Think the 2006 Mid-Terms were clean? Think again…

Posted in '06 Election, Brad Blog, General, Greg Palast on November 8th, 2006

Now is certainly not the time to give up, or even back down the slightest bit in the election reform movement.  This seemingly landslide victory by the Democrats would have been even larger had it not been for dirty tricks and suppression on the part of Republicans.

Greg Palast’s “HOW THEY STOLE THE MID-TERM ELECTION” states, “Two million legitimate voters will be turned away because of wrongly rejected or purged registrations. Add another one million voters challenged and turned away for ‘improper ID.’ Then add yet another million for Democratic votes ‘spoiled’ by busted black boxes and by bad ballots. And let’s not forget to include the one million ‘provisional’ ballots which will never get counted. Based on the experience of 2004, we know that, overwhelmingly, minority voters are the ones shunted to these baloney ballots. And there’s one more group of votes that won’t be counted: absentee ballots challenged and discarded. Elections Assistance Agency data tell us a half million of these absentee votes will go down the drain. Driving this massive suppression of the vote are sophisticated challenge operations. And here I must note that the Democrats have no national challenge campaign. That’s morally laudable; electorally suicidal. Add it all up — all those Democratic-leaning votes rejected, barred and spoiled — and the Republican Party begins Election Day with a 4.5 million-vote thumb on the vote-tally scale.”

Brad Friedman of the BRAD BLOG reported on several “irregularities” throughout the day, such as:

Also, many thousands of complaints were logged on the Election Incident Reporting System (1-866-OUR-VOTE).  5140 complaints to be exact, and growing.

There was also the last minute Republican dirty trick of the Rovian Robo-Call.  According to TPMMuckracker.com, these calls (of which there appear to have been many thousand), have occured in at least 20 separate congressional districts, and were paid for by the RNCC.  From TPMMuckracker: “In a letter dated Nov. 6, Michigan Reps. John Conyers and John Dingell ask attorney general Alberto Gonzales, FCC chairman Kevin Martin and FEC chairman Michael Toner to probe whether a sudden rash of last-minute phone calls paid for by the National Republican Congressional Committee violated any of a number of federal and state laws and requirements. Conyers is the top Democrat on the House Judiciary Committee, while Dingell is the top Democrat on the House Energy and Commerce Committee.”

Then you have Laura Ingram suggesting right wingers jam the Democratic voter information line

At this point you might be asking, “how did the Dems win?”.

Here’s how – the media started (albeit barely) to do their job!

HBO’s Documentary “Hacking Democracy” was aired prior to the election.  Also, Lou Dobbs had been extensively covering e-voting insecurity for at least a couple months prior.  The blogosphere (Democratic Underground and BradBlog in particular) has been more active than ever with this issue as well.  Basically, if they had tried to swing this election too far, it would have been painfully obvious.

Also, the Dems just weren’t going to put up with it this time.  There are at least a couple of congressional races that the Democratic candidate has NOT conceded, Clint Curtis’ campaign against Tom Feeney being one, with Curtis vowing to make sure every vote is counted. Francine Busby is another who is not conceding until all votes are counted.  Why should she trust the official result, what with the machine “sleepovers” in her district.  Also, election activist Bob Fitrakis is not conceding his Green Party gubernatorial bid in Ohio, he knows better than to just give up in that state.

Lastly, the turnout was considerably larger than expected, and the election protection presence on the ground was much more evident, both factors making fraud more difficult.

In conclusion, there were many problems that still occurred, and many that were prevented, but we CAN NOT rest on this victory.  Now is the time, with a Democratic majority, to make major gains in the area of election reform.  With Dennis Kucinich’s HR 6200 for hand counted paper ballots, with results posted at the precinct level, and with friend of democracy Congressman John Conyers Jr. the head of the House Judiciary Committee, we can definitely get some work done to repair our democracy.

by Organik for ElectionFraudBlog.com

 

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Urgent! Pass The Emergency Paper Ballot Mandate of 2006

Posted in '06 Election, Brad Blog, General, Legal, TAKE ACTION! on September 26th, 2006

Tell Congress to Pass the

Emergency Paper Ballot Mandate of 2006

Here’s the Bill Calling for Emergency Paper Ballots at Every Polling Place in America this November!

THE LET AMERICA VOTE ACT – Legislative Language

Yesterday I called on Congress to pass an emergency measure to require Emergency Paper Ballots be made available at the polls during this November’s general election. I spelled out several reasons for this last-ditch, “Hail Mary” attempt to try and mitigate just some of the myriad problems and disenfranchisment that will occur at polling places this year thanks to new, poorly designed, malfunctioning, unsecure electronic voting machines now deployed across the nation.

Never mind the electronic voting machine fraud that is likely to occur. Never mind the proven inaccuracies of these god-awful machines. Never mind the ease at which they are now proven to be hackable. My concern right now — this late in the game — is simply to assure that voters who show up at the polls and are legally registered to vote, may actually be able to cast a vote at all!

In primary after primary this year, voters have been told to “come back later” or, at best, given a provisional ballot (which may or may not ever be counted) when voting machines either failed to work or, frequently, weren’t even present by the time voters showed up to vote. That is voter disenfranchisement, pure and simple, and it affects voters of any and all political stripes.

Common sense (one would think) would dictate that State and County Election Directors would mandate Emergency Paper Ballots for voters to use in the event of machine unavailability. Though the Secretaries of State in several states so far this year (Texas, Arkansas, etc.) have issued emergency orders for such Emergency Paper Ballots, remarkably, many states and counties didn’t bother and thousands of legally registered voting citizens were sent home in the bargain.

The legislation required by Congress to mandate Emergency Paper Ballots (I call it the “LET AMERICA VOTE ACT”) is incredibly simple. In yesterday’s article, I included a three-sentence piece of legislation. Below, is a more fully-formed draft legislation based on those three sentences as sent to me orginally by Bob Wilson of the Illinois Ballot Integrity Project.

Along with additional tweaks by myself and a few others, my complete suggested legislation can be read — in it’s entirety — in about 30 seconds. It’s posted in full below.

If Congress cares (and if you help them to do so!), I’m quite certain that this measure can be passed by both houses of Congress and signed by George W. Bush with Terri Schiavo-like speed.

I’d think our democracy is worth at least as much. And I know it’s certainly worth trying for!

Some have responded to my call for this LAVA legislation (“Let democracy flow!”) by pointing out that the method of counting and/or auditing these Emergency Paper Ballots must be included in the legislation. My answer to them is that I agree with their point! However, at this late in the game (with only some 5 or 6 legislative days left before Congress recesses prior to the election) I don’t want to give any Congress member any reason to oppose this act!

In other words, with the time we have left, if all we can do is assure that at least there will be a piece of paper on which a registered voter may cast a vote this November — if they bother to show up — then we will be doing a service to democracy. It’s an incredible fact, but even something as simple has that has not been the case in many places this year. Last week’s Maryland primary, were thousands were forced to go without voting at all when the machines failed to work, was a prime example!

Some have said there is no time to get this bill passed. I don’t care. Let’s get it passed anyway. If it fails, at least we will have a “paper trail” to point back to on November 8th when everyone else is wondering what went wrong and if anybody had tried to do anything about it while there was still time. Those of us who give a damn will have done everything we could.

I continue to speak to folks in Congress about sponsorship of this bill, and I urge all American citizens to contact their Congress Members — as well as their state and local officials — to demand that non-provisional Emergency Paper Ballots be made available at the polls this year!

You can contact your Congress person here (and you can contact local media here.)

(The URL for this article is: http://www.bradblog.com/?p=3502. Feel free to point them to it!)

Let’s get to work! This effort is about all we have left legislatively at this point! Please spread the word everywhere. My complete suggested language for the LET AMERICA VOTE ACT is posted below…

LET AMERICA VOTE ACT

(EMERGENCY PAPER BALLOT MANDATE OF 2006)

WHEREAS significant failures of electronic voting machines have occurred in various jurisdictions during primary elections held in Illinois, Texas, Georgia, Maryland and other states during 2006, and

WHEREAS such failures have forced legitimate, registered voters to have been turned away from the polls by the thousands so far in 2006 primary elections simply because neither voting machines nor paper ballots were available for use when the voters arrived at their polling place, and

WHEREAS the probability exists that such failures will continue and the adverse results of such failures will be multiplied and increased in magnitude by the additional number of voters participating in the November 7, 2006 General Election, and

WHEREAS the potential exists for massive disenfranchisement of American voters in the November 7, 2006 General Election, by such failures of electronic voting machines,

NOW THEREFORE be it enacted that:

A. For the November 7, 2006, General Election, each election jurisdiction shall be required to prepare and print Emergency Paper Ballots of the proper ballot style for all races and propositions which shall be contested in that jurisdiction.

B. Such Emergency Paper Ballots shall be printed in sufficient quantity to guarantee that every voter who may require one, either as requested or as a result of voting machine unavailability, shall be able to receive such an Emergency Paper Ballot.

C. As with all provisional ballots, such Emergency Paper Ballots shall be printed in all languages specified for ballots in that jurisdiction.

D. Any voter eligible to vote in the jurisdiction in which he or she requests an Emergency Paper Ballot shall be entitled to receive and cast such Emergency Paper Ballot, regardless of the type of ballot that shall have been specifiied in that jurisdiction through operation of law, without further qualification, request, proof or furnishing of reason for such request.

E. Such Emergency Paper Ballots shall be official ballots for purposes of casting, tabulating, audits, redundant counts and recounts, and shall not be considered provisional ballots.

F. Emergency Paper Ballots shall be cast and tabulated in the same manner as all other ballots cast on November 7, 2006.

G. The associated costs to states for this mandate will be reimbursed out of Help America Vote Act funding.

H. This Act shall terminate and cease to have effect on February 28, 2007.


[
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Tell Congress to Pass the

Emergency Paper Ballot Mandate of 2006

From the Brad Blog 

 

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Zogby – Voters Question Outcome Of ’04 Election

Posted in Exit Polls, General on September 26th, 2006

ZOGBY POLL:

VOTERS QUESTION OUTCOME OF 2004 PRESIDENTIAL ELECTION

Only 45% of Voters “Very Confident” Bush Won Election “fair and square”

By Michael Collins

Part II of a II Part Series (Part I)

“Scoop” Independent News

Washington, DC

At their lowest points of popularity, do you recall anyone who claimed that Presidents’ Carter and Nixon stole their elections or that they didn’t win fair and square? Did any analysts or activist groups clam massive election fraud in the elections that brought these ultimately very unpopular presidents to office?

How confident are you that George Bush really won the 2004 presidential election? If you are a typical American voter and you have doubts, how did those doubts arise? A mid August Zogby Poll of 1018 likely voters answered the first of these two very important questions (The author was a contributing sponsor for the survey.)

How confident are you that George W. Bush really won the 2004 presidential election?

Very confident that Bush won fair and square…….. 45.2%

Somewhat confident that Bush won fair and square… 20.0%

Not at all confident that he won fair and square…… 32.4%

Other/not sure………………………………………. 2.4%

This is a remarkable result. Nearly two years into the second term of his presidency, less than half of those polled think that the 2004 election victory was “fair and square.” 20% say they are “somewhat” confident, which is hardly an endorsement of legitimacy. Webster’s defines “somewhat” as follows: “…in some degree or measure: SLIGHTLY.“ This does not exactly qualify as an endorsement of a critical democratic process. The 32% who are “not at all confident” represent a major portion of the population holding the belief that Bush failed to win without cheating. Combining “not at all confident” with “somewhat” “slightly”, according to Webster’s, produces a category of 52% who “doubt” the legitimacy of the election. Altogether, these results are a clear vote of no confidence.





Combining “not confident at all” and “somewhat” (“in some degree measure: SLIGHTLY”) produces a category of “Doubts.” This gives a clear picture on legitimacy versus illegitimacy issue.

Survey Excel file available here.

Those who doubt: Not at all confident that he won fair and square – 32%

Fifty nine percent of Democrats, 5% of Republicans, and 34% of independents comprise the group with no confidence in a Bush win. Dividing the group by race shows that 54% of Asians and 71% percent of African Americans have serious doubts in the legitimacy of the election, along with 25% of whites and 37% of Latinos. Thus, a majority of Asian and African American voters lack confidence in the president’s legitimacy to rule while significant numbers of whites and Latinos do as well.

Groups thought to be in the hip pocket of the Republican administration show no confidence at a significant rate. NASCAR fans doubt the election results at a rate of 28% and born again Christians at 25%. Those in rural areas and the suburbs show some real doubt with rates of 28% and 29% respectively demonstrating a significant level of doubt. Members of the armed forces were right at the survey average with 32% questioning the legitimacy of the election.

The geographical distribution of no confidence was mildly surprising: East, 44%; South 30%; Central States/Great Lakes 24%; and West35%. Given the strength of the Republican Party in the South and relative strength of Democrats in the Central States/Great Lakes, this outcome stands out.

Those who without doubt: Very confident that Bush won fair and square – 45%

Fifteen percent of Democrats, 80% of Republicans, and 39% of independents comprise the group that is very confident that Bush won fair and square. Dividing that group by race shows that 39% of Asians and 9% percent of African Americans are very confident in the legitimacy of the election, along with 51% of whites and 38% of Latinos. Central States/Great Lakes comprise 54% of this group with the South at 46%. The West comprises 42% with the East accounting for just 32% of likely voters.

Whites, 51%, born again Christians, 58%, and people with household incomes over $100,000 are at the top of those very confident in a legitimate election. Only 54% of the rural population was very confident in a legitimate election. This may reflect the significant decrease in rural support for Bush in 2004 when compared to the 2000 election. All of these figures in the low fifties indicate that even among core constituencies, there are barely a majority of voters with a high degree of confidence that the election was legitimate.

Those in between: Somewhat confident that Bush won fair and square – 20%

Democrats and Independents, at 24% and 22% respectively, out number Republicans at 14%. Those who said that they were “somewhat confident” in the legitimacy of the election were evenly distributed around the country with only 3% separating the lowest reporting region, the South at 19%, and the West at 21%, which was the highest. Born again Christians come in at 15% percent, while non sectarians report at a rate of 19%.

The “in betweens” show less difference than the “very confident” and the “not confident at all” responders among the various subgroups polled.

Where they live: confidence by location

Those with “doubts are more likely to live in a large city. But nearly half in rural areas show “doubts.”

The Importance of this Survey

Why are these results important? The notion of legitimacy is central to political systems and central to the ability of an elected leader to rule effectively (although a low level of legitimacy can allow a ruler to stay in power for a period). The vast majority of the public, regardless of political leanings, needs to confer legitimacy through a belief that those elected were elected fair and square. Significant numbers doubting basic legitimacy create major problems for those “elected” and for stability in the system. The result of only 45% trusting the system arises in a news environment in which the main stream media simply refuses to doubt the fairness or the 2004 election and studiously avoids any charges of outright election fraud and a corrupted result.

How the doubts arose will require more research. The response to other Zogby Poll questions in the same survey provides a major hint. 60% of American voters believe that tampering with only one machine can alter the outcome of an entire election. Nearly 80% oppose the use of secret, vendor-only computer code to run voting machines. Plus an amazing 92% of respondents said that they want the right to watch votes being counted and the right to make inquires of election officials regarding vote counting. They want that right because it belongs to them but also, I argue, because they doubt the process and the checks and balances. These doubts about the election occur at the same time there is doubt about the outcome and interact to reinforce each other.

Grave doubts exist about the 2004 presidential election in Ohio and elsewhere. Questions are asked primarily by mathematicians who cannot tolerate a seeming suspension of the laws of mathematics for one day only, November 2, 2004, voting rights activists who witnessed voter suppression and election irregularities at an extraordinary rate, and ordinary citizens whose civic concern was awakened by the 2000 Supreme Court selection and the 2004 election that defied all logic.

Despite the productivity of election fraud researchers and voting rights advocates, very little attention has been given to questions of election fraud by the corporate media. The significant vote of no confidence expressed by a representative sample of 1018 likely voters was driven by several factors: from information gained through channels other than corporate media outlets or due to a general distrust of the President based on his behavior and actions or a combination of these and other influences.

What does this mean? Some preliminary thoughts.

This survey elaborates another Zogby Poll conducted in Pennsylvania and sponsored by OpEdNews.com. In that survey, 39% of Pennsylvania residents indicated that they thought that 2004 Presidential election was stolen. In the current survey, a middle category was created to capture those with doubts, only “somewhat confident” that Bush won fair and square. By creating that category in this national poll of likely voters, those who doubt legitimacy increased 13 percentage points to 52% while those likely to share the sentiment that 2004 was stolen, dropped from the Pennsylvania 39% to the national sample of 32%.

At this point, the Bush Presidency is an illegitimate one, lacking in the necessary consensus to rule with any degree of confidence by the people. We have entered the Potemkin Village of democracy where the façade of legitimacy is nothing more than a Hollywood back lot. This is the inescapable conclusion from this poll of likely voters.

Combining “not at all’ and “somewhat” responders, over half of American voters have doubts about the election, with a third of the total survey expressing serious doubts about the outcome of the election. Despite what the script writers at ABC and the other networks weave into the nightly network indoctrination, there is a vast distrust of this president and this administration; a distrust so profound that it includes a belief that the president wasn’t even re-elected in 2004.

Corporate Media: Asleep at the Switch

There won’t be much discussion of this Zogby poll by corporate media reporters and pundits. If it occurs, it might go something like this: “Most Americans confident in 2004 Election;” “Bush Still Solid with the People;” “Core Groups Support Outcome of 2004 Election.” Of course, none of those headlines will appear. For one or a multitude of reasons, the American corporate media has studiously ignored any controversy concerning election 2004. To discuss questions of legitimacy in public would entail raising the question of a stolen election. It won’t happen but it should. .

If we assume that this data is actually discussed by the corporate media, a dismissal strategy is available. The headlines would read: “Doubt in Legitimacy of 2004 Presidential Election Based on Attitude toward Bush Performance” or, for certain news organizations, “Complainers Doubt 2004 Outcome.” Those who think the country is headed in the right direction comprise 79% of those who are very confident in 2004 results. They comprise only 8% of the “not confident at all” group. Those who think the country is headed in the wrong direction represent 26% of the very confident responders and 47% of the not confident at all group.

Of course, President Carter’s popularity dropped below 30%, a majority of Americans were positive we were headed in the wrong direction. You will be very hard pressed to find one single voice rose to challenge Carter’s popular vote victory, even though his victory margin was narrow. The hypothesized right-wrong explanation of this exceptionally low level of confidence in the system is not a particularly good argument but it will not be needed.

There is a uniform failure to address the legitimacy of the 2004 election. It is not the fault of the public. From these results, it is easy to imagine a robust dialogue followed closely by an intense public debate on the real questions that lead those who do to doubt the legitimacy of the 2004 presidential election. With such a debate, the numbers “not at all confident” would rise even higher. What a shame it would be if the information managers win yet again.

*** # # # # ***

Copyright. Permission to reproduce in whole or part with attribution to the author, Michael Collins, a link to “Scoop,” and attribution of polling results to Zogby International.

Michael Collins is a writer who focuses on clean elections and voting rights. He is the publisher of the web site, www.ElectionFraudNews.com. His articles in “Scoop” Independent News can be found here.

MichaelCollins @ electionfraudnews.com

***APPENDIX***

The Zogby poll was conducted from August 11 through 15, 2006. 1018 adult voters were interviewed by phone. The sample of people interviewed reflects the demographic and regional diversity of the United States. Due to the size, it has a 3.1 % (+/-) margin of error. 95% of Zogby’s political polls have come within a 1% margin of accuracy in predicting election outcome. The survey was commissioned and sponsored by election rights and business law attorney Paul Lehto of Everett, Washington. This author, Michael Collins, was a contributing sponsor, along with Democracy for New Hampshire.

END

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CANDIDATES: WAIT TO CONCEDE!

Posted in '06 Election, Black Box (Electronic) Voting, General, Parallel Elections, TAKE ACTION!, Video on August 22nd, 2006





Don’t be a Sitting Duck for the Secret Ballot



V
erify Election Results

Run Parallel Elections

Collect Voter Affidavits

CONGRESS! BAN Voting by Secret Ballot, Voting Machine, Internet, Absentee, Early, or Carrier Pigeon.

Others’ videos: GOT DEMOCRACY, Help America Vote On Paper, (from eon3), The Right To Count,  Invisible Ballots(2004),  VoterGateThe Big Fix 2000

another must watch: 911 Cover Up

http://video.google.com/videoplay?docid=-5946593973848835726&q=genre%3Adocumentary&hl=en


“...our elections are easy to rig because of how we vote.  It wasn’t always this way.   Prior to the Civil War, voting was a completely observable process.  It was only after the Civil War, as the right to vote expanded to African Americans, that the voting process itself began to recede from public view and meaningful oversight.  It started with absentee voting by the military in the 1870’s, the use of secret ballots in the 1880’s, and voting by machine in the 1890’s.  Today, approximately 30% of all voting is conducted early or by absentee, 95% of all votes are processed by machines, and 100% of all ballots are secret and anonymous.”  Lynn Landes

PARTIAL “The Fix Is In” TRANSCRIPT BELOW:

(VIDEO CLIP)  “The election is over. We won.” (Reporter’s voice – “How do you know that?”)  “It’s all over, but the counting.  And we’ll take care of the counting.”

That was Republican Congressman Peter King of New York.  He made those remarks just BEFORE the 2004 presidential election. 

Hi.  I’m Lynn Landes.  I’m a freelance journalist and publisher of the website, EcoTalk.org.  I want to thank you for taking the time to watch this brief video.

Our elections are in deep trouble.  Many Americans no longer believe that voting results are accurate. More and more voters are learning first-hand that voting machines are completely unreliable and that many of our election officials are untrustworthy.  But what’s at the core of this crisis?  The secret ballot.

Any ballot in America can be easily miscounted either by accident or design, regardless of whether it’s a paper ballot or electronic vote. That’s because modern Americans vote by secret ballot.  A secret ballot is an anonymous ballot, which means it can’t be traced to the voter.  We’ve been told that’s a good deal for us, that it protects us against harassment and vote selling.  But, it’s a much better deal for those who want to rig elections and not get caught.  It’s time we scrap the secrecy and go public with our votes.

In this video you’ll hear a startling admission from a voting company representative, I offer some practical advice on how to verify or challenge election returns through the collection of voter affidavits, And I make the case for a return to total transparency in voting, what I call “Open Voting”

The fact is our elections are easy to rig because of how we vote.  It wasn’t always this way.   Prior to the Civil War, voting was a completely observable process.  It was only after the Civil War, as the right to vote expanded to African Americans, that the voting process itself began to recede from public view and meaningful oversight.  It started with absentee voting by the military in the 1870’s, the use of secret ballots in the 1880’s, and voting by machine in the 1890’s.  Today, approximately 30% of all voting is conducted early or by absentee, 95% of all votes are processed by machines, and 100% of all ballots are secret and anonymous.

Worse yet, most of the voting process in America has been privatized and outsourced to a handful of domestic companies and multi-national corporations.  One company, Sequoia, is foreign-owned.  And just two companies (ES&S and Diebold) process 80% of all votes in the United States.  These companies make, sell, and service both ballot scanners and touchscreen machines. 

Although most of the debate over security issues has been framed to target suspicion on outside hackers and backdoors, it is in fact company insiders who have the keys to the front door and complete access to the electronic ballot box. For all practical purposes, voting machine companies are self-regulating, and as such, their employees are in a perfect position to rig elections nationwide.   But even if these companies were regulated, it is virtually impossible to guard against insider vote fraud, as you will see.

The following are video clips of an examination of the Danaher voting system by Pennsylvania state authorities in November of 2005. 

(VIDEO CLIP)

Notice, the Danaher representative assured state officials that the company would not be able to rig elections because their programmers would have to know well in advance all the candidates names and their positions on the ballot.  But that’s ludicrous.  There’s nothing to stop programmers from using secret company code to manipulate votes for a particular candidate.  This can be done while making a service call before, during, or after an election.  It could be accomplished remotely via the Internet, modem, or through wireless technology.  And it can be done without the knowledge of election officials. 

But, setting that issue aside, what if it is not a specific candidate the company wants to rig an election for, but a particular party instead? 

(VIDEO CLIP)

The Danaher representative just admitted that their computer program includes a party identifier next to each candidate’s name.  Therefore, the company can easily write a program that shifts a certain percentage of votes from one party’s candidates to another party before the machines ever leave the factory floor.  That shift could make the difference in tight races.

Most voting machine companies have close ties to the Republican Party and most voting machine irregularities appear to favor Republicans, but I must emphasize, that is not always the case.  Even in Republican and Democratic primaries, where the race is between members of the same party, voting machines are exhibiting suspicious irregularities.  Meanwhile, the Democratic Party and the Green Party’s measured response to the gravity of this situation makes one wonder. 

Pending congressional legislation that would require ballot printers for paperless voting machines is a woefully inadequate response to the threat these machines represent, as a long history of equipment malfunctions and failures can attest.  But, even more disturbing are the actions of some candidates, particularly Democratic candidates, who are conceding extremely close races without waiting for all the absentee and provisional ballots to be counted.  It appears that the fix may be in across the political spectrum.

What’s the solution?  Perhaps voters should support candidates that have no party affiliation.  But, regarding the voting process itself, Congress should return to a policy of open and transparent elections and ban voting by machine, absentee, early, and by secret ballot.  Until that day, we must go public with our votes.  We must provide candidates with hard evidence of how we voted so that election results can be verified, or challenged, if necessary.  Exit polls do not constitute hard evidence.  Only voter affidavits can provide that.  It’s time voters sign up and be counted. 

Specifically, candidates or activists need to conduct a Parallel Election, of sorts.  They need to collect affidavits from voters or, at the very least, get signed statements that include the voter’s name, signature, address, and for whom they voted.  These can be collected in three ways: 1) on Election Day as voters leave the polls, 2) door to door after the election, or 3) by asking voters, particularly absentee voters, to mail-in affidavits or signed statements immediately after they mail in their ballot.  If manpower is a problem, then target only a few polling places or precincts.  Keep in mind that a list of those who voted is a matter of public record.  Most precincts have about 500 voters and most voters don’t vote. 

So, for many races we’re not talking about contacting a lot of people.  Naturally, you want to first contact voters that belong to the same party as your candidate.  Depending on your results, that may be sufficient to challenge election returns.  You don’t need 100% participation from voters.  Any number of signatures collected that exceeds the official vote count is an indicator of a miscount.  

Something similar to this idea was put into practice last winter in North Carolina.  A Republican candidate gathered more than 1400 affidavits from voters in precincts where voting machines malfunctioned and lost thousands of votes.  On the basis of those affidavits his Democratic opponent conceded.

Last year I wrote my first article calling for Parallel Elections. See – http://www.ecotalk.org/ParallelElections.htm  A few activists around the country did just that.  On the basis of signed statements collected at 11 polling places in a California election, a recount was granted.  Unfortunately by the time the recount was held, there was plenty of opportunity for election officials to minimize the miscount. So, be careful about asking for a recount when what’s actually needed is a new election that’s free from voting machines at the very least.  And remember, even a new election needs a Parallel Election to serve as a check. 

If no one is organizing a Parallel Election, then voters can on their on initiative send the candidate of their choice a card or letter indicating that they voted for them.  That might spur more candidates to action. You may not win an election challenge in a court of law, but the court of public opinion is more important in the long run.

If we want a real democracy we must take our elections out of the corporate boardroom and back into the public square.  We cannot continue to hide behind the secret ballot.  Remember John Hancock’s large and flamboyant signature on the Declaration of Independence?  He did that in the face of certain hardship and possible death.  It’s now our turn to sign up and be counted. 

I’m Lynn Landes.  And thanks for watching. 




QUESTIONS AND ANSWERS:

  1. Is there any evidence that voting machines have been rigged?  Yes. Lots of it.  An extensive history of voting machine irregularities can be found in the following:

     

  2. Has anyone confessed to rigging voting machines?  Yes.

    The easiest way to rig elections nationwide is for voting machine company-insiders to program the firmware (permanently installed software in touchscreens and ballot scanners) to favor one political party over another. That way they don’t need to know the candidates’ names nor their position on the ballot. They can even rig the top of the ticket only, in which case the winning candidate can claim a crossover vote in a opposing party’s district, as may have happened in Florida 2004 – See Lynn’s data table

     

  3. Don’t some voters need these machines, such as non-English language voters and disabled voters?  No.  Voters who want a ballot in their own language should be able to order such a ballot in advance of any election.  Secondly, voting machines present the same violation of voting rights for disabled voters.  And contrary to popular belief, the Help America Vote Act (HAVA) does not require election officials to purchase electronic voting machines.  Besides, anecdotal evidence suggests that these machines are difficult for the disabled to use.  Election officials and voting machine companies admit that it takes the sight-impaired voters ten times longer to use a touchscreen machine than able-bodied voters.  However, there is a way for the sight-impaired to vote privately and independently.  They can use tactile paper ballot with audio assistance.  Tactile ballots are used around the world and in some states such as Rhode Island.  Unfortunately, many disabled voters are unaware of these kinds of ballots.  That may not be an accident.  Two organizations for the blind, The American Association of People with Disabilities (AAPD) and The National Federation of the Blind (NFB), are ardent supporters of paperless touchscreen voting machines.  They also have received over $1 million dollars from the voting machine industry, according to news reports.

     
  4. Can you conduct Instant Runoff Voting (IRV) using paper ballots?  First, I do not support IRV or proportional voting because they are unnecessary, complicated, and cannot be easily observed.  But, yes,  Britain, Ireland, and Australia have used paper ballots to conduct Instant Run-Off Voting.  However, some advocates of IRV are aggressively promoting the idea that voting machines are necessary. Regarding proportional voting, it is the wrong answer to the obvious problem presented by “at-large” elections where the winners take all.  Instead, political entities (such as townships) should be divided into voting districts (which many already are), thereby allowing the development of Democratic, Republican, etc. strongholds which could result in more equitable representation.

     
  5. Aren’t machines faster than a hand count and isn’t that important?  They should be, but often they’re not.  Machines breakdown routinely, thereby taking longer to report election results.  In Maryland in the 2004 election, 9% of machines observed by a voting rights group, broke down.  Essentially, a speedy hand count is based on a sufficient number of poll workers per number of registered voters and the length of the ballot.  Canada uses 2 election officials per approximately 500 registered voters.  In addition, election officials don’t need to depend on volunteers.  Citizens can be drafted to work at the polls on Election Day, as is done routinely with jury duty.  The right to direct access to a ballot and meaningful public oversight of the process supersedes the perceived convenience of voting machines. 

     
  6. What about states that have really long ballots, including initiatives and referendum?  Most countries keep their ballots brief.  For instance, in America state and local judges could be elected by legislative bodies instead of the voters. But, there are other issues.  The initiative/referendum movement is called Direct Democracy.  However, it is really an end-run around the legislature.  Some activists think this is a good idea, but others disagree.  California’s ballot has become a nightmare.  Clearly, those with the money get their issues on the ballot. And consider this.  The initiative/referendum movement allows those who control the voting machines to also control which candidates win and what legislation gets passed. 

     
  7. Aren’t voting machines more accurate than a hand count?  There is no way to know. There is no way to test the accuracy of voting machines during the actual voting process on Election Day.  Citizens vote in secret.  The machines count those votes in secret.  If ballot scanners are used, then election officials can run an audit to check accuracy.  But, few states require audits.  Even with an audit, election officials decide where and when the audits occur.  Public participation and oversight is not meaningful. Any test done prior or after an election cannot ensure that during the election the machine did not manipulate votes, either by accident or design.  The accuracy of voting machines is often correlated with the number of overvotes and undervotes it records.  One could have nothing to do with the other.  There is no way to know the intention of the voter, or if a voting machine is filling in votes that the voter deliberately left blank. Although a lever and touchscreen machine can prevent overvotes, all in all, “The difference between the best performing and worst performing technologies is as much as 2 percent of ballots cast. Surprisingly, paper ballots—the oldest technology—show the best performance.” This is the finding of two Massachusetts Institute of Technology (MIT) political science professors, Dr. Stephen Ansolabehere and Dr. Charles Stewart III, in a September 25, 2002 study entitled, Voting Technology and Uncounted Votes in the United States.

     
  8. Which is more expensive, voting by machine or paper?  For legitimate elections, expense can never be a consideration.  That said, paper is cheap and requires no special servicing, storage, or trained personnel, while a single voting machines can cost thousands of dollars and require servicing, storage, and trained personnel.  Furthermore, election officials never need to rely on volunteers to staff the polls.  Citizens can always be drafted as they are for jury duty, at little or no cost to the tax payer. 

     
  9. Shouldn’t we allow absentee voting for overseas military at least?  No.  Again, think in terms of jury duty.  There are certain rights and responsibilities of citizenship that require your personal appearance.  In addition, the polling place provides the voter protection from intimidation and allows poll watchers the opportunity to detect vote fraud or system failure.

     
  10. If someone wins by a large enough margin, isn’t that a sign that the election wasn’t rigged?  No. It only stands to reason that if someone is going to rig an election, it will be done by a sufficient number of votes to avoid triggering a recount. Otherwise, this could happen: In August of 2002, in Clay county Kansas, Jerry Mayo lost a close race for county commissioner, garnering 48% of the vote, but a hand recount revealed May won by a landslide, earning 76% of the vote.

     
  11. If the voting machines are being used at my polling precinct, is it better to vote by absentee?   Most absentee ballots are not counted by hand, but instead scanned by computers. The same corporations (ES&S, Diebold, Sequoia, etc) that dominate the touchscreen market, also control the ballot scanners.  In addition, some counties, like King County Washington, have even outsourced the mailing of their absentee ballots to private industry. 

     
  12. Can’t elections be rigged by stuffing ballot boxes, as well?  Yes, but it is a detectable kind of vote fraud, whereas voting by machine, early or absentee is nearly impossible to detect.  The problem of stuffed ballot boxes may be more fiction than fact.  In his book, The Right To Vote, The Contested History of Democracy in the United States, Alexander Keyssar, of the Kennedy School of Government, Harvard University, writes, “…recent studies have found that claims of widespread corruption were grounded almost entirely in sweeping, highly emotional allegations backed by anecdotes and little systematic investigation or evidence. Paul Kleppner, among others, has concluded that what is most striking is not how many, but how few documented cases of electoral fraud can be found. Most elections appear to have been honestly conducted: ballot-box stuffing, bribery, and intimidation were the exception, not the rule.”

     
  13. Doesn’t the federal government regulate the voting machine industry?  No. There is no federal agency charged with regulatory oversight of the elections industry. There are no restrictions on who can count our votes. Anyone from anywhere can count our votes. The Federal Election Commission (FEC) doesn’t even publish a complete list of all the voting technology companies whose business it is to count Americans’ votes.   see: voting companies info

     
  14. Can a voting machine company be owned by foreigners and run by felons?  Yes. Sequoia is the third largest voting machine company in America and is owned by a British-based company, De La Rue. Diebold is the second largest voting machine company in the country. It counts about 35% of all votes in America.  Diebold employed 5 convicted felons as senior managers and developers to help write the central compiler computer code that counted 50% of the votes in 30 states. Jeff Dean, Diebold’s Senior Vice-President and senior programmer on Diebold’s central compiler code, was convicted of 23 counts of felony theft in the first degree. Dean was convicted of planting back doors in his software and using a “high degree of sophistication” to evade detection over a period of 2 years. see: fraud & irregularities

     
  15. Isn’t that a threat to national security? Yes.

     
  16. What was the Help America Vote Act (HAVA) all about? It established the Election Assistance Commission (EAC) to distribute billions of dollars to the states to upgrade their voting systems, but failed to mandate any meaningful standards.  http://www.eac.gov/law_ext.asp 

     
  17. Doesn’t the federal government certify the voting machines?  No. The federal government has a loose set of technical guidelines for voting machines that are voluntary and may be actually harmful.  The Federal Voting Systems Standards (FVSS) used by the three NASED’s approved Independent Test Authorities (ITA) to “certify” companies are outmoded guidelines and voluntary, and not all states have adopted them.  According to industry observers, the FVSS guidelines allow one in ten machines to fail.  There is no enforcement of these guidelines, such as they are. 

     
  18. Who, then, certifies the nation’s voting machines? The FEC coordinates with the industry-funded National Association of State Election Directors (NASED), a private non-profit group, to have machines inspected certified by industry-funded private contractors.  NASED selects and approves the testing laboratories. Only prototypes of the machines and software are available for a very superficial inspection.  The inspection is conducted by three private companies who are not themselves subject to any regulation.  Technical Issues & Standards  “An unelected person named R. Doug Lewis runs a private non-profit organization called “The Election Center.”

    Lewis is possibly the most powerful man in the U.S., influencing election procedures and voting systems, yet he is vague about his credentials and no one seems to be quite sure who hired him or how he came to oversee such vast electoral functions. Lewis organized the National Association of Secretaries of State (NASS, now heavily funded by voting machine vendors); he also organized the National Association of State Election Directors (NASED) and, through them, Lewis told (author Bev) Harris he helps certify the certifiers.”  “Wyle Laboratories is the most talked-about voting machine certifier, probably because it is the biggest, but in fact, Wyle quit certifying voting machine software in 1996. It does test hardware: Can you drop it off a truck? Does it stand up to rain? Software testing and certification is done by Shawn Southworth. When Ciber quit certifying in 1996, it was taken over by Nichols Research, and Southworth was in charge of testing. Nichols Research stopped doing the testing, and it was taken over by PSInet, where Southworth did the testing. PSInet went under, and testing functions were taken over by Metamore, where Southworth did the testing. Metamore dumped it, and it was taken over by Ciber, where Southworth does the testing. Here is a photo of Shawn Southworth:” scoop.co.nz

WOULD YOU TRUST THIS MAN WITH YOUR VOTE?

meet Shawn Southworth

the industry guy who “certifies” America’s voting technology

17. But, wouldn’t it take a vast number of people to rig an election?  Not with today’s technology.  One programmer working at either ES&S or Diebold could write code that could manipulate votes across the country.  If a voting machine has computer components, it can be rigged or accessed through the firmware, software, wireless, modem, telephone, and simple electricity.  Main tabulating computers can be rigged in a similar fashion. Lever voting machine are also easily rigged, although it would be more labor intensive. Still, anyone with the keys to the county warehouse where the machines are stored could rig the machines. Labels can be switched, gears shaved, odometers preset, or printouts preprinted.

18. Can’t we detect vote fraud through exit polls?  Exit polling is conducted by one organization that is hired by the major news networks and the Associated Press.  Since they first started “projecting” election night winners in 1964, the major news networks have never provided any ‘hard’ evidence that they actually conducted any exit polls, at all.  The late authors of the book, VoteScam: The Stealing of America, concluded that some of the major news networks, including the polling organization that they hire for election night reporting, have been complicit in vote fraud. see: exit polls

19. If someone wins by a large enough margin, isn’t that a sign that the election wasn’t rigged?  No. It only stands to reason that if someone is going to rig an election, it will be done by a sufficient number of votes to avoid triggering a recount. Otherwise, this could happen: In August of 2002, in Clay county Kansas, Jerry Mayo lost a close race for county commissioner, garnering 48% of the vote, but a hand recount revealed May won by a landslide, earning 76% of the vote. http://www.ecotalk.org/BevHarrisBook2.pdf (page 45)

20. Aren’t you just a conspiracy theorist?  No. In the words of Greg Palast, “I’m a conspiracy expert.”  Election officials have outsourced and privatized a uniquely public function. Corporations have gained near total control over the process of voting. Corporations also control the process of reporting exit polls.   Both processes are completely non-transparent.

by Lynn Landes for EcoTalk.org

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Talking Points Memo On Elections (for Progressive media)

Posted in '06 Election, Bob Fitrakis, General, RFK Jr., TAKE ACTION! on August 12th, 2006

http://wedonotconsent.blogspot.com/2006/06/talking-points-memo-on-elections-for.html

Since the start of this month there has been more high profile, corporate media coverage of our “election” charades than perhaps any other period during the Bush regime. Could this be a sign we are approaching a bona fide tipping point, after which things will be totally different? Well, I want to believe it, but I think we first need the progressive media to get on the same page about some talking points.

1. Secret vote counting guarantees inconclusive outcomes. Whether it is paperless DREs or optical scanners with interpreted or proprietary code, votes are being “counted” in secret, without even a chance for voters, elections officials or the media to examine the process or verify the results.

2. Unverified voting means there is NO BASIS for confidence in the results reported. Blind trust is required to accept current election results.

3. The media should not report what it cannot prove or independently verify. We now have faith-based reporting about faith-based elections.

4. The Consent of the Governed is being assumed, not sought, under current election conditions. According to the Declaration of Independence, the “just Power” of government derives from the Consent of the Governed.

5. Here is a partial list (in no particular order) of additional items to which we must say: We Do Not Consent.

a) The lost presumption of innocence;

b) Spying on Americans and an overall loss of privacy;

c) Government lawlessness;

d) Destruction of our environment;

e) The promise of endless war;

f) Free speech zones;

g) Depleted Uranium (Mr. Bush’s slow-motion holocaust);

h) Government run media;

i) Secret prisons, torture and war crimes;

j) and We Do Not Consent to secret vote counting machines.

The larger question that should emerge from these talking points is: Has the Consent of the Governed been withdrawn, YET? Presented this way the question takes a tone of inevitability – not if, but when! This is how we pave a path to a tipping point.

This set of points varies in at least one very dramatic way from the high profile corporate coverage recently given to election integrity. For examples, start with Rolling Stone publishing Robert F. Kennedy Jr.’s hefty recitation of the of the travesty of the 2004 “election” in Ohio, plus the ensuing TV appearances (CNN, Fox, MSNBC – all .wmv videos), and the online rebuttals and rejoinders (Farhad Manjoo at Salon.com, Paul Lehto, Bob Fitrakis, and even Bobby Kennedy himself). In all cases, progressive people are arguing over past events that can’t be changed with people who are not even open to having their minds changed.

What would be better is educating progressive media about these powerful forward-looking arguments. Icons such as Thom Hartmann, Peter B. Collins (.mp3 of my interview last week), and Randi Rhodes can help us teach the public at large in a way that enables understanding of our current condition while fostering an appropriately strong and unified response. The talking points above allow us to discuss that which can be agreed upon, namely, what are the conditions for the elections we’re about to have. The lesson, however, is that such conditions ensure inconclusive outcomes which should never be expected to produce unanimous acceptance. By narrowly defining a common view of the problem we become poised to take united action.

The Voter Confidence Resolution (VCR) is a document reflecting all the talking points above. The City Council of Arcata, CA was the first to adopt the VCR, and Palo Alto, CA will soon be considering its own version. Each community is encouraged to use Arcata’s language as a template, keeping the main talking points and customizing other areas, including an election reform platform. This inspires local debate about sensible standards that should aim at delivering conclusive election outcomes and creating a basis for confidence in the results reported.

In Hartmann’s recent AlterNet article about the RFK piece, he very bluntly says: “George W. Bush is not the legitimate president of the United States.” But Hartmann doesn’t go much beyond encouraging us to “speak out” in response. There is no doubt that Hartmann personally knows many people who have already been among the most outspoken. Our efforts have not been in vain, but they could be more successful with a common message and call to action. And it was with this in mind that I saw the need for this talking points memo. It is worth noting that when I recently discussed these same ideas with Brother Thom on his radio show, this is what he said:

“Its a great start getting out there and saying, ‘Nope, sorry, we’re not going to play this game.’ I think we need to do more of that.

* * *
Additional recent major media election integrity coverage has included Jack Cafferty and Lou Dobbs (.wmv) on CNN. Big thanks to VoteTrustUSA and BradBlog for instigating and covering the coverage. Also see Why Old Election Numbers No Longer Matter, originally published 8/17/05 in the GuvWurld Blog, also appearing on page 9 of my new book We Do Not Consent (free .pdf download). Finally, Mark E. Smith offers a perspective worth considering in Global Warming vs. Election Integrity.




WE DO NOT CONSENT – The new blog and online book (free download)

Also see The GuvWurld Bloghttp://guvwurld.blogspot.com AND The Voter Confidence Resolutionhttp://tinyurl.com/amryg

Posted on Democratic Underground by GuvWorld 

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Democracy In Crisis – An Exclusive BRAD BLOG Interview with Mike Papantonio

Posted in '06 Election, Brad Blog, General, Legal, Mike Papantonio, RFK Jr., TAKE ACTION! on August 2nd, 2006

The Electronic Voting Machine Company Qui Tam Cases Explained… ‘Citizen media is replacing mainstream media…and a lot more successfully than anybody dreamed.’

An Exclusive Interview for The BRAD BLOG as Guest Blogged by Joy and Tom Williams…

Mike Papantonio and Bobby Kennedy co-host Ring of Fire on Air America. The two attorneys have filed qui tam lawsuits against the Electronic Voting Machine (EVM) companies for defrauding the government. We previously posted an exclusive interview with Robert F. Kennedy, Jr. about this case.

Papantonio is a Florida attorney who has already gone after a number of big corporations for the American people. He is named partner and head of the Mass Tort Department at his firm. He has handled many famous cases throughout the nation, including asbestos, breast implants, Dalkon Shield, Fen-Phen, hemophiliac-AIDS, L-Tryptophan, railroad disasters and the Florida Tobacco litigation. He is listed in Best Lawyers in America and Leading American Attorney. He is also the author of In Search of Atticus Finch, A Motivational Book for Lawyers; Clarence Darrow, The Journeyman; Resurrecting AESOP, Fables Lawyers Should Remember and a co-author of Closing Arguments — The Last Battle. In addition to all this, he is a popular lecturer in the legal field.

We would like to say something about what a dynamic and articulate man he is, and how much we think he’s doing for our country, but, really, res ipsa loquitur, the thing speaks for itself, and this is no accident. Mike Papantonio is a hard-working, extremely generous, friendly and personable — and dedicated — man. One would be hard-pressed to find a better duo for the difficult job ahead. The Kennedy/Papantonio alliance is a particularly brilliant one. Mike took the time to talk to us about aspects of the qui tam cases they have set in motion already…

BRAD BLOG: Can you tell us about these qui tam cases?

MIKE PAPANTONIO: What we’re doing with these qui tam cases is really not much different than the approach we used in the national tobacco litigation. We’ve put together that same kind of team, not the same people, but the same kind of people who are used to working with complex litigation. Because of that, there’s a benefit to the U.S. attorney saying, “Well, you know, we don’t know if we really want to do this.” And once they say that, those are the golden words that will allow us to go in and handle the case ourselves. Exactly like we’ve done with tobacco, asbestos, virtually every major pharmaceutical case in the country, it’s always originated with the same kind of lawyers. And those are the kind of lawyers that do fairly complex stuff.

BB: I want to thank you for doing those cases, by the way, Mike.

MP: Thank you for saying that, sometimes it just takes a while to register, to where you say, well you know, I didn’t want to have to do this, but apparently we have to. That’s how I feel about this right now.

BB: How do you feel about the idea that you might be saving our Democracy?

MP: Morris Dees is a civil rights lawyer and a very good friend of mine. As a matter of fact he started the Southern Poverty Law Center in Montgomery. If you talk to someone like Morris, and you ask him, what is it that brought some closure, some beginning for closure to the civil rights movement, he’d say it was really no one event; it was kind of a collection of displaced separate events. That’s always stuck with me, because with anything that’s worth doing, it’s rare that you will accomplish it with one event that you are able to manage, or one success that you are able to gain. It rarely works like that. I think there are some similarities here, just like I thought the same thing with tobacco. When we first started talking about tobacco, everybody thought we were pretty much nuts, because we were taking on some of the biggest corporations in the world. But it wasn’t just our effort, it had been the effort of people who’d gone before us, and all we did was take what they’d already done for us and make it a little bit better — a small reinvention of the wheel, in a way that just helped the wheel roll a little better. It’s the same thing here.

I think of Lowell Finley. Lowell Finley is a great lawyer who’s handled these voter cases a long time, but he’s had to handle them by himself. First of all there’s the economics of it, and if all you are doing is going to court and arguing with some Judge, about the fact that he ought to enjoin the further use of the company, the product, or that he ought to put limitations on how the product’s used, that doesn’t really get you where you need to go, and it costs you instead of the company. The only thing that corporate America understands is when they have to say to their stockholders, or to their partners in their businesses, “Hey, we have to write a big check now and it could put us out of business.” That’s all they respond to. Having done complex litigation for 25 years, I’ve never seen any other formula. You know, in a perfect world we could throw them in jail.

In Japan, for example, if you are following this latest story — I think it has to do with an auto case where they didn’t tell the consumers the truth — the consumer doesn’t really get to sue them the same way they do in the States, but the good news is that they throw them in jail. So that’s where I wish we were. I would gladly give up the multi-million-dollar recoveries from all the pharmaceutical cases, from everything we’ve done, for the last 25 years. If I knew we had a law that said, “Well, you guys can’t really sue them for money but we can have these creeps thrown in jail,” I’d gladly give up every dime. But, unfortunately, in the US, the only avenue we have to punish these companies is to take their money away. And so that’s the method of operation that we’ve used in pharmaceutical cases, in asbestos cases, and tobacco cases, and roll-over cases — all of those consumer cases are only driven by the fact that greed is such a driving force with corporate America that they only react when you take some of their ill-gotten money away from them.

BB: So it’s not only the machine fraud. The Republican Party has been involved with all kinds of methods to disenfranchise voters, from intimidation, to destruction of Democratic voter registrations, and all kinds of other things that result in people not having their votes counted, or not being able to vote. Is there any possibility of a class action lawsuit down the line for the American people because they had their election stolen?

MP: I don’t really see that. I understand class action suits very, very well, and I don’t really see that as a possibility. It’s not likely that you’re going to have a case where you say the same offense that prevented person A from voting also prevented person B and person C, where you can show those three events are exactly the same. And unfortunately in a class action suit there are certain hoops that you have to jump through, like similarity in action, numerosity, all of these things that you really have to be specific about to get to the class action threshold. There may be some small cases, for example, where the Indians are disenfranchised, in a particular area — yes, that has a ring to it. Or where the Hispanics in a certain state are disenfranchised — that has some appeal to it. I don’t think that we are ready to get there yet with these. The trick to any particular litigation is to lay out the best strategy you can with what you have.

When I look at this, the best strategy that I’m able to come up with, and Bobby’s able to come up with, is a strategy that forces us into a room with the people who are making these decisions — so I’m able to sit across the table from those people and ask them some tough questions. That: a.) forces them into committing perjury; and b.) exposes them as being the criminals that they are. I think that the best way to get there, is to do it by way of qui tam lawsuits and I may be wrong, but sometimes you have to stick with your strategy and that’s where we’re headed with it.

BB: Bobby was talking about how widespread this machine tampering is getting. It suggested to me that since these machines don’t tamper themselves, and since the Republicans don’t do things ad hoc, there may be a room filled with high level people who are sitting around analyzing data, plotting strategies, coming up with numbers and giving instructions, and if you could find out who those are wouldn’t you have a massive conspiracy case?

MP: Yes, you would. Tom, I keep hearing of people afraid to say that there’s any design, that everything that happened in Ohio must have just happened to be coincidental, disjointed events. I’m not afraid to say I think there is something that has more of a design to it.

For example, there is no question Feeney, down in Florida, met with people who were trying to put together a system to game voting. Here you have a Republican Congressman, this guy who represents Floridians, who represents Americans, and he’s sitting down trying to figure out how he can defraud Americans of their right to vote. Now, you’ve got to find that here too. Does it all fit together? It might.

[Ed Note: We have been reporting on Florida vote-rigging whistleblower Clint Curtis for the past year and a half. He is the programmer who has alleged Republican Congressman Tom Feeney asked him to create a software prototype to flip votes on electronic voting machines. A summary of our coverage is posted here. Curtis is now running for Congress in Florida’s 24th district in hopes of unseating Feeney this fall. The Clint Curtis for Congress website is here.]

I think for something as critical as this is, you have to have a very methodical approach, just the same kind of an approach I would use if I were going to sue Merck for a defective product for 10,000 people. But that’s not new stuff. If you were to follow me around in a given month, you would see that I use the same methodology almost all the time, because it’s proven methodology, and that’s the way this has to be approached. It’s easy to get your attention pulled in so many directions that you forget that you still have a methodology that you need to follow. So all of these things are issues. You say to yourself, “My God, I know this is happening,” but you have to be patient. You have to say to yourself, “I gotta get there.”

BB: That’s not to say in following your planned strategy you might not turn up a lot of things in the woodwork during the process.

MP: Yes, I think you will. I think we’ll turn up exactly what you’re talking about in the process. And then at some point, that’s something that will become useable. Right now with the way that politics are situated in Washington, if you were to turn up the fact that Dick Cheney, for an example – just for an example – if Dick Cheney and Karl Rove had sat down and said, here is the master strategy that’s even better than Lee Atwater’s Southern Strategy, and here’s how we are going to create this Republican machine that’s never going to go away — if they were to have said that, and I actually had documents to show that they said it, that ordinarily would work…. But with the present environment, with the media that we are confronted with, and with the Justice Department, (not so much the Justice Department, but the people who are running the Justice Department, because we have very good U.S. Attorneys who are career people and they don’t like this anymore than we do) — unfortunately, until we take back Congress and then take back the White House, we could have all the smoking guns you want, but the infrastructure to do anything with it is not there.

Every time I talk about this Democrats get mad, but it’s just absolutely the truth: Had Bill Clinton gone after and really sustained his investigation into the Iran-Contra affair for the full two years that he was there with a Democratic Congress, had he aggressively gone after the people he needed to, we wouldn’t have had Wolfowitz, we wouldn’t have had Rumsfeld, we wouldn’t have had Richard Perle, we wouldn’t have most of the Neocons that are running things right now. They would be in jail. But he didn’t do it. So the question is, if we can get Congress back one more time, and we can gain control of the infrastructure that puts thugs in jail, then we can have some change, but it has to begin in November, it has to happen.

This is it — 2006 is the test.

But until we have either the House or the Senate, we don’t even have a bully pulpit. We have a press that is a completely dismal failure. And there’s a clear reason why they’re a dismal failure. Want to hear it?

BB: Of course!

MP: In the next 900 days, they have the last opportunity to enhance the 1996 Telecommunications Act. Michael Powell, if you will remember, took a shot at it last year, and he was very close, a lot closer than anybody thought. If they can get there, then what you are going to have is that Viacom, or NBC, or Rupert Murdoch is going come to your home town, and own your newspaper, own your radios, own your televisions, own everything, so that the one message that, say, Rupert Murdoch wants to deliver is delivered on virtually every venue available to you.

BB: That’s so dangerous.

MP: It’s awful. But the corporate media understands that this is it.

THIS IS IT!

Really, they’ll never again have this opportunity to have such a bumpkin President, such a lapdog bunch of Congressmen, and such a bottom-feeding kind of Administration. They’ll never have this again. They are afraid they will lose this opportunity by actually telling the stories, that people like you are telling. They are afraid to tell the story about the fact that 80,000 votes were shifted from John Kerry’s name to George Bush’s name in Ohio; or, that in the same state of Ohio, in one district, there were only 800 people who were registered, but 4000 votes showed up on the ledger.

BB: About qui tam: I understand that when you file, the government has the option of taking the case, instead of the citizen who files. Is that true?

MP: Correct.

BB: Is there any chance that the government might take the case and then go ahead and spike it?

MP: You mean sit on it?

BB: Yes.

MP: Yes, that’s exactly everybody’s fear, and that’s what we are trying to work around right now. The answer is, yes, that could very well happen, and we’re doing the best we can to not allow it to happen. Interestingly enough, within 60 days they have to make a decision, the decision if they are going to take the case, and they have a right to have one extension, they can get one continuance for that decision, so that’s one thing we have to be very conscious of.

BB: That can leave the disclosure until after the election then.

MP: Oh, absolutely. We’re trying to do what we can in that regard too.

BB: It’s too bad it couldn’t have been filed a little bit earlier.

MP: We had to have the facts. You have to have the relator, you have to have the whistleblowers, without those you can’t really do anything.

BB: I want to thank you for doing this. I really appreciate it.

MP: Well thank you, and I appreciate what you’re doing. I’m very optimistic about what you’re doing, because I think there’s a real rise in the citizen media. Citizen media is replacing mainstream media, and I think it’s doing it a lot more aggressively, and a lot more successfully than anybody dreamed. If you look at the numbers right now, 60% of Americans don’t trust the news. 60% say that they don’t even believe that the news can be adequately reported because government or corporations don’t allow it to happen. So what happens out there, is that the market always takes care of itself. There is some truth to that. And the market right now is moving rapidly towards the same kind of citizen media that you’re involved with. It’s one of those events that I talked about earlier, which coalesces with other things that are happening, so citizen media does get a story like this out, and it’s very effective. It’s amazing.

So when you run this story, somebody somewhere might read it and they might say, “Well I have information,” and they call someone or they call us, and you have a whole new dimension to the case that develops. Every day, somebody inside one of these voter corporations is mistreated, becomes disgruntled, finds their conscience, gets fearful that they are going to be arrested — because all those things do happen — and every time another of these key people decides to do the right thing, we have a better chance of getting to the whole story, so what you’re doing has a dramatic effect.

BB: Well I hope so, I just want to save this country.

MP: [Laughing] Well, I thank you for that. I will keep you posted as this story develops. It’s not something that happens right away. I think people may believe things are going to happen so rapidly that it’s going to be a huge flash, it’s more like a smoldering fire. And that’s not such a bad thing.

BB: No, because sometimes a smoldering fire will do a lot more damage in the long run than a flash. I’m hoping that this will actually change the consciousness in America so that when everybody goes to vote they look carefully at what’s going on around them. If we can at least get it out there that these voting machine companies are being sued, then maybe there will be more attention paid during the 2006 election, even if the case hasn’t been concluded.

MP: Joy, let me ask you something. Just put yourself in the position of an insider. The number ten guy with a huge voting machine company. All of a sudden, you understand that we’re already going fairly aggressively against one of your competitors. And you as number ten person in that company have firsthand knowledge that the company is committing fraud, and that the fraud is resulting in people being disenfranchised — just totally being disenfranchised from the right to vote. If you are that number ten guy, and as you listen to the story unfold, there ought to be a certain pucker factor. That fear factor is what you should react to, rather than being somebody that is brought into a lawsuit or a criminal case. The thing to do is to come forward now, and let people know up front that, yes, you know about it, and, yes, you’re willing to help correct it.

BB: And that’s part of the message we need to get out….

MP: That’s it!

BB: You were saying the other day it’s “like the civil rights issue” I think this is the civil rights issue.

MP: Oh yes, it is the civil rights issue; it’s the heart of the civil rights issue. It’s what people were murdered for, why they had to march in lines where they had dogs sic’d on them, and tear gas thrown at them, and bullets shot over their heads, or sometimes into their bodies. There’s no difference from what’s happening here, it’s just that people don’t understand or react to the racial aspect of it. Because it’s not simply a racial issue, it’s a class issue.

BB: Exactly, it’s the poor, as well as minority groups, as well as anyone who might commit the crime of voting while Democrat.

MP: If you think that this is happening in upper middle class neighborhoods, where white people drive 15 minutes to vote, you’re wrong. The problem was in the places where people had to take buses, and walk and take taxicabs to go vote, and then they would have to stand in line for four hours.

BB: And they might not even be in the “right” line in the same polling precinct. In Ohio there were frequently two polling precincts in one place, like a high school gym, and people would get in the wrong line, wait four hours, and then have to go to the end of the other line.

MP: Yes… and, then when they get there, their name isn’t even on the voting roll. So those are the nuances. We have to handle the direct issue right now. The direct issue is, even when they got there, the voting was probably gamed after they voted.

BB: Do you think that ChoicePoint is pulling people’s names off the rolls in 2006 as they did in 2000 in Florida?

MP: Oh, I just don’t know that yet. There’s no way to tell yet.

BB: This whole story is so intricate and so complicated, if they game the system again in 2006, it’s going to be a lot harder to tell because there are so many small races compared to the big major races for President….

MP: You hit a very good point. The point is: What about the developer who wants to have two of his friends put on the county commission so he can build a new high-rise? Nobody wants the high-rise, but, if he can get his friends put on there, my God, he might stand to make $15 million. Isn’t that just as much of a threat? The local issue is not quite as important as the national, but it’s pretty damned important.

BB: And, if the poll workers can take these machines home and have a sleepover with them, you can have one person put in a nasty chip, and change the whole outcome of the race!

MP: And without any evidence at all, so there would be no way to tell.

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Democracy in Crisis – An Exclusive BRAD BLOG Interview with Robert F. Kennedy, Jr.

Posted in Brad Blog, General, Legal, RFK Jr. on July 18th, 2006

An Exclusive Interview for The BRAD BLOG as Guest Blogged by Joy and Tom Williams…

“The Republican Party, the Republican National Committee, has been using old-fashioned, Jim Crow, apartheid-type maneuvers to steal the last two national elections.”

– Robert F. Kennedy, Jr.

Recently, Robert F. Kennedy Jr., (bio) , wrote the article: “Was the 2004 Election Stolen” where he examined the election fraud in Ohio that took place during the last Presidential Election. He also has written a book “Crimes Against Nature: How George W. Bush & His Corporate Pals Are Plundering the Country and Hijacking our Democracy“. Mr. Kennedy, along with Mike Papantonio have filed a “qui tam” lawsuit against some of the voting machines companies, in an effort to save our Democracy.

I’ve long had a deep respect for Robert F. Kennedy for his dedicated work as an environmental advocate. Tom and I enjoyed interviewing him and were moved by his passion and dedication to our country and our Democracy. We spoke to him via phone at his office at Pace University’s Environmental Litigation Clinic in White Plains, New York, which he founded, about the election of 2004. This was an experience to remember…

BRAD BLOG: In your book, “Crimes Against Nature,” you said that Bush won the 2004 election because of an information deficit caused by a breakdown in our national media. You go on to say that “Bush was re-elected because of the negligence of-and deliberate deception by-the American press.” Your recent article in “Rolling Stone” seems to suggest that your opinion has changed, focusing more on the fraud and deception in Ohio with the computerized voting machines. What was the most important thing that made you suspect fraud and decide to investigate the 2004 election?

ROBERT F. KENNEDY JR.: Well, my opinion hasn’t changed, that the press has been negligent, and that the large amount of support for the President, and for the people that did vote for the President, that large numbers of them would not have done so, had they known the truth about his policies, and his record. You say my opinion changed, but it hasn’t changed.

You know I’ve known this for many years, because of my anecdotal experience. I give about 40 speeches a year, in red states to Republican audiences, and I get the same enthusiastic responses from those audiences as I get from Liberal college audiences. The only difference is, is that the Republicans often say to me, “How come we’ve never heard this before?” I made the conclusion many years ago that there’s not a huge values difference between Red State Republicans and Blue State Democrats. The distinction is really informational. 80% of Republicans are just Democrats who don’t know what’s going on. And my anecdotal conclusion was confirmed by a survey done immediately after the 2004 election called the PIPA report, which tested Bush supporters and Kerry supporters based upon their knowledge of current events. It found that among Bush supporters, they were widespread in its interpretations, or there were factual errors in the way that they viewed Bush’s major public policy initiatives.

For example, 75% of the Republican respondents believed that Saddam Hussein bombed the World Trade Center, and 72% believed that WMD had been found in Iraq. And most of them believed that the war in Iraq had strong support among Iraq’s Muslim neighbors and our traditional allies in Europe, which of course is wrong. The Democrats as a whole had a much more accurate view of those events. And then PIPA went back twice to these same people. The first time it went back to the people that had these misinterpretations, and asked them where they were getting their news, and invariably they said talk radio and FOX news. And PIPA went back a third time, and made inquiries about their fundamental values, and it did start with a string of hypotheticals:

What if there were no weapons of mass destruction in Iraq? What if Saddam Hussein had nothing to do with bombing the World Trade Center? What if the U.S. Invasion of Iraq had little support among Iraq’s Muslim neighbors and was largely opposed by Iraq’s Muslim neighbors, and by our troops and allies in Europe? Should we have still gone in?” And roughly 80% of Dem and 80% of Rep said the same thing, “We should not.” And so the values were the same. It was the facts, the information, it was the access to information that was different.

BB: Are you then adding a layer of suspicion about the direct manipulation and fraudulent counting through computerized voting?

RFK JR.: That also happened, that was another factor. Our democracy is broken. Our democracy is broken because of our campaign finance system, which is just a system of legalized bribery, which has allowed corporations and the very wealthy to control the electoral results. Let me go back and say our electoral system is broken for three reasons, in three large respects: The first is our campaign finance system, which is a system of legalized bribery, and which has allowed corporations and the very rich to control the results of our electoral process. Number two is the failure of the American press and that is also a function and result of corporate control, as I showed in my book. Number three is the election system itself, which is broken. We’ve privatized it and allowed four large corporations to count our votes on machines that don’t work.

But also the Republican party has inculcated a culture of corruption. The Republican party has adopted a strategy of denying votes to blacks and other minorities, and to other people more traditionally Democratic, suppressing Democratic vote and fraudulently expanding Republican vote. And this is happening all over the country. I would urge you to read Greg Palast’s latest book, Armed Madhouse. He does for the national elections what I did for the Ohio election, which is to synthesize the information that’s out there into a readable document, in which he shows exactly how this election was stolen-not just in Ohio but in many other states as well.

BB: Have any of your expert witnesses or anyone referred to some of the stringent requirements in the gaming industry which uses computerized slot machines, poker machines and so forth involving the levels of certification and disclosure of the security requirements of its vendors?

RFK JR.: Well, you see this was just another corporate boondoggle that gave the most venal mendacious corporations charge of our most sacred public trust, which is the right to vote. These corporations were making hundreds of millions of dollars. The machines, as it turns out, were manufactured by wireless companies and were just a cheap piece of junk that cost less than $100 to manufacture, and they were selling them for $2400 apiece. And they were using Jack Abramoff and other corrupt lobbyists to persuade federal officials to pass the federal act to appropriate the money and then to persuade state and local officials to purchase the defective machines.

BB: Jack Abramoff was involved in this?

RFK JR.: Oh yes. Jack Abramoff, and Bob Ney (R-Oh), the principle figure in the Abramoff scandal and he’s the author of the Help America Vote Act (HAVA). And Diebold contributed millions of dollars to these guys, including hundreds of thousands of dollars to Abramoff to lobby on behalf of HAVA, and to lobby states like New York and the other states, to adopt the Diebold machines.

BB: So HAVA was “created specifically to disenfranchise voters and verfication”?

RFK JR.: HAVA was written specifically to require the states to buy Diebold machines. I mean one company basically had control of the whole legislative process. That’s why HAVA has a provision in it that discourages vote verification by paper ballots. Both Republicans and Democrats tried to reform the HAVA, saying of course we should have paper verification of the vote. Paper verification would allow you to go in, make your vote on the electronic machine, and you get a receipt that is a copy of who you voted for and you are allowed to examine that receipt. You deposit it in a locked box in the voting area. That way, if there’s ever any question, if you need to count, you can count the papers, and see if it compares to what the machine says.

But Bob Ney fought tooth and nail against that provision because Diebold made a machine that does not provide a paper ballot. And he went so far, because Diebold contributed a million dollars to an organization that purportedly protects the rights of blind people. And in exchange for that, that organization got one of its officers to testify on Capitol Hill at the HAVA hearings, that blind people in America did not want paper ballots – voter verified ballots – because it would deprive someone of the right to vote secretly. Now the other organizations that support handicapped rights and rights of the blind, do not take that position. This was a position that that organization adopted after accepting a million dollars from Diebold. The whole operation was corrupt and now Bob Ney is going to jail for it.

BB: Also, speaking of those guys, election officials in several states, most notably Ken Blackwell in Ohio and Bruce McPherson here in the state of California, appear to be be deliberately flouting established law and procedures as well as direct court orders, and they seem to be just “getting away with it”. How can that be?

RFK JR.: Well, again, it’s because of the failure of the American press. This is the most important issue in American Democracy and the press isn’t covering it. So the politicians who want to fix the elections, and who want these fraudulent machines, can get away with it, don’t take a position because it gets no traction in the press.

BB:: But then why didn’t people like Kerry want to contest the results?

RFK JR.: You’d have to ask Kerry.

BB: Why hasn’t the DNC done anything about this?

RFK JR.: You’d have to ask the DNC.

BB: We watched Howard Dean on television having a hack demonstrated to him by Bev Harris, and he doesn’t seem to say anything… I guess we’ll have to ask them! But there seems to have been a pattern here in the leadership of the Democratic Party….What I was getting to in those questions was not for you to interpret the actions of the those in the DNC and so forth, but there seems to be a pattern in the leadership of the Dem Party that shies away from direct conflict in this….

RFK JR.: The Democratic leadership on this issue has been abysmal. And particularly since this is a civil rights issue and it’s a racial issue. The machines themselves are kind of a distraction because the machines are recent innovations. The Republican Party, the Republican National Committee, has been using, old-fashioned, Jim Crow, apartheid-type maneuvers to steal the last two national elections.

BB: Like in Georgia, who were trying to establish the Poll Tax again…

RFK JR.: And this has been happening all over the country. If you look at who’s being denied the right to vote, on absentee ballots, on provisional ballots, it’s Hispanics, it’s Blacks and it’s Native Americans, and the Democratic Party ought to be touting this as the biggest civil rights issue of our time. But they are ignoring it, and that really is shocking. It’s shocking that the Republicans are not up in arms about this too, because this should not be a partisan issue. This is a fundamental basis of our American value system, which is representative Democracy. For a party that claims to speak for “American Values” to ignore the fact that other members of the party, that the leadership of the party is involved in an active national campaign to stop black people from voting, and to steal elections, shows the moral bankruptcy of everybody in that party!

Why aren’t Republicans standing up and speaking on this issue? Why isn’t Republican leadership standing up and speaking on this issue?

BB: California [state recently re-certified] Diebold machines, all over the state. If California “goes” Republican, do you think we will be able to say, ok, there’s no doubt anymore?

RFK JR.: Listen: all I can say is that the Diebold machines are among the worst. They break down, they are easily hacked, Diebold uses fraudulent misrepresentations to sell the machines, and they should not be part of our voting system.

BB: Are there any plans on a national or state level to contest suspicious results this time around?

RFK JR.: They make it very difficult to contest crooked elections. Nebraska is one of several states that have now passed laws, and I believe Florida is one of those states, that prohibit counting paper ballots in votes that were originally counted by machines. The only way that you can count votes is the original way in which they were counted. And so, of course, that makes it easy to fix any election and make sure that nobody has the right to challenge it.

Many other states, including Ohio, have made it impossible for anybody to challenge an election, even if it was obviously fixed. And these kinds of initiatives are happening all over the country. Why would any state legislature vote for such a rule unless they were Republicans who felt that elections would be fixed in their favor? Why would any American vote for such a rule? It is completely anti-American and un-American. We should be encouraging Americans to vote and encouraging EVERY American to cast a vote and to make sure that every vote is counted. And both parties should be working toward that.

But instead you have a Republican party that is trying to suppress votes and trying to defraud the public. And you have a Democratic party that is like the deer in headlights. And the Democrats are never going to win another election if they don’t fix this issue because they are starting out every election with a 3 million vote deficit, and those are mainly the black voters in this country and who no longer have their votes counted.

And you know, this may sound shrill, but look at the facts. And I challenge anyone who says that this is shrill and inaccurate to read Greg Palast’s book, to read my article, to look at the facts, because the facts are infallible.

BB: Do you think we are going to need a reaction like they are having currently in Mexico?

RFK JR.: Well, I wish the Democratic Party had the cojones that the Mexican opposition party has! They’re saying “We’re not gonna stand for our elections being stolen anymore!” It’s great for these (our) political leaders to stand up and say “I will gracefully concede” but what does that mean for the rest of us? We are getting stuck with these governments that are absolutely running our country into the ground.

BB: You said in your recent interview with Charlie Rose, that this is the worst Presidency we’ve ever had, and they’ve ruined our reputation in the world. So if you had your ideal President, what kind of things would he or she need to do to restore our credibility?

RFK JR.: Well the first thing we need to do is to restore American Democracy.

Number One: Fix the campaign finance system to get corporate money out of the electoral process. Corporations are a great thing for our country. They drive our economy but they should NOT be running our government because they don’t want the same thing for America that Americans want. Corporations don’t want democracy, they want free markets, they want profits, and oftentimes the easiest path to profits is to use the campaign finance system to get their hooks into a public official and to use that public official to dismantle the marketplace to give them monopoly control and a competitive edge and to privatize the commons-to steal our air, our water, or our public treasury, and liquidate it for private profits.

Number Two: We have to fix the press: restore journalistic ethics in this country, and that is by bringing back the fairness doctrine and strengthening the FCC. The Fairness Doctrine was abolished by Ronald Reagan in 1988, and it recognized that the airwaves belong to the public; that the broadcasters can be licensed to use them to make a profit, but they use them with the proviso that their primary obligation is to advance democracy and promote the public interest. They have to inform the public because a democracy cannot survive an uninformed public. As Thomas Jefferson said, “An uninformed public will trade a hundred years of hard-fought civil rights for a half an hour of welfare.” And they will follow the first demagogue or religious fanatic that comes along and offers them a $300 tax break.

Number Three: We have to fix our electoral system so that every vote is counted. Those are the first three things that any President should do, Republican or Democrat, to restore American Democracy.

BB: Now all these state laws that are being put in place could be trumped by Congress…

RFK JR.: Of course, we should have a federal law that creates federal standards for elections. All federal elections have to be verified by paper ballots. Election officials, whose job is to ensure the integrity of federal elections, cannot simultaneously serve as campaign managers or candidates who are participating in that contest. Many states already have that rule, but Florida and Ohio do not. It’s a formula for corruption!

BB: In summary, how optimistic or pessimistic are you about our ability to get our country back?

RFK JR.: Well, you know, my attitude is that I don’t try to predict the future, I can only say that those of us who care about this country have to keep fighting, and whether you think you’re gonna win or lose, you gotta just keep slugging and you gotta be ready to die with your boots on, because that’s what our forefathers did, they started a revolution, and they put their fortunes and their lives at stake. And we need to summon the same kind of courage from our generation, and demand that kind of courage from our leadership.

BB: And we have to get that message out to the Democratic leadership as well.

RFK JR.: And that’s what you guys are doing….

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FIRST RFK JR. VOTING MACHINE WHISTLEBLOWER LAWSUIT NOW FILED IN FEDERAL COURT! NEW DETAILS!

Posted in General, RFK Jr. on July 13th, 2006

Attorney Papantonio on Mike Malloy Show: ‘We’re gonna shut down some of these companies’!
Excoriates ‘Indolent Democrats’ and ‘Lazy Media’ for Not Taking Action; Lauds BRAD BLOG for Putting Issue on ‘Radar Screen’…

The first of several federal whistleblower qui tam (fraud) suits have now been filed against one of America’s major electronic voting machine companies, The BRAD BLOG can now report.

Florida attorney Mike Papantonio who, along with Robert F. Kennedy Jr. hosts Ring of Fire, weekends on Air America Radio, was a guest on Mike Malloy’s radio program last night (complete audio linked at the URL below.) He discussed the upcoming whistleblower suits that he and Robert F. Kennedy Jr. are filing against several of the voting machine companies. Pap was loaded for bear.

During the interview, he gave several new details on the federal fraud suits now being filed, which include several whistleblower plaintiffs whose stories were originally reported here at The BRAD BLOG, as mentioned last week in a quick item here with some fresh details of our own. Pap reported last night that the “dream team of lawyers” they’ve assembled to take on these evil, irresponsible, anti-American companies includes a bunch of those who took on the tobacco companies in a successful quarter billion dollar suit — so they’re not likely easily intimidated we’d think.

Papantonio is a senior partner at Levin Papantonio Thomas Mitchell Echsner & Proctor, P.A., a Pensacola lawfirm. RFK Jr. is also an “of counsel” member of the firm.

Speaking of the level of fraud to be revealed by the suits, which must be sealed by law for 60 days as the Attorney General decides if they will join the complaint, Papantonio told Malloy: “When you hear the details, when you hear the caliber of the fraud…you…it’ll make Americans feel like their living in a damned banana republic, a third world country. I have never heard such outrageous facts.”

“And you know what?,” he continued, “We’ve had our investigators look at it. We verified everything. And when you hear it, you’re gonna say, ‘Not in America.’ …Bad news is: Yeah, it is in America.”

The fraud suits, Papantonio said, are “a way to get at their money, and that’s the only thing these people understand.”

“At the end of the day, we’re gonna shut down some of these companies,” Papantonio said. “Some day these hacks are gonna be across the table from me, and they’re gonna have to answer the questions that nobody else has been able to ask them.”

Pap excoriated the DNC, “the indolent Democrats and the lazy media,” for not participating in any of this and decried the fact that he and RFK Jr. were essentially forced to take action on their own given the Dems failure to do anything.

He also spoke of the voting machine “sleepovers” about which we’ve been reporting here in detail of late. As well, he had several kind words for this website and several other election integrity groups. “Unless you had these organizations out there like Black Box Voting or BRAD BLOG, people like that paying attention to this, this wouldn’t even be on the radar screen,” he said…

FULL STORY, COMPLETE AUDIO INTERVIEW:
http://www.bradblog.com/?p=3065


Brad Friedman
THE BRAD BLOG – The uprising continues…
http://www.BradBlog.com
VELVET REVOLUTION – The revolution begins…
http://www.VelvetRevolution.us

The BRAD BLOG – http://www.BradBlog.com <> The BRAD SHOW – http://www.BradShow.com <> VELVET REVOLUTION – http://VelvetRevolution.us

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Democracy Crisis – Election 2006: Will All Votes Count?

Posted in General on July 13th, 2006

The One-Two Punch: Disenfranchise Voters & Miscount the Votes
A. Disenfranchisement: Suppress the Vote!
B. E-Voting Problems: Many Different Systems, Different States, Different Elections
C. What You Can Do
D. Voting Systems: Election integrity requires openness & transparency.
E. The Elephant in the Room
F. Common Cause Recommends
G. Online Videos & Interactive
H. Books
I. The BEST Websites & Online Resources

A. Disenfranchisement: Suppress the Vote!
Information in this section, except where noted, is from Greg Palast’s “Armed Madhouse”Over 3 million votes were cast but never counted in the 2004 presidential election. Millions more were lost because voters were prevented from casting their ballots – including those illegally denied registration or wrongly purged from the registries. The new black boxes played their role… but the principal means of the election heist – voiding ballots, overwhelmingly of the poor and Black, Native Americans and Hispanics – went unexposed, unreported and most importantly, uncorrected and ready to roll out on a grander scale in 2008. (All information on this page, except where noted, is from Greg Palast’s “Armed Madhouse”).Provisional Ballots Rejected: About 1.1 million. Provisional ballots are given if there are problems with the voter’s registration or ID, if there is an error in the voter rolls or if they are “challenged” by GOP. Provisional ballots should be counted unless there is evidence the voter was lying – which is extremely rare.

Spoiled Ballots: About 1.4 million punch-card, optical scan, and e-vote ballots were cast but not counted. About ¾’s of a million African-American votes were not counted, about ¼ of a million Hispanic and Native American votes were not counted. Remaining 400,000+ uncounted votes belonged overwhelming to the poor.

In New Mexico the margin of victory for the Presidential race was 5,988 votes. E-voting machines in Kerry-leaning precincts failed to properly register a presidential vote on more than 20,000 ballots.

Absentee Ballots Rejected: Over half a million in 2004. In swing states, absentee ballot shredding was pandemic. (Florida conveniently labels the voter’s party on the ballot envelope).

In Arapahoe County, Colorado, three times more absentee ballots mailed to Democrats “failed to return” as compared to Republican ballots. Voters from Kerry precincts were 265% more likely to have their absentee ballots tossed out when they did arrive at the clerk’s office.

Voters Barred from Voting: Incompetence and trickery that prevented people – primarily racial minorities, low-income voters, and Democratic voters – from voting included: Destroying voter registrations * Failing to process registrations in a timely manner * Illegally re-registering Democrats as Republicans
* Illegal purges of voter rolls * GOP challenges to voter registrations via ‘caging’ * Voter intimidation and misinformation campaigns * Forgot to mail absentee ballots in Florida, Ohio, and to nearly 3 million Americans living abroad * Phone-jamming Democratic candidate lines provided to help voters having problems on election day * Creating impossibly long lines at the polls as a result of GOP challenges to voters; too few functioning voting machines; changing polling station locations; merging polling stations to save money * GOP volunteers ‘picked up’ absentee ballots from Democratic voters.

In what may be the single most astounding fact from the election, 1 in every 4 Ohio citizens who registered to vote in 2004 showed up at the polls only to discover that they were not listed on the rolls. (Robert F. Kennedy, Jr., “Did Bush Steal the 2004 Election?” Rolling Stone)

B. E-Voting Problems: Many Different Systems, Different States, Different Elections.
Dozens and dozens of instances of electronic voting machine malfunctions & instances of malfeasance have occurred and are catalogued at VotersUnite.Org and VoteTrustUSA.org. Just a few are listed here:1. New Elections Needed after Electronic Voting Failures.A memory limitation on paperless Unilect Patriot voting machines caused 4,438 votes to be permanently lost in North Carolina (2004).1

AVS WINVote computers at some polling places failed to start up, others overheated and broke down during the election in Mississippi (2003).1

2. “Phantom” Votes Added by Electronic Voting Machines.

After the 2004 General Election, phantom votes (more votes than voters) were reported in Florida, Nebraska, New Mexico, Ohio, South Carolina, North Carolina, and Washington. In North Carolina Microvote DREs showed nearly 3,000 more votes than voters; in New Mexico Sequoia AVC Edge DREs showed over 2,700 early voting phantom votes.1

Hart Intercivic machines in Tarrant County, Texas recorded an additional 100,000 votes that were never actually cast in 2006 Primary Election (Formal challenge to results has been filed).1

3. Bugs!

ES&S vote-tallying software counted to 32,767 and then counted backwards in November 2004 elections: 70,000 votes temporarily disappeared in Broward County, Florida; 8,400 votes in Orange County, Florida; and 22,000 votes in North Carolina.1

4. Votes Jump to the Opponent on the Screen

In the November 2004 hundreds of votes jumped from Bush to Kerry in New Mexico (Sequoia), Maryland (Diebold) and elsewhere. Some voters could correct the problem, some did not.1

5. DRE’s Present Incorrect Ballots to Voters

In March 2004, the US Senate contest in Maryland was omitted from ballots in three counties.1

6. Negative Votes Added to Tally

In Volusia County, Florida in 2000, Al Gore’s count dropped by 16,022 votes, while an obscure Socialist candidate picked up 10,000 votes at 10:30 PM on election night. Global Election Systems explained that two memory cards had been uploaded; there should have only been one memory card uploaded; the second card caused the problem. (BlackBoxVoting.org).

7. DREs Pass Pre-Election Testing, Fail on Election Day

In Mercer County, Pennsylvania all 250 UniLect Patriot machines had been checked and rechecked. On election day some machines never operated, some offered only black screens.1

8. Programming Errors Give Votes to the Wrong Candidate (Vote Switching)

Ballot programming determines how a touch on a screen or marks on a ballot are translated into votes counted by the machine. In November 2000, 67,000 absentee and early-voting ballots were counted incorrectly by a Diebold optical scan machine in New Mexico. ES&S machines miscounted votes in North Carolina in 2004; in New Mexico in 2002; in Kansas in 2002.1

9. Voting Machines Present a Default Candidate (Electronic Version of a Pre-Marked Ballot).

Election officials in Travis County (Austin) Texas, set up Hart Intercivic eSlate DREs so that voters who voted straight party Democratic ticket and pressed ‘enter’ on the next screen – caused their Kerry/Edwards vote to be changed to the default candidate -> Bush/Cheney.1

10. Voting Machines Do Not Count Some Votes

Voters claimed that machines failed to register votes for incumbent school-board member, Rita S. Thompson ( R ), who lost an election in Fairfax, Virginia by 1,662 votes. Election officials observed that one of the questionable machines appeared to subtract a vote from Thompson for about one out of every 100 attempts to vote for her.2

1. VotersUnite.Org: “Facts About Electronic Elections”
PDF File: http://www.votersunite.org/info/Electron…

2. Common Cause: “Election Reform: Malfunction and Malfeasance”

C. What You Can Do 1. VOTE! GET ALL ELIGIBLE VOTERS YOU KNOW TO VOTE! We are most likely to detect malfunction or malfeasance if there is massive voter turnout. Let’s top the turnout from 2004!2. Contact election officials in your county or state by email, phone, private letter or LTTE to tell them your concerns and to tell them what you want.

3. Watch videos and/or read more about election malfunction and malfeasance (& how to ensure free and fair elections) on the excellent websites & books listed at the end of this document. Educate your family and friends. Print out the best material and take it to your local political party, candidates, and progressive groups and activate them!

4. Check for organizations that may already be active in your area and join them! In Indiana: NAACP, People for the American Way, Common Cause, and League of Women Voters should all be working to enfranchise eligible voters and make sure all votes are counted.

5. Contact your local political party and local progressive organizations to educate and activate them!

6. Help register eligible citizens to vote and educate them about their rights & responsibilities.

7. Participate in elections as a poll-worker or poll-monitor.

8. Conduct exit polls or parallel elections.

9. Learn about election laws and policies in your county and state. Then collaborate with/challenge election supervisors in your county/state to ensure that voters are not disenfranchised, and to ensure that votes are cast and counted accurately.

10. BE PREPARED TO TAKE ACTION AFTER ELECTIONS. If our government truly derives its power from the consent of the governed, then we the people must not allow the results of tainted elections to stand. Elections are not about profit and loss; they are not about which party or candidate wins or loses; they are about the essence of democracy. There are lives in the balance.

D. Voting Systems: Election integrity requires openness & transparency.Election integrity cannot be assured without openness & transparency. Yet, computerized voting systems prevent even election supervisors from observing all aspects of an election.What do we want?
VVPBs (Voter-Verified Paper Ballots) & MMRAs (Mandatory Manual Random Audits)!

Paper Ballots, Hand Counted: The gold standard for openness and transparency! A 2001 CalTech/MIT study concluded that hand-counted paper ballots have the lowest average incidence of spoiled, uncounted, and unmarked ballots. While this sounds like going back to the dark ages – it may be the most realistic option for November 2006 for all counties that have electronic voting machines without paper trails.

Precinct-Count Optical Scan Systems: Once voters mark their paper ballots, they insert them into the optical scanner at their precinct. Ballots that cannot be read are rejected and the voter gets a fresh ballot, virtually eliminating spoiled ballots. Votes are counted in the scanner’s (computer) memory. Ballots are stored in an attached, locked metal box, available for automatic, random audits to check for programming and tallying accuracy and recounts.

Direct Recording Electronic (DRE) Voting Machines with VVPB: A voter’s choice is captured both internally, in electronic form, and printed on a paper ballot. The ballot can be checked by the voter before being submitted. The paper ballots would count as the actual votes, taking precedence over any electronic counts and would be available for audits and recounts. (Warning: About 1/3 of voters do not check the printed ballots, assuming that they must be accurate. Not true!)

“Direct Recording Electronic” (DRE) Voting Machines without VVPB: The ballot appears on a display screen and votes are captured and stored electronically. An election without Voter-Verified Paper Ballots cannot be open and transparent. When election officials state that they are satisfied with the accuracy and reliability of DRE voting systems, they are able to do so only because there is virtually no way to detect errors or deliberate election-rigging without VVPBs.

E. The Elephant in the RoomThe history of elections in the U.S. not a source of pride. To learn more, read “Steal This Vote: Dirty Elections and the Rotten History of Democracy in America” or “Deliver the Vote: A History of Election Fraud, an American Political Tradition 1742-2004”.1If we had a color scheme to express how dirty elections have been over time, I would argue that right now we are experiencing a CODE RED, because a small, fanatical group of Republicans, spread out across the U.S., encouraged by right-wing think tanks, is using economic and racial discrimination to get away with disenfranchising millions of voters and neglecting or manipulating the voting systems to steal elections.

Paul Weyrich, co-founder of the Heritage Foundation and the Free Congress Foundation was taped while speaking in private, at a church, to Republican activists: “How many of our Christians have what I call the goo-goo syndrome? Good government! They want everybody to vote! I don’t want everybody to vote. Elections are not won by a majority of people, they never have been from the beginning of our country and they are not now. As a matter of fact, our leverage in the elections, quite candidly, goes up as voting populace goes down.” 2

Mr. Weyrich sounds different in an article entitled “Easy Voting Brings Low Participation”: “Former Presidents Gerald Ford and Jimmy Carter have come up with a series of recommendations aimed at increasing participation in national elections. Among the proposals the former presidents have put forth are (a) to hold elections on a national holiday, such as Veterans Day; (b) to make convicted felons eligible to vote after they have served time; (c) to permit people who aren’t on the voter rolls on Election Day to vote, sorting out their eligibility in the days after the election…. I am glad that Pres. Bush’s reaction has been lukewarm…. The truth is simply this: The easier we have made it to vote, the lower the voter participation.” 3

Jeff Horwitz reports: “One recent Sunday, at Morton Blackwell’s Leadership Institute, a dozen students meet…. All are earnest, idealistic and as right wing as you can get. They take careful notes as instructor Paul Gourley teaches them how to rig a campus mock election. “Can anyone tell me,” asks Gourley, “why you don’t want the polling place in the cafeteria?” Stephen, a shy antiabortion activist sitting toward the rear of the class, raises his hand: “Because you want to suppress the vote?” The students, strait-laced kids from good colleges, seem unconvinced. The lesson — that with sufficient organization, the act of voting becomes less a basic right than a tactical maneuver — doesn’t sit easy with some students at first. Gourley, a charismatic senior from South Dakota and the treasurer of the College Republican National Committee, assures them: “This is not anti-democracy. This is not shady. Just put somewhere where you might have to put a little bit of effort into voting.” The rest, Gourley explains, is just a matter of turnout. Yet Blackwell’s foundation, the Leadership Institute, is not a Republican organization. It’s a nonpartisan 501(c)(3) charity… Despite its legally required “neutrality,” the institute is one of the best investments the conservative movement has ever made. Its walls are plastered with framed headshots of former students — hundreds of state and local legislators sprinkled with smiling members of the U.S. Congress…. Thirty-five years ago, Blackwell dispatched a particularly promising 17-year-old pupil named Karl Rove to run a youth campaign… Over the last 25 years, more than 40,000 young conservatives have been trained at the institute ” 4

Indiana Secretary of State Todd Rokita: “It is difficult to say exactly why Americans are so apathetic about voting. Some suggest that the processes of registering and voting are too difficult or confusing. I disagree. In recent years, the acceptance of procedures such as early voting and voting by mail have made it even more accessible to Americans. But an increase in the promotion and use of these techniques has not been followed by an increase in voter turnout. Just the opposite is true.” 5

1. Read a condensation of Deliver the Vote: A History of Election Fraud, an American Political Tradition 1742-2004. http://www.bloomingtonwilpf.org/agenda.h…

2. Audio played on The Thom Hartmann Radio Show, syndicated by Air America Radio

3. Easy Voting Brings Low Participation – http://www.freecongress.org/commentaries…

4. My Right-Wing Degree – http://dir.salon.com/story/news/feature/…

5. IN SoS Press Release 9/5/04 – http://www.in.gov/sos/press/old/09052004…

F. Common Cause Recommends…I’ve abbreviated the Common Cause recommendations about Free & Fair Elections. If you are going to fight the battle about securing the voting machines you need to read much more about the systems at VotersUnite.org and VoteTrustUSA.org…TO ENSURE FREE AND FAIR ELECTIONS, Common Cause recommends:

Reduce Partisanship and Conflict of Interest in Election Administration.

Enforce Laws Prohibiting Voter Suppression/Intimidation: State and local governments need to make strong statements about protecting the rights of voters and to enforce existing laws and prosecute illegal activities. Establish transparent, fair, statewide standards for challenges, including penalties for partisan or otherwise frivolous challenges.

Voter Education: Voters should receive written information about their voting rights and location of their polling place prior to Election Day or any early voting period. New registrants should receive timely notification of their registration status after registering to vote. Correction of errors in registration should be allowed up to and including Election Day. Poll-workers should be trained thoroughly so that they provide accurate information to voters.

ID Requirements and the Voter Databases: The process of establishing and maintaining the databases must be open to the public. A voter cannot be purged from voting rolls unless there is direct communication from the voter, the registrar of another state, or from the courts. Voters should easily be able to confirm their presence on the voter rolls by phone or on the Internet.

Develop Uniform Statewide Provisional Ballots Standards: Every provisional ballot cast by an eligible voter should be counted and the HAVA-required notification system should be implemented.

Fix, Replace, Test and Maintain Voting Machines Ballot definition files are not independently tested prior to the election. Extensive pre-testing could reduce the possibility of malfunction or malfeasance.

TO ENSURE SECURE AND RELIABLE VOTING MACHINES, Common Cause recommends:

The US Congress should immediately pass HR550, “The Voter Confidence and Increased Accessibility Act of 2005” and/or states should pass laws or adopt regulations that: (1) require all voting systems to produce a VVPB, (2) mandate that the VVPB is the ballot of record, (3) establish a requirement for mandatory manual audits in at least 2% of randomly-selected precincts, and (4) establish funding to implement VVPB voting systems. (5% to 10% precinct audits would be better!)

State election officials should, wherever possible: immediately retrofit DREs with printing systems to produce a VVPB, and use those ballots in audits – OR – decertify DREs that cannot provide VVPB and turn to other voting systems such as optical scan machines for the November elections.

Election officials should take necessary steps to safeguard machines prior to Election Day.

Voters should be encouraged to vote on paper whenever possible. If facing the prospect of voting on paperless DREs in November, they should advocate for change with local election officials well before the election. If that does not work, where possible, voters should vote by absentee ballot / early voting.

Regardless of the voting equipment in a jurisdiction, citizens should VOTE. While there is a chance that a vote won’t be counted if cast on a paperless DRE, not voting at all will assure that it is not.

G. Online Videos & InteractiveVotergate: The Movie
http://www.votergate.tvCNN’s Lou Dobbs’ coverage of e-voting
http://www.votetrustusa.org/index.php?op…

Catherine Crier – CourtTV
Defending Our Democracy I
Defending Our Democracy II

Mark Crispin Miller speaks at U. Mass.
http://www.archive.org/details/mark_cris…

ACLU Freedom Files: Voting Rights
http://www.aclu.tv

ACLU Virtual Voting Booth
http://www.aclu.tv/votinggame

Democracy’s Ghosts
http://www.democracysghosts.org

I. The BEST Websites & Online ResourcesVotersUnite.org http://www.votersunite.org
E-VOTING 2006: The Approaching Train Wreck * Excellent Reports: Mythbreakers: Facts About Electronic Elections * Voting system failures by vendor * Vote-Switching and Ballot Definition ProblemsVoteTrustUSA.org http://www.votetrustusa.org
Daily News * State-by-State News Archive * Election Integrity Weekly Newsletter * Poll Monitors’ and Poll Workers’ Guide to E-Voting

VerifiedVoting.org http://www.verifiedvoting.org
Resolution on Electronic Voting * Election Administration Project: Best Practices for Reliable Election Systems. * Election Incident Reporting System (EIRS) * Election Protection Questionnaires: Local & State Election Officials, Pre-Election Testing

Common Cause http://www.commoncause.org
Excellent report: “Election Reform. Malfunction and Malfeasance – A report on the electronic voting machine debacle.” Vote for America, a non-partisan voter education and mobilization program.

People for the American Way: Civic Participation http://www.pfaw.org
Election Protection Program offers: volunteer poll monitors; civil rights lawyers and advocates who expose and prevent voter intimidation; work with election officials to identify and solve problems with voting machines, technology and ballot forms.

League of Women Voters: Election Reform http://www.lwv.org
American Democracy at Risk: Agenda for Renewal and Repair includes recommendations for election reform and advocates nonpartisan redistricting, safeguarding civil liberties.

Brennan Center for Justice http://www.brennancenter.org
Excellent reports: “The Machinery of Democracy: Protecting Elections in an Electronic World” & “Verification Processes for Voter Registration”

Voter Action http://www.voteraction.org
Provides strategic and legal support to ensure verifiable, accurate and transparent voting systems. Has supported lawsuits in Arizona, California, Colorado, New Jersey, New Mexico, New York, Pennsylvania.

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Congresswoman ‘Apologizes’ for Not Taking Allegations of Stolen 2004 Election Seriously!

Posted in General, TAKE ACTION! on June 16th, 2006
Was it Stolen? ‘Only Answer is Yes,’ says Schakowsky who Claims DCCC to Announce Steps Soon to Avoid ‘Repeat Performance’
EXCLUSIVE: Complete Text of Prepared Remarks from today’s ‘Take Back America’ Conference…

I just got off the phone with Congresswoman Jan Schakowsky (D-IL) who reportedly wowed ’em a few hours ago during her speech (posted in full below) on the closing afternoon of the “Take Back America” conference being held in Washington D.C.

In her remarks, Schakowsky apologized for “not taking seriously enough the allegations that the 2004 election was stolen.” She now feels it was, and claims that the Democratic Congressional Campaign Committee (DCCC) will be launching an initiative. From today’s speech:

I apologize for not taking seriously enough the allegations that the 2004 election was stolen. After reading Bobby Kennedy’s article in Rolling Stone, “Was the 2004 Election Stolen?”, I am convinced that the only answer is yes. He documents how 357,000 Ohio voters, the vast majority Democrats, “were prevented from casting ballots or did not have their votes counted…more than enough to shift the results.” Watch for the DCCC to take some very public steps in the near future to ward off a repeat performance. In the meantime, there needs to be a citizens’ effort starting now to assess the machines, the ballots, the registration process within each and every election jurisdiction in each and every swing district and state, in the case of Senate races. Where the situation looks perilous, go to the media, raise a stink, demand changes. This is a great project for the many of you who have been diligently working to guarantee fair and accurate elections.

Raise a stink? Can do. So can you! Sign Velvet Revolution’s petition declaring “No Confidence” in the Busby/Bilbray race!

(Hat tip to my buddy Peter B. Collins, who is in DC to cover the conference, for his quick phone call alert after Schakowsky’s speech earlier this afternoon!)

Schakowsky’s prepared statement from today’s Take Back America conference speech follows in full…

TAKE BACK AMERICA CONFERENCE – June 14, 2006

Remarks of Congresswoman Jan Schakowsky

My topic today is “Closing the Deal.” Closing the deal. I believe that on November 7, Democrats can be in the majority in the Congress – both Houses. And I believe that the activists and leaders who are here today can make it happen. I am optimistic – cautiously optimistic.

At long last, nearly everyone in our country sees what we’ve seen for a long time. Let’s just tick off a few of the problems of their own making that the Republicans face, beginning but not ending with the calamitous war in Iraq. During the time of this panel – one hour – your tax dollars will have contributed to the $11 million the U.S. spends in Iraq every hour – 24/7. And between Iraq and Afghanistan , the equivalent of one battalion of soldiers (600) is killed or injured each month. Move on to gas prices, heating costs, unaffordable health care, the Medicare Part D disaster. Katrina, Guantanamo Bay, Halliburton, Abu Ghraib; college tuition, the NSA spying on everyone (and proud of it), tax cuts just for the Paris Hiltons, drilling in ANWR, global warming, the 9/11 Commission failing grades, Dubai ports deal, stagnant or falling wages, everyone around the world hates us, Jack Abramoff, relentless attacks on women’s reproductive rights, labor unions, affirmative action, gays and lesbians, civil rights and civil liberties. You know, after a while it starts to add up. These guys have got to go.It’s no wonder the President’s approval, even after getting al Zarqawi, continues to slip. I don’t know if Bush is the worst President in history. I’m not an expert on the Presidents. As far as I know, there may have been less intellectual Presidents. There may have been more incompetent Presidents or one or two with worse judgment or more reckless or less curious. I don’t know about Chester Arthur or Millard Fillmore. Herbert Hoover was certainly delusional about the economy and James Polk allegedly manufacturing the war with Mexico. But it never mattered as much as it does now. The decisions of the President of the United States, you know, the Decider, have never been more consequential than they are today. While military misadventures of the past certainly claimed many innocent lives, it is only in recent times that the result could be worldwide death and destruction. There may have been Presidents more contemptuous of science, though I doubt it. But nothing else ultimately matters if our planet becomes incapable of sustaining human life. Even the most upscale gated communities can’t protect him and his friends. In the most profound ways, this President and his rubber stamp Congress are proving that elections really do matter. You would think that the real question is how can we lose? The answer is we’ve already proven it can be done. Even when we win, we lose. Fool me once…or whatever the President tried to say. This is no time to play the fool. We need to close the deal. Our challenge, particularly the challenge of the progressives and activists here at this great conference, is not crafting the overarching thematics of the campaigns. Fortunately, the big theme is change, and the goal to put this failed President on every ballot, so far, seems to be working.

For us, it must all be about execution.

1) First, we must not allow the Republicans to steal the election-again.

2) We have to mobilize the voters who are already with us, and run picture perfect, aggressive, leave no voter behind GOTV, Get Out the Vote campaign.

3) We have to persuade the persuadables. (I’ll go more into each of these.)

4) We have to travel. I’ll tell you about the Committee of 100 in my district.

5) We need to keep our eyes on the prize – beating the Republicans.

1) Stealing: I apologize for not taking seriously enough the allegations that the 2004 election was stolen. After reading Bobby Kennedy’s article in Rolling Stone, “Was the 2004 Election Stolen?”, I am convinced that the only answer is yes. He documents how 357,000 Ohio voters, the vast majority Democrats, “were prevented from casting ballots or did not have their votes counted…more than enough to shift the results.” Watch for the DCCC to take some very public steps in the near future to ward off a repeat performance. In the meantime, there needs to be a citizens’ effort starting now to assess the machines, the ballots, the registration process within each and every election jurisdiction in each and every swing district and state, in the case of Senate races. Where the situation looks perilous, go to the media, raise a stink, demand changes. This is a great project for the many of you who have been diligently working to guarantee fair and accurate elections.

2) GOTV: “Intensity equals turnout.” That is one of the political truths that we must NOT rely on. The Republicans learned about grassroots organizing from us and learned it well. We must count on their willingness and capacity to drag out their voters. There is a reason that they are throwing red meat at their base – Constitutional Amendments on same-sex marriage and Flag burning, and demonizing immigrants. They are attempting to motivate and mobilize their base voters. They also successfully targeted individual Republican voters in Democratic precincts, not just relying on larger demographic data. Their operation was often more sophisticated than ours. But we know how to do mobilization. It’s grassroots, door-to-door campaigns that enable us to beat them on the ground. Air strikes – radio and TV, just get you so far; the personal contact drives home the point. As great as job as we did in 2004, we need to do it more and better.

3) PERSUASION: In 2004, the Republicans left no constituency untouched. Their goal was to shave off just enough points from Jewish voters or Hispanic voters. For the first time, they won the majority of Catholics. Why did we lose Catholics? They had a Catholic strategy, and we didn’t. I’m told that Karl Rove met with selected Bishops and lay leaders on a weekly basis. Millions of “Voter Guides for Serious Catholics” were distributed both inside churches and, if that wasn’t an option, outside the churches. It says, “This voter’s guide identifies 5 ‘non-negotiable’ issues and helps you narrow down the list of acceptable candidates, whether they are running for national, state, or local offices. Candidates who endorse or promote any of the 5 non-negotiables should be considered to have disqualified themselves from holding public office, and you should not vote for them.” “It is a serious sin to endorse or promote any of these actions: 1. Abortion 2. Euthanasia 3. Fetal Stem Cell Research 4.Human Cloning 5. Homosexual “Marriage.” Who produced and paid for the distribution of these Voter Guides? Religious leaders? Forget it. This campaign was run by political operatives, armed with political money to defeat John Kerry and other Democratic candidates.

Well, we know how to produce voter guides. We know how to pass out voter guides. I’m no expert on Catholic teachings, but I didn’t see anything here about poverty, or health care or the dignity of work. Shame on us when we don’t compete at all.

4) We have to travel. If you live in a safe Democratic district like mine, you need to consider every candidate in every winnable district as our candidate – at least adopt one or more of those candidates as your own. Let me tell you about an effort I’m helping build in my district called the Committee of 100. It started in 2004 with a group of activists, many first time activists, who called themselves the Kerry Travelers. Since Illinois was solidly blue, we were able to send over 1200 people to various cities in Wisconsin to go door-to-door for John Kerry, helping to put him over the top. No moping for them after the November election. They created the Committee of 100, 100 people who each agreed to contribute between $100 and $250 to a Congressional candidate and go work in a swing district – mine being blessedly safe. We just met last Sunday. So far they have recruited 200 people and are aiming for 1,000 by election day. Representatives from the campaigns of 4 Democrats running for Congress in Illinois came and made pitches for their candidates. Canvass days were announced for each of them, and people signed up to travel to their districts. Much of the organizing for the Committee of 100 takes place on the internet, but this is no virtual community. You can do it too, and my young political director, Alex Armour, would be happy to help you get started.

5) Finally, we all need to resist, as hard as I know it is at times, griping about the Democrats, one, because it’s takes time away from the real work of defeating the Republicans, and two because it’s counterproductive, demoralizing the very people we need to be engaged and enthusiastic. I am not necessarily talking about staying away from primaries. I refer to the time spent complaining about this or that performance, how we’re not tough enough, we’re not articulate enough, we are too wishy-washy. I agree that those critiques are often true. But keep in mind this one thing. Right now we are winning! We are not doing everything wrong.

I refer you to an article in the May Washington monthly by Amy Sullivan, called “Not as Lame as You Think, Democrats learn the art of opposition.” Let me read just a few lines. “…the truth is that Newt Gingrich and the Contract loom so large – and today’s DC Democrats seem so small – largely because of the magic of hindsight. Back in 1994, Republicans were at least as divided as Democrats are now, if not more so…As for unity of message, the now-revered Contract with America didn’t make its debut until just 6 weeks before the election.” She goes on to say that “On virtually all of the major slips this White House has made in the past year, there have been unnoticed Democrats putting down the banana peels.” She gives as an example the Dubai port deal. “If you read the press coverage of the story, you would have thought the issue surfaced on its own. In fact, however, the story was a little grenade rolled into the White House bunker by Sen. Chuck Schumer…who had been tipped off by a source in the shipping industry.” After it became a story, the President went on TV and asked the American people if they really thought he would support any deal that would pose a threat to our country. And Americans answered with a collective, “Yeah.”

When someone starts griping to you, remind them we are winning and ask them to think of one good idea the Republicans have come up with. But if you just have to vent, pick a griping buddy and do it late at night or early in the morning when you are not working on winning.

Let me end with this. On Memorial Day, there was a Washington Post political cartoon by Tom Toles reprinted in the Chicago Sun-Times. It shows an old military veteran reading a newspaper with the banner headline that reads Security Bungle, and articles including Domestic Spying, Data Lost, Official Lying, America Loses Its Friends, and Inequality Growing. The Veteran is saying, “My country’s identity has been stolen.” I love this country. I know that what motivates you to be here at this conference, and to do what you do back home is a love of our country and its promise of justice and freedom, unfulfilled though it may be. This is a room full of patriots – true patriots, the real patriots. I DO feel as if our American identity has been stolen, but I believe that working with you we can, beginning in a mere 5 months, Take Back America.

Re-posted from the Brad Blog 6-14-06

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