the exit polls. Exit polls are used, for this reason, as markers of fraud.
Significant, inexplicable discrepancies between exit polls and official tallies only started showing up in the U.S. in 2000 and only in Florida (and notably, nowhere else). The discrepancy was not the exit polls’ fault, however, but in the official tallies themselves. Although the mainstream media fell on their swords about their election’s evening projections calling Florida for Gore in 2000, their projections were right. In analyses conducted by the National Opinion Research Center in Florida after the U.S. Supreme Court aborted the vote recount, Gore emerged the winner over Bush, no matter what criteria for counting votes was applied. The fact that this is not widely known constitutes itself a major untold story.
Exit polling’s validity is further affirmed by GOP pollster Dick Morris. Immediately after the 2004 election he wrote:
Exit polls are almost never wrong. They eliminate the two major potential fallacies in survey research by correctly separating actual voters from those who pretend they will cast ballots but never do and by substituting actual observation for guesswork in judging the relative turnout of different parts of the state…

To screw up one exit poll is unheard of. To miss six of them is incredible. It boggles the imagination how pollsters could be that incompetent and invites speculation that more than honest error was at play here.

Confounded and suspicious of the results, Morris resorted to advancing the bizarre theory that there must have been a conspiracy among the networks to suppress the Bush vote in the west by issuing exit poll results that were so far off from the final tallies.

A number of different statisticians have examined the 2004 election results. University of Pennsylvania statistician Steve Freeman, Ph.D., most notably, analyzed the exit polls of the swing states of Pennsylvania, Ohio and Florida and concluded that the odds of the exit polls being as far off as they were are 250 million to one. Exit polls in Florida had Kerry leading by 1.7 points and by 2.4 points in Ohio. These exit poll figures were altered at 1:30 a.m. November 3, 2004 on CNN to conform to the “official” tally. In the end, Kerry lost Florida by 5% and Ohio by 2.5%. This is a net shift of 6.7 points in Florida and 4.9 points in Ohio in Bush’s favor, well beyond the margin of error. By exit poll standards, this net shift was unbelievable.

A team at the University of California at Berkeley, headed by sociology professor Michael Hout, found a highly suspicious pattern in which Bush received 260,000 more votes in those Florida precincts that used electronic voting machines than past voting patterns would indicate compared to those precincts that used optical scan read votes where past voting patterns held.

The Edison-Mitofsky polling group that conducted the National Exit Poll (NEP) issued a 77-page report on January 19, 2005 to account for why their exit polls were so unexpectedly far off. Edison-Mitofsky rule out sampling error as the problem and indicate that systemic bias was responsible. They concluded that their exit polls were wrong because Kerry voters must have been more willing to talk to their poll workers than Bush voters and because their poll workers were too young and inexperienced. Edison-Mitofsky offer no evidence indicating that their conclusion about more chatty Kerry voters actually occurred, merely that such a scenario would explain the discrepancy. In fact, as nine statisticians who conducted an evaluation of the Edison-Mitofsky data and analysis point out, Bush voters appeared to be slightly more willing to talk to exit pollsters than Kerry voters. This would make the exit polls’ discrepancy with the official tallies even more pronounced. In addition, the Edison-Mitofsky explanation fails to explain why exit polls were only exceptionally wrong in the swing states.

Red State, Red Herring: the “Moral Values” Voters

A plausible explanation still needs to be offered for the startling 2004 election outcome – how did Bush, caught in a lie about why we went to war with Iraq, racked by prison abuse and torture scandals at Abu Graib and Guantanamo, bogged down in Iraq, failing to catch Osama Bin Laden, badly embarrassed during the debates, caught sleeping prior to 9/11, and so on, manage to win a resounding victory? Enter here the “moral values” rationale. As Katharine Q. Seelye of the New York Times wrote in a November 4, 2004 article entitled “Moral Values Cited as a Defining Issue of the Election:”
Even in a time of war and economic hardship, Americans said they were motivated to vote for President Bush on Tuesday by moral values as much as anything else, according to a survey of voters as they left their polling places. In the survey, a striking portrait of one influential group emerged – that of a traditional, church-going electorate that leans conservative on social issues and strongly backed Mr. Bush….

In the same issue, another article by Todd S. Purdum entitled “Electoral Affirmation of Shared Values Provides Bush a Majority” cited 1/5 (more precisely, 22%) of the voters as mentioning “moral values” as their chief concern. This was echoed throughout major media. The only person in the mainstream media to challenge this was New York Times columnist Frank Rich, on November 28, 2004 in an opinion piece entitled “The Great Indecency Hoax:”
The mainstream press, itself in love with the "moral values" story line and traumatized by the visual exaggerations of the red-blue map, is too cowed to challenge the likes of the American Family Association. So are politicians of both parties. It took a British publication, The Economist, to point out that the percentage of American voters citing moral and ethical values as their prime concern is actually down from 2000 (35 percent) and 1996 (40 percent).

As Rich correctly points out, no American media outlet repeated this statistic. Instead, the widely mentioned and oft-repeated “moral values” vote took on the status of an urban – or in this instance, suburban/rural – legend.

Shocked by the election results, many people took out their anger at the perceived mendacity of Bush voters, especially those in the so-called “red states.” This fury, while understandable given Bush’s record, badly misses the point. Voters did not heist this election. As others have pointed out eloquently, many of the people who really did vote for Bush did so primarily because they were misled through systematic disinformation campaigns.

“Spreadsheet wielding conspiracy theorists”

In November 2004 major U.S. media gave headline news treatment to the Ukrainian Presidential election fraud, explicitly citing the exit polls as definitive evidence of fraud. At the very same time major U.S. media dismissed anyone who pointed out this same evidence of likely fraud in the U.S. elections as “conspiracy theory” crazies. A November 11, 2004 Washington Post article, for example, described people raising the question of fraud as “mortally wounded party loyalists and … spreadsheet-wielding conspiracy theorists.” Tom Zeller, Jr. handled it similarly, writing in the November 12, 2004 issue of the New York Times (“Vote Fraud Theories, Spread by Blogs, Are Quickly Buried”): “[T]he email messages and Web postings had all the twitchy cloak-and-dagger thrust of a Hollywood blockbuster. ‘Evidence mounts that the vote may have been hacked,’ trumpeted a headline on the Web site CommonDreams.org. ‘Fraud took place in the 2004 election through electronic voting machines,’ declared BlackBoxVoting.org.”
Neither of these articles bothered to address even a fraction of the evidence of irregularities. They did, however, both dismiss the 93,000 excess votes in Cuyahoga County, Ohio as merely an error in how the votes were reported, the Washington Post article offering the strange explanation that in “even-numbered years” the county posts vote totals from other districts outside the county in the Cuyahoga totals. The Washington Post passed off the exit polls discrepancy as “not being based on statistics” since the exit polls “are not publicly distributed.” Both of these statements were untrue. The New York Times article for its part failed to even mention exit polls. Both articles explained away the glaring and unbelievable totals for Bush in hugely Democratic districts as due to the “Dixiecrat” vote. This would be plausible except for two things: first, Bush did not win over any more crossover votes in 2004 than he did in 2000, and second, these votes far in excess of Republican registered voters numbers occurred primarily in non-rural areas. In just one example of this, Baker County, Florida, out of 12,887 registered voters, of whom 69.3% were Democrats and 24.3% Republicans, Bush received 7,738 votes while Kerry only received 2,180. As Robert Parry of Consortiumnews.org points out:

Rather than a rural surge of support, Bush actually earned more than seven out of 10 new votes in the 20 largest counties in Florida. Many of these counties are either Democratic strongholds – such as Miami-Dade, Broward, and Palm Beach – or they are swing counties, such as Orange, Hillsborough, and Duval.

Many of these large counties saw substantially more newly registered Democrats than Republicans. For example, in Orange County, a swing county home to Orlando, Democrats registered twice as many new voters than Republicans in the years since 2000. In Palm Beach and Broward combined, Democrats registered 111,000 new voters compared with fewer than 20,000 new Republicans.

The only person in major media to treat these complaints seriously and at any length was Keith Olbermann at MSNBC who ran two stories on it, citing Cuyahoga County’s surplus 93,000 votes over the registered voter count, and the peculiar victories for Bush in Florida counties that were overwhelmingly Democratic scattered across the state. For his trouble, media conservatives attacked him for being a “voice of paranoia” and spreading “idiotic conspiracy theories.”

The Oh-So Loyal Opposition: the Democratic Party

An obvious question here is: why haven’t the Democrats been more vigorous in their objections to this fraud? The fact that they haven’t objected more (with a few notable individual exceptions) has been taken by some as definitive evidence that no fraud must have happened because the Democrats have the most to gain from objecting. In part the answer to this puzzle is that the Democrats don’t fully understand what has hit them. The Kerry campaign’s reaction to the Swift Boat Veterans attack ads that damaged them so much are a good illustration of this. The right-wing media hammered away at Kerry through their by now very heavy presence over talk radio, the Internet, Fox News, and other outlets. The mainstream media such as ABC, CBS, NBC, CNN and major newspapers and magazines, still adhering to the standards of “objective” journalism, which the right-wing media consider “quaint,” legitimated these false allegations about Kerry by presenting “the two sides” as if one side made up entirely of lies and half-truths could be considered a legitimate “side.” The Kerry campaign concluded that these ads were all lies and wouldn’t have any effect, thus they took too long to respond to them. By the time they did, the damage had been done. In a CBS/NY Times poll taken September 12-16, 2004, 33% said they thought that the Swift Boast Veterans’ charges against Kerry were “mostly true.” A remarkable feat given that Kerry volunteered and was multi-decorated for heroism while Bush used his father’s connections to dodge real service.

The Democrats’ meek acceptance of other races’ extremely peculiar outcomes prior to the 2004 elections illustrates this point further. As a result of the 2000 Florida debacle, Congress passed the “Help America Vote” Act in October 2002. While this act introduced a number of reasonable reforms, it also resulted in the widespread introduction of paperless electronic voting machines. This meant that there was no way to determine if the votes recorded by these computers were accurate and tamper-free. Efforts subsequently by a few Democratic Congresspeople, led by Michigan Rep. John Conyers, to rectify this and ensure a paper ballot, have been blocked by the GOP majority.

The following is a partial list of 2002 discrepancies that can be understood as dress rehearsals for the stolen presidential election of 2004:

On Nov. 3, 2002, the Atlanta Journal-Constitution poll showed Democratic Sen. Max Cleland with a 49-to-44 point lead over Republican Rep. Saxby Chambliss. The next day, Chambliss, despite trailing by 5 points, ended up winning by a margin of 53 to 46 percent. This was, in other words, an unbelievable 12-point turn around over the course of one day!
In the Georgia governor’s race Republican Sonny Perdue upset incumbent Democratic Gov. Roy Barnes by a margin of 52 to 45 percent. This was especially strange given that the October 16-17, 2002 Mason Dixon Poll (Mason Dixon Polling and Research, Inc. of Washington, D.C.) had shown Democratic Governor Barnes ahead 48 to 39 percent, with a margin of error of ± 4 points. The final tally was, in other words, a jaw dropping 16-point turn-around! What the Cleland “defeat” by Saxby and the Barnes “defeat” by Perdue both have in common is that nearly all the Georgia votes were recorded on computerized voting machines, which produce no paper trail.

In Minnesota, after Democrat Sen. Paul Wellstone’s plane crash death, ex-vice-president Walter Mondale took Wellstone’s place and was leading Republican Norm Coleman in the days before the election by 47 to 39 percent. Despite the fact that he was trailing just days before the race by 8 points, Coleman beat Mondale by 50 to 47 percent. This was an 11-point turn around! The Minnesota race was also conducted on electronic voting machines with no paper trail.

Welcome to a world where statistical probability and normal arithmetic no longer apply! The Democrats, rather than vigorously pursuing these patently obvious signs of election fraud in 2004, have nearly all decided that being gracious losers is better than being winners, probably because – and this may be the most important reason for the Democrat’s relative silence – a full-scale uncovering of the fraud runs the risk of mobilizing and unleashing popular forces that the Democrats find just as threatening as the GOP does.
The delicious irony for the GOP is that the Help America Vote Act, precipitated by their theft of the Florida 2000 presidential vote, made GOP theft of elections as in the preceding examples easy and unverifiable except through recourse to indirect analysis such as pre-election polls and exit polls. This is the political equivalent of having your cake and eating it too. Or, more precisely: stealing elections, running the country, and aggressively, arrogantly and falsely claiming that “the people” support it.

Flavor Flav of the rap group Public Enemy used to wear a big clock around his neck in order to reminder us all that we’d better understand what time it is. Or, as Bob Dylan once said: “Let us not speak falsely now, the hour’s getting late.” To all of those who said before the 2004 elections that this was the most important election in our lifetimes; to all of those who plunged into that election hoping and believing that we could throw the villains out via the electoral booth; to all of those who held their noses and voted for Democrats thinking that at least they were slightly better than the theocratic fascists running this country now, this must be said: VOTING REALLY DOESN’T MATTER. If we weren’t convinced of that before these last elections, then now is the time to wake up to that fact. Even beyond the fraudulent elections of 2000 and 2004, public policies are not now, nor have they ever been, settled through elections.

The Role of Mass Movements and Alternative Media

What can be done? The Eugene McCarthy campaign of 1968 and the George McGovern campaign in 1972 didn’t end the war in Vietnam. The Vietnamese people and the anti-war movement ended the war. Civil rights weren’t secured because JFK and LBJ suddenly woke up to racial discrimination. The Civil Rights Movement and Black Power Movement galvanized public opinion and rocked this country to its foundations. Men didn’t suddenly wake up and realize that they were male chauvinist pigs – women formed the Women’s Movement, organized, marched, rallied, and demanded nothing less than equality, shaking this country to the core. The Bush administration is bogged down and sinking deeper in Iraq not mainly because the top figures of the Bush administration consist of liars, blind (and incompetent) ideologues, international outlaws and propagators of torture as an official policy, but because the Iraqi people have risen up against imperialist invasion. Prior to the war, the international anti-Iraq war movement brought out millions of people into the streets, the largest demonstrations in history, denying the U.S. imperialists the UN’s sanction and leading to Turkey denying US requests to use their land as a staging area. These are major, world-historic feats.

The 2000, 2002 and 2004 elections fraud underscores the critical importance of building a mass movement, a movement of resistance that doesn’t tie itself to the electoral road and electoral parties. In addition, as Robert Parry has eloquently argued, a counterforce to the right-wing media empire must be built by the left and by progressive-minded people. As it stands today, the right can get away with nearly anything because they have talking heads on TV, radio, the Internet and other outlets who set the tone and the political agenda, with mainstream media focusing on sex and sensationalism and taking their political cues to a large extent from the right.

Like a bridge broken by an earthquake, the electoral road can only lead to plunging us into the sea – which is precisely what happened in the 2004 election.

FOOTNOTES:

1. Several of the items in this list feature Ohio and Florida because going into the election it was universally understood that the outcome hinged on these swing states.

‘TruthIsAll’ on the DemocraticUnderground.com offered a list that is similar in format to my highly improbables and utterly impossibles list of the 2004 election results and I have drawn directly from their list for items #7 and 8. (http://www.democraticunderground.com/discuss/duboard.php?az=view_all &address=203×22581), retrieved June 4, 2005.

2. High turnout favors Democrats and more liberal-left candidates because the groups who participate the least and most sporadically in voting are from lower socio-economic groups who generally eschew more conservative candidates.

3. Seventeen percent of election 2004 voters did not vote in 2000. This includes both first-time and lapsed voters. Kerry defeated Bush in this group 54 percent to 45 percent. (Katharine Q. Seelye, "Moral Values Cited as a Defining Issue of the Election," The New York Times, November 4, 2004). This data contradicts the widely held belief that Bush owes his victory to mobilizing conservative evangelicals and getting out the Republican base.

4. Gore carried the 2000 Florida Independent vote by only 47 to 46 percent whereas Kerry carried them by a 57 percent to 41 percent margin. In 2000 Bush received 13% of the registered Democratic voters votes and in 2004 he got the virtually statistically identical 14% of their votes. Sam Parry, "Bush’s ‘Incredible’ Vote Tallies," Consortiumnews.com, November 9, 2004.

See also Colin Shea’s analysis: "In one county, where 88% of voters are registered Democrats, Bush got nearly two-thirds of the vote–three times more than predicted by my model. In 21 counties, more than 50% of Democrats would have to have defected to Bush to account for the county result; in four counties at least 70% would have been required. These results are absurdly unlikely." http://www.freezerbox.com/archive/article.asp?id=321

5. "[C]ertified reports from pro-Kerry Cleveland, in Cuyahoga County, [showed] Å  precincts with turnouts of as few as 22.31 percent (precinct 6B), 21.43 percent (13O), 20.07 percent (13F), 14.59 percent (13D), and 7.85 percent (6C) of the registered voters. Thousands of people in these precincts lined up for many hours in the rain in order, it would appear, not to vote.

"Meanwhile, in pro-Bush Perry County, the voting records certified by Secretary of State Blackwell included two precincts with reported turnouts of 124.4 and 124.0 percent of the registered voters, while in pro-Bush Miami County, there were precincts whose certified turnouts, if not physically impossible, were only slightly less improbable. These and other instances of implausibly high turnouts in precincts won by Bush, and implausibly low turnouts in precincts won by Kerry, are strongly suggestive of widespread tampering with the vote-tabulation processes." Michael Keefe, "The Strange Death of American Democracy: Endgame in Ohio," http://globalresearch.ca/articles/KEE501A.html , retrieved May 31, 2005.

6. "Bush’s job approval has slipped to 48% among national adults and is thus below the symbolically important 50% point." "Questions and Answers With the Editor in Chief, Frank Newport, Editor in Chief, The Gallup Poll, November 2, 2004, http://www.gallup.com/poll/content/?ci=13948&pg=1, retrieved on May 27, 2005.

As Newport further notes, referring to the final Oct. 29-31, 2004 CNN/USA Today /Gallup poll, "Among all national adults, 49% now choose Kerry as the candidate best able to handle Iraq, while 47% choose Bush. This marks a significant pickup on this measure for Kerry, who was down nine points to Bush last week. In fact, Kerry has lost out to Bush on this measure in every poll conducted since the Democratic convention."

"Bush’s margin over Kerry as the candidate best able to handle terrorism is now seven points. 51% of Americans choose Bush and 44% choose Kerry. This again marks a significant change. Last week, Bush had an 18-point margin over Kerry, and the 7-point advantage is the lowest yet for Bush." In other words, momentum was on Kerry’s side, with Bush losing 9 points of support on Iraq and 11 points on handling terrorism over the course of one week! This was hardly a sign of someone about to win by 3.5 million votes.

7. http://www.harrisinteractive.com/harris_poll/index.asp?PID=515 , dated November 2, 2004, retrieved on June 1, 2005: " Both surveys suggest that Kerry has been making some gains over the course of the past few days (see Harris Polls #83 http://www.harrisinteractive.com/harris_poll/index.asp?PID=512 , and #78 http://www.harrisinteractive.com/harris_poll/index.asp?PID=507 ). If this trend is real, then Kerry may actually do better than these numbers suggest. In the past, presidential challengers tend to do better against an incumbent President among the undecided voters during the last three days of the elections, and that appears to be the case here. The reason: undecided voters are more often voters who dislike the President but do not know the challenger well enough to make a decision. When they decide, they frequently split 2:1 to 4:1 for the challenger." For Harris’ last minute poll results before the 2000 election, see http://www.harrisinteractive.com/harris_poll/index.asp?PID=130 , dated November 6, 2000 in which they call the election between Bush and Gore too lose to call and predict that the result will depend upon the turnout.

8. As Gallup explains, challengers tend to get the votes of those saying they are undecided on the eve of an election: "[B]ased on an analysis of previous presidential and other electionsÅ  there is a high probability that the challenger (in an incumbent race) will receive a higher percentage of the popular vote than he did in the last pre-election poll, while there is a high probability that the incumbent will maintain his share of the vote without any increase. This has been dubbed the ‘challenger rule.’ There are various explanations for why this may occur, including the theory that any voter who maintains that he or she is undecided about voting for a well-known incumbent this late in the game is probably leaning toward voting for the challenger." "Questions and Answers With the Editor in Chief, Frank Newport, Editor in Chief, The Gallup Poll, November 2, 2004, http://www.gallup.com/poll/content/?ci=13948&pg=1, retrieved on May 27, 2005. See also footnote 7 herein.

9. Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman, "Ohio’s Official Non-Recount Ends amidst New Evidence of Fraud, Theft and Judicial Contempt Mirrored in New Mexico, The Columbus Free Press
31 December 31, 2004, at http://www.freepress.org/departments/display/19/2004/1057 , retrieved June 6, 2005.

10. Curtis states in his affidavit that he met in the fall of 2000 with the principals of Yang Enterprises, Inc., – Li Woan Yang., Mike Cohen, and Tom Feeney (chief counsel and lobbyist for YEI). Feeney became Florida’s House Speaker a month after meeting with Curtis. Curtis says that he initially thought he was being asked to make such a program in order to prevent voter fraud. Upon creating the program and presenting it to Yang, he discovered that they were interested in committing fraud, not preventing it. Curtis goes on to say: "She stated that she would hand in what I had produced to Feeney and left the room with the software." As the police would say, what we have here is motive and opportunity – and an abundance of evidence of criminal fraud in the Florida vote, together with Feeney’s intimate connection to Jeb Bush. Curtis, on the other hand, as a life-long registered Republican – as of these events at least – has no discernible motive to come forward with these allegations, and only shows courage for the risk to himself by doing so. For his full affidavit, see http://fairnessbybeckerman.blogspot.com/2004/12/affidavit-of-vote-fra ud-software.html#110243131597922449 , retrieved June 1, 2005.

11. Michael Keefer, "Footprints of Electoral Fraud: The November 2 Exit Poll Scam," http://www.glorbalresearch.ca/articles/KEE411A.html, retrieved May 31, 2005.

12. In the Ukraine, as a result of the exit polls’ variance from the official tally, they had a revote. In the U.S., despite the exit polls varying widely from the official tally, we had an inauguration!

13. The NEP was a consortium of news organizations that contracted Edison Media Research and Mitofsky International to conduct the national and state exit polls. Warren Mitofsky created exit polling.

14. While blacks went to Kerry by 90 to 10, Latino voters were much more likely to vote for Bush.

15. I owe this example to Steven Freeman, "The Unexplained Exit Poll Discrepancy," November 10, 2004, election04.ssrc.org/research/ 11_10, unexplained_ exit- poll.pdf.

16. "So reliable are the surveys that actually tap voters as they leave the polling places that they are used as guides to the relative honesty of elections in Third World countries. When I worked on Vicente Fox’s campaign in Mexico, for example, I was so fearful that the governing PRI would steal the election that I had the campaign commission two U.S. firms to conduct exit polls to be released immediately after the polls closed to foreclose the possibility of finagling with the returns. When the [exit] polls announced a seven-point Fox victory, mobs thronged the streets in a joyous celebration within minutes that made fraud in the actual counting impossible." GOP consultant and pollster Dick Morris, "Those Exit Polls Were Sabotage," http://www.thehill.com/morris/110404.aspx , dated November 4, 2004, retrieved June 4, 2005.

17. "Gore Won Florida," http://archive.democrats.com/display.cfm?id=181, retrieved May 28, 2005.

18. Dick Morris, "Those Exit Polls Were Sabotage," http://www.thehill.com/morris/110404.aspx , dated November 4, 2004, retrieved June 4, 2005.

19. Steven Freeman, "The Unexplained Exit Poll Discrepancy," November 10, 2004, election04.ssrc.org/research/ 11_10, unexplained_ exit- poll.pdf.

20. Ian Hoffman, "Berkeley: President Comes Up Short," The Tri-Valley Herald , November 19, 2004. The Berkeley report itself is at http://www.yuricareport.com/ElectionAftermath04/ , retrieved June 7, 2005.

21. Evaluation of the Edison/Mitofsky Election System 2004 prepared by Edison Media Research and Mitofsky International for the National Election Pool (MEP), January 19, 2005, http://www.exit-poll.net/faq.html, retrieved April 2, 2005.

MSNBC publicized this report (inaccurately) under the headline "Exit Polls Prove That Bush Won." (Steve Freeman and Josh Mitteldorf, "A Corrupted Election: Despite what you may have heard, the exit polls were right," February 15, 2005, In These Times ,
www.inthesetimes.com/site/main/article/1970/ , retrieved April 4, 2005.

22. Warren Mitteldorf, Ph.D., Temple University Statistics Department; Kathy Dopp, MS in mathematics, USCountVotes President; Steven Freeman, Ph.D., University of Pennsylvania; Brian Joiner, Ph.D. Professor of Statistics and Director of Statistical Consulting (ret.), University of Pennsylvania; Frank Stenger, Ph.D., Professor of Numerical Analysis, University of Utah; Richard Sheehan, Ph.D. Professor of Finance, University of Notre Dame; Paul Velleman, Ph.D. Assoc. Professor, Dept. of Statistical Sciences, Cornell University; Victoria Lovegren, Ph.D., Lecturer, Dept. of Mathematics, Case Western University; Campbell B. Read, Ph.D., Professor Emeritus, Dept. of Statistical Science, Southern Methodist University. http://uscountvotes.org/ucvAnalysis/US/USCountVotes Re Mitofsky-Edison.pdf.

23. An alternative theory which was advanced by a few was that fears about terrorism and the ongoing war in Iraq made many reluctant to kick out a sitting president. This theory has the benefit, at least, of having some evidence. However, while it explained why so many ignored the fact that WMD was never found in Iraq, the given rationale for launching war on a country that had not attacked us, and a host of other scandals such as torture and murder at Abu Graib, and why Bush did manage to receive a lot of votes, it didn’t explain why he won by a 3.5 million margin

24. The Economist, The triumph of the religious right, November 11, 2004 http://www.economist.com/printedition/displayStory.cfm?Story_ID=33755 43, retrieved April 5, 2005.

25. See, for example, ex-conservative David Brock’s The Republican Noise Machine: Right-Wing Media and How It Corrupts Democracy and Robert F. Kennedy, Jr., "How Washington Poisoned the News, Vanity Fair , May 2005.

26. Manuel Roig-Franzia and Dan Keating, "Latest Conspiracy Theory — Kerry Won — Hits the Ether, " Washington Post, November 11, 2004, A-02, reprinted at http://www.washingtonpost.com/wp-dyn/articles/A41106-2004Nov10.html, retrieved June 7, 2005

27. Available in its entirety at http://www.yuricareport.com/ElectionAftermath04/VoteFraudTheoriesNixe d.html , retrieved June 6, 2005.

28. Greg Guma, "Election 2004: Lingering Suspicions," United Press International, November 15, 2004, http://www.upi.com/view.cfm?StoryID=20041112-010916-6128r, retrieved June 7, 2005.

29. Robert Parry, "Washington Post’s Sloppy Analysis," consortiumnews.com, November 12, 2004 at http://www.consortiumnews.com/2004/111204.html , retrieved June 7, 2005.

30. "Liberty County – Bristol, Florida and environs – where it’s 88 percent Democrats, 8 percent Republicans) but produced landslides for President Bush. On Countdown, we cited the five biggest surprises (Liberty ended Bush: 1,927; Kerry: 1,070), but did not mention the other 24." at http://www.truthout.org/docs_04/111004B.shtml#1, retrieved June 7, 2005. See also David Swanson , "Media Whites Out Vote Fraud," January 3, 2005: http://www.truthout.org/docs_05/010405Y.shtml for a good summary of this media white out.

31. Media Matters for America, "Conservatives rail against MSNBC’s Olbermann for reporting election irregularities," http://mediamatters.org/items/2004111600006 , retrieved June 7, 2005.

32. The Fairness Doctrine governed broadcasters from 1949 to 1987. It required broadcasters, as a condition for having their FCC license, to provide balanced views on controversial questions. The elimination of the Fairness Doctrine was successfully lobbied for by well-heeled conservative groups during the Reagan administration and paved the way for the creation of a right wing media empire that operates free of any need to provide opposing viewpoints to their own.

33. LexisNexis Academic database, Accession No. 1605983, Question No. 276, number of respondents 1,287, national telephone poll of adults.

34. Wellstone voted against the authorization to go to war on Iraq requested by the second Bush administration.

35. I owe this summary to "The Theft of Your Vote Is Just a Chip Away," Thom Hartmann, AlterNet. Posted July 30, 2003, retrieved February 8, 2005: http://www.alternet.org/story/16474 .

Chuck Hagel’s story is worth mentioning here as well. As former conservative radio talk show host and current Senator from Nebraska Chuck Hagel (who is seriously considering a run for the White House) demonstrated back in 1996, being the head of the company that supplies the voting machines used by about 80% of the voters in Nebraska does not hurt you when you want to be the first Republican in 24 years to win a Senate seat in Nebraska. The fact that Hagel pulled off the biggest upset in the country in the 1996 elections by defeating an incumbent Democratic governor, that he did so through winning every demographic group, including mainly black areas that had never voted Republican before, might have nothing to do with the paperless trail generated by the electronic voting machines his company provides, installs, programs and largely runs. But then again, maybe it does have something to do with his stunning and totally unexpected victories (Thom Hartmann, "If You Want to Win An Election, Just Control the Voting Machines," January 31, 2003, http://www.commondreams.org/views03/0131-01.htm , retrieved April 10, 2005).

36. This is in keeping with Lewis Carroll’s Red Queen’s logic. The Bush White House sees itself as part of the "faith-based community," consciously rejecting empirical reality and inconvenient facts, considering these to be the province of what it calls the "reality-based community." As New York Times journalist Ron Suskind chillingly recounts: "In the summer of 2002 Å I had a meeting with a senior adviser to Bush. The aide said that guys like me were ‘in what we call the reality-based community,’ which he defined as people who ‘believe that solutions emerge from your judicious study of discernible reality.’ I nodded and murmured something about enlightenment principles and empiricism. He cut me off. ‘That’s not the way the world really works anymore,’ he continued. ‘We’re an empire now, and when we act, we create our own reality. And while you’re studying that reality — judiciously, as you will — we’ll act again, creating other new realities, which you can study too, and that’s how things will sort out. We’re history’s actors . . . and you, all of you, will be left to just study what we do.”’ (Ron Suskind, "Without a Doubt," the New York Times Magazine , October 17, 2004.)

37. By contrast, the GOP has decided that being "sore winners," as John Powers so aptly puts it in his book Sore Winners (and the Rest of Us) in George Bush’s America , beats the hell out of being gracious losers.

38. Republican National Committee Chair Ed Gillespie, in remarks to the National Press Club on November 4, 2004, took the next logical step, calling for the elimination of exit polls on the grounds that the 2000, 2002 and 2004 exit polls showed the Republican candidates losing. See http://www.buzzflash.com/analysis/04/11/ana04027.html , retrieved June 11, 2005.

39. Robert Parry, "Solving the Media Puzzle," May 15, 2005, http://www.consortiumnews.com/2005/051305.html , retrieved June 7, 2005.

 

For a listing of current censored news stories see http://www.projectcensored.org/

 

Project Censored – Sonoma State University
1801 East Cotati Ave., Rohnert Park, CA 94928
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Pastor: “I don’t need to know how the machines were hacked” (EAH report)

Posted in General on July 10th, 2005

MEDIA CONSPICUOUSLY ABSENT FROM HOUSTON ELECTION ASSESSMENT HEARING

Citizens must once again “BE THE MEDIA” to spread the truth!
by Vickie Karp, Black Box Voting/Coalition for Visible Ballots

Once again, the Fourth Estate has failed the American public: the press, as well as mainstream media in general, failed to show up to cover an historic hearing on the REAL, DOCUMENTED facts about election fraud in November 2004 which were presented at a citizens’ organized hearing in Houston last Wednesday, June 29th. The hearing was held one day before the James Baker/Jimmy Carter Federal Election Reform Commission hearing, which election reform groups agree has successfully avoided confronting the truth about election fraud in this country to this date.

The exceptions were two local KPFT radio journalists, Pokey Anderson and Lisa Cohen, and one Houston IndyMedia representative Lorie Kramer. Otherwise, no media deemed it important enough to cover the amazing evidence put forward by technical experts, journalists, attorneys, and citizens from across the country that could leave no doubt that the Presidential election of 2004 was stolen.

The event was organized by Houstonian Kip Humphrey and his wife Carol who have refused to “just get over ” the results of last year’s election. Kip has been active in election reform since studying the Hart InterCivic machines used in Harris County (Houston) and watching as his son cast his first vote on what Humphrey believes to have been a compromised voting system. Kip discovered a machine exploit designed to deny John Kerry untold numbers of votes, documented reports of which he found in every county in the country where Hart Intercivic eSlate voting machines were placed. Voters attempting to cast a straight Democratic ticket ("Vote Democratic Slate" option) reported that the machine failed to register a vote for John Kerry, sometimes registering a vote for George Bush, sometimes a vote for a third party, sometime registering no vote for president at all.

When he voted, Kip tested for this exploit and found that the machine exploit capitalized on voter impatience. When initially voting, the machine’s scroll wheel was calibrated to 17 rotations to scroll down the ballot. In reviewing the ballot prior to casting a vote, the ballot opened at the very bottom with the scroll wheel calibrated to take 25 turns to scroll to the very top of the ballot where the incorrect vote for president could be found. Furthermore, registering a vote for president required correcting the vote twice, scrolling through the entire ballot each time before confirming a vote was registered for Kerry. Humphrey refuses to stand by, do nothing, and let his children inherit a corrupt voting system. This is the third major election reform event he and Carol have organized. The first was the “51 Capital March” of December 12th last year, which resulted in 41 states holding protest rallies at their capitals, denouncing the results of November’s election and petitioning state electors to demand an investigation of the 2004 vote. Largely unknown to the public, for the first time in US history, 4 slates of state electors passed such resolutions. Kip opened the Hearing.

The Election Assessment Hearing had the format of a Congressional hearing. Expert presenters gave testimony from a table facing the stage, where panelists sat to receive the information. The panel consisted of: Larry English, Hearing Chairperson and president of INFORMATION IMPACT. English is a renowned authority on information quality processes; Marybeth Kuznik, a 15 year poll worker from Pennsylvania; Eve Roberson, a retired elections supervisor from Santa Rosa, California; Seth Johnson, information quality improvement specialist from New York (and Hearing Vice-Chairperson); and Tom Oswald, a civil and commercial mediator from Ohio. The venue was the Garden Center at Hermann Park. As Hearing Chair Larry English noted in his opening remarks, this was the first time our election process has been reviewed by true information quality management principles.

The hearing was multi-purpose: to illuminate critical information about November’s election which had not yet been addressed by the Baker/Carter Commission; to assimilate a written record of testimony given by experts that day to present to the Baker/Carter Commission at their meeting the following day; and to compile a CD of this data along with other relevant election data submitted by experts who were not able to attend the day’s event. The CD will be sent to Secretaries of State nationwide, to aid them in their critical decisions regarding the purchase of election systems. The states have been put under pressure by a January 1st, 2006 deadline set forth by the so-called “Help America Vote Act”, which promises significant federal funds to the states in exchange for their upgrading voting equipment.

Many believe that HAVA, in its demand for voting systems that will allow the disabled a private vote, has provided a careless rush on the part of the states to purchase paperless electronic voting systems. Such systems received a severe critique at the Hearing by researcher and journalist Bev Harris of Black Box Voting, who has successfully executed numerous hacks on such systems which all resulted in the “flipping” of elections from one candidate to another in a matter of 60 seconds or less and completely without detection. More on that to follow.

The Hearing brought forth a wealth of information that the general public would probably find shocking, given the massive “blackout” of media coverage on vote fraud. Just a few highlights from some of the speakers:

Bob Fitrakis began his testimony citing case after case of voter disenfranchisement and illegal behavior by election workers in Ohio. Fitrakis holds a Ph.D in Political Science and a J.D. from Ohio State University; is a political science professor at Columbus State Community College, and the editor of the Free Press and freepress.org. He was one of the four attorneys in the Moss v. Bush case that challenged the Ohio election results. He served as an Election Protection Legal Advisor for two wards in the city of Columbus on November 2, 2004, and has recently edited a book entitled, “Did George W. Bush Steal America’s 2004 Election? Essential Documents”.

Among some of the startling data he presented: an estimated 34,000 former felons in Ohio were given incorrect information by public officials regarding voting; (Ohio re-enfranchises felons once they have served their time.) Secretary of State Kenneth Blackwell issued a ruling that any voter registration on anything but 80 bond cardboard stock would be invalid (ruling later reversed due to public outcry); absurd design of absentee and provisional ballots, leading to many accidental votes for Bush; private parties processing voter registration; 3 ½ hour waits to vote, frequently in the wrong line, which led to many voters leaving due to time constraints; arbitrary and last-minute switching of polling places; threats of arrest to international voting observers; pre-punched ballots (votes pre-cast for Bush); double counting of absentee ballots. This is just a partial sampling of the documented data presented by Fitrakis to this Hearing panel.

Reverend Bill Moss of Ohio, the lead litigant in the now famous “Moss vs. Bush” lawsuit which attempted to overturn the results of the Ohio presidential election, testified to the panel about voter discrimination experienced by his family, as well as many others, in Ohio in November. “A great crime has been committed against the American people,” Moss stated in his testimony, “and it’s not enough to say that we will prevent this from re-occurring. We must address the cause of the crime”. Moss decried the lack of sufficient voting machines in minority districts, rampant “dirty tricks” committed by election officials in Franklin County, Ohio, and described his surprise upon seeing the five squad cars parked conspicuously at his polling place. He wondered: “Why are the police here? Who are they here to protect?” The only logical answer was that police were there to intimidate voters in his primarily minority district. Moss added that democracy is more at risk today because of election fraud than at any other point in his lifetime.

Dr. Richard Hayes Phillips, retired college professor from New York, and twice a recognized expert in federal proceedings, had analyzed 2004 election results at the precinct level in fifteen Ohio counties. He was a leading statistician in the Moss v. Bush lawsuit. In his Hearing testimony, Phillips identified three major problems with the Ohio election: voter suppression; votes cast but not counted; and alteration of the vote count. He gave excellent examples from each category.

Echoing some of Fitrakis’s examples of voter suppression, he also added: long-time residents removed from the voting polls; broken voting machines (“they’ve been like this all day!”…poll workers said polling stations running out of ballots and turning people away; voters sent back and forth between polling places; long lines not designated by precinct causing people to wait for hours in the wrong line.

Statewide, there were 35,000 provisional ballots and over 92,000 regular ballots that were not counted as votes for president. Most of these are punch card ballots, and are highly concentrated in precincts that voted overwhelmingly for Kerry by margins of: 12 to 1 in Cleveland, 7 to 1 in Dayton, 5 to 1 in Cincinnati,, 4.5 to 1 in Akron, etc. Phillips says, “This cries out for an examination of the uncounted ballots and the machines that failed to count them.”

Quoting Phillips: “In Miami County, after 100% of the precincts had reported, more than 18,000 votes were added to the totals.” “In Mahoning County, the Board of Elections reported that 20 to 30 touch screen machines had to be recalibrated because votes were being counted for the wrong candidates. Voters had to scroll through as many as FIVE TIMES before their choice for president was registered. In some precincts, machines failed to record votes for Kerry and defaulted to no choice at all. In other precincts, touch screens were programmed to default to Bush unless the voter successfully overrode the default choice.” All of this led to his pushing for a criminal investigation into the Ohio election, something that is yet to occur.

Dr. Phillips’ closing remark was notable: “It is my professional opinion, having exhaustively examined the available evidence, that the 2004 presidential election was stolen.”

Bev Harris of Black Box Voting gave detailed and expert testimony, some of the most shocking of the day related to electronic voting. She first gave a brief history of her accidental discovery in 2003 of the Diebold company’s election software on the internet (the second largest voting machine vendor in the country) while researching for her book, “Black Box Voting: Ballot Tampering in the 21st Century”. After downloading and studying the software along with computer programming experts, “stunning security flaws” were discovered which she called “a virtual handbook on how to tamper with an election using this software”.

Since that time Harris has pushed forward an aggressive agenda of vote fraud research, unveiling that a felon with a four year prison record named Jeffrey Dean was the senior programmer for Global Election System which was later purchased by Diebold, and was kept on there as a consultant; demonstrated along with several world class computer programmers and security engineers at two Washington D.C. press conferences last fall six different hacks possible to “flip” election results on both Diebold and Sequoia machines; sent out over 3000 “Freedom of Information Act” (FOIA) requests to every county in American requesting election records for November’s elections; was handed fake precinct totals by election officials in Volusia County, Florida and then discovered the real totals in a garbage bag outside the building; and also sued Theresa LePore, then-election supervisor of Palm Beach County, for failure to provide the requested “FOIA” requested election documents.

More recently, Harris was invited by Ion Sancho, Election Supervisor from Leon County, Florida, to attempt hacks on real election equipment using Diebold systems. Sancho wanted to see if his Diebold system was as secure as the state officials and Diebold company claimed. Harris invited two world-class computer programmers and security engineers, Dr. Herbert Thompson, of Florida, and Dr. Harri Hursti of Finland to execute the attempts. Within 90 seconds they had broken into the system and changed the vote totals any way they wanted. Harris claims, “The architecture of the Diebold Optical Scan voting system inherently supports the alteration of results,” and added Hursti’s remark: “If you liken the security of this system to a house with a door, this is like a house with an unlockable revolving door”, and called it a voting system designed for “flexibility, not security”. The programmers executed three separate “rigs” in less than five minutes; wrote their own program and fed it into the machine. The number of exploits possible with this design is “staggering”, said Harris.

Harris called into question U.S. computer programmers who have been studying this software for the past few years, asking, “Who knew about this, and when did they know it?” …and, “What did election systems certifiers know, and when did they know it?” Paul Craft, a Florida state election systems certifier, has already admitted when asked that he knew of the above stated flaws in Diebold software, and told no one.

Harris concluded her shocking testimony with the statement that, “Without 100% hand-counted paper ballots, you’ll never find the hack”. Elections held with paper ballots, hand-counted would have approximately four to five “attack vectors”, according to Harris, while any election held with electronic voting equipment has as many as 50 or 60.

When asked by a panelist, “Is there any way you believe this software could be repaired, or printers added, that would give it security and integrity?” her answer was a definitive “NO!”.

Lynn Landes is one of the nation’s leading journalists on the subject of voting security. She is and has been for years an ardent supporter of PAPER ONLY/NO MACHINES/NO ABSENTEE ELECTIONS. She has filed two federal lawsuits challenging the use of voting machines and absentee voting in elections for public office. Lynn’s articles and research can be seen at her website www.EcoTalk.org .

In her testimony, Landes stated that transparency is the most critical feature that should be demanded in the election process. In her research, she has found problem incidents with electronic voting that go back as far as the ’80’s. She stated that voting should be a public process, and that instead our own country has made voting a “privatized, mechanized system, a clandestine back-room process.”

Once considered a radical even among voting activists for her stand on “paper ballots ONLY”, Landes noted that this position is now gaining popular support. “PAPER BALLOTS, HAND-COUNTED ON ELECTION NIGHT—it’ll take about 12 hours. It is not rocket science, and it’s not expensive!” she declared. “This is the only option we have left that is transparent”, citing the total lack of integrity in our current voting systems.

Hearing participants and audience noted with interest that three newcomers appeared around 2pm who were later introduced as Robert Pastor, the Executive Director of the Carter/Baker Commission, and two other Commission senior staff members, Kay Stimpson and John Williams. Pastor requested a summary of events up to that point in the Hearing, which was almost laughable to several of us, as it would be akin to trying to summarize “War and Peace” in 60 seconds or less. Nonetheless, Co-Chair Seth Johnson did a commendable job of doing just that. Pastor requested and was granted a few minutes to make some remarks.

He made an attempt to create common ground by giving his own background in voting rights and election reform work, crediting himself as being one of the creators of the Help America Vote Act, (Thank you?!) and stated that “the most important element is that we are trying to improve our voting systems”.

Upon the conclusion of Pastor’s somewhat predictable, though amiable remarks, Chairperson Larry English asked the audience if there were any questions. When Lynn Landes, Bev Harris, Robert Hayes Phillips, and others lined up at the side of the room, the rest of us had an idea about what was about to ensue. As for Pastor, he appeared clueless. But he soon took on a “deer in the headlights” look as the questions began: He could not aptly answer Landes’ question about why major voting machine vendors’ ties to the Republican party had not been addressed by his commission; when asked by Harris why she and her team who had executed hacks on the voting systems had not been invited to testify, his response was “I don’t need to know how the machines were hacked,”; when Phillips stated his qualifications and his analytical conclusion that the election was stolen, and asked if he was going to be invited to testify before the Baker Carter Commission, and if not, why not, Pastor’s response was “We don’t need such detailed information. We are trying to keep our focus on more generic issues.”

Such was our comic relief for the day. But don’t expect to see any of this on mainstream media. It’s just not important enough!

Many thanks to all the organizers, our many wonderful presenters, and panelists. JOB WELL DONE!

Posted by Amaryllis on Democratic Underground 

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Introduction: Did George W. Bush steal America’s 2004 election?

Posted in General on June 23rd, 2005

Introduction: Did George W. Bush steal America’s 2004 election?
by Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
June 16, 2005

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

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 U.S. 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 U.S. 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 U.S. 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 U.S. history.

Brought forth by U.S. 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 U.S. elections into question.

In a highly publicized controversy, Diebold principle 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. U.S. 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 www.FreePress.org. The Free Press articles were in turn picked up by www.CommonDreams.org, www.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 U.S. 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 www.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 firebell 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.

Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
Columbus, Ohio
May 2005
Buy the book today!

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