Citizens Request Recount in San Diego Mayoral Race

Posted in General on August 18th, 2005

Miriam Raftery

"Enron by the Sea" shows strange electoral anomalies – a 4 percent shift – ODDS OF SUCH A DISCREPANCY OCCURRING BY CHANCE ALONE ARE LESS THAN 7/100 OF 1%, STATISTICIANS REVEAL.

San Diego Democratic mayoral candidate, Donna Frye, may have been robbed of her mayoral seat in the July 25 local election as citizens’ audit parallel election vote shows shift of 4 percent, Raw Story has learned.

Frye, who served three years as a council woman in San Diego, California, previously ran as a write-in candidate in November 2004, but was deprived of San Diego’s top seat due to the city’s Registrar of Voters, Sally McPherson, blocking the count of 5,547 ballots on which voters had written Frye’s name, yet failed to also fill in bubbles. The disputed ballots would have given Frye a victory by 3,439 votes.

Enron by the Sea

Republican Dick Murphy assumed the mayoral office as a result of the uncounted ballots, only to resign amid multiple scandals that have engulfed San Diego’s City Council.

His successor, Acting Mayor Michael Zucchet, a Democrat, held office for less than a day before being indicted on charges of conspiracy, extortion and wire fraud related to accepting payments from a Las Vegas strip club operator in exchange for relaxing the City’s "no touch" policy.

The mayoral musical chairs, coupled with the indictments of several city council members on charges of bribery, as well as a city deficit running close to $2 billion, has earned the city the infamous nickname of "Enron by the Sea."

Following Zucchet’s indictment a special election was held on July 25 of this year to name a successor. The official count showed that Frye had captured over 45 percent of the vote – double the amount of any other candidate. San Diego law, however, requires a run-off election between the two top vote-getters if no candidate receives at least 50 percent of the vote. The run-off race is set for November of this year. The election, however, was scheduled to replace Murphy regardless of the outcome of Zucchet’s trial.

Diebold’s Un-Accu-Vote

Now, a nonpartisan citizens’ group that conducted a parallel election has requested a recount of 11 precincts. This time, the issue isn’t unmarked bubbles, but the accuracy of Diebold Accu-Vote optical scan voting machines and the Diebold GEMS central tabulator used to count votes.

The Citizens Audit Parallel Election (CAPE) asked voters exiting polls to vote again and sign a log book attesting to the accuracy of their second vote. Sealed parallel election ballots were counted at KGTV’s studio with a TV camera crew filming the counting process.

Nearly 50 percent of all voters participated in the parallel election, which included five polling places representing 11 precincts. The sample included more conservative than liberal precincts, with participation as high among Republicans as among Democrats. The tandem election results showed what most feel to be startling results.

"There is a shift of four percent of the vote, consistently," Joe Prizzi, (engineer and physicist,) reported at a press conference held by CAPE in front of City Hall. Frye received 50.2 percent of the votes cast in the parallel election – enough for an outright victory if those results reflect the outcome citywide. CAPE also found that the official count added approximately 2 percent to each of Frye’s two Republican opponents, Jerry Sanders and Steve Francis.

In addition, CAPE examined the only other ballot measure, a proposition over a war memorial cross on public land. The proposition’s vote total also appeared to have been padded by 4 percent in the official election tally, which was certified Friday August 19 by San Diego County’s newly appointed Registrar of Voters, Republican Mikel Haas.

Math is non-partisan

A team of statisticians from California State University- Northridge – have analyzed the data from CAPE, concluding that the probability of luck or chance as the cause of the observed four percent deviation is less than one in 1,300 – or .000678.

Activists suspect fraud. "I am troubled by the prospect that we are losing our democracy very quickly. We’ve been voting on machines that were never intended to be tools of democracy," said Brina-Rae Schuchman, media spokesperson for CAPE, noting that Diebold machines utilize "secret software."

CLICK HERE TO SEE CHART

Delivering the election – not just in Ohio

The nation’s first parallel election was conceived by Ellen Brodsky, an election official in Coconut Creek, Florida. Held at a single precinct during a May 2005 special election on a gambling initiative, the Florida parallel election drew a 67 percent participation rate and revealed significant discrepancies, leading to revelations of programming issues with touch-screen voting machines.

San Diego’s far broader parallel election was the brainchild of Judy Alter, an emeritus professor in the department of world arts and culture at UCLA who participated in the New Mexico recount after the 2004 presidential election. In Santa Fe, Alter detected a shift of third-party candidate votes into the Bush/Cheney column.

"That pattern has now been identified in eight states," Alter told Raw Story in an exclusive interview, adding that numerous other indications of electronic fraud have been found. "This is why I’m leading Study California Ballots, because we have to actually count," Added Alter.

CAPE filed a request with the Registrar on August 16 to recount the 11 precincts included in San Diego’s parallel election. The request was filed by Schuchman on behalf of Donna Frye, although the Frye campaign was not consulted.

The San Diego Registrar has seven days to call a meeting of all candidates and other interested parties to devise procedures for the recount. "If any discrepancies are found, California law requires that a citywide recount of all precincts be conducted," Alter said.

Asked about CAPE’s recount request, Registrar Mikel Haas, responded, "They have every right to do this. We’re going to run this by the book." He declined, however, to state how much the partial recount would cost, although noting that cost would depend upon procedures agreed on in the upcoming meeting.

Alter is less confident that Haas will play it by the book, stating that "I believe he is overcharging us." She also believes CAPE should only be assessed $400 ($100 for each of the four election employees) per day. "Now he’s going to charge us $2,500–and he’s telling us that he’s charging us for electricity and the room for the meeting he is going to call, and for all the expenses to staff it," Alter contends.

Citizen Arrested for enacting his rights

CAPE isn’t the only group to accuse Haas of withholding public information. Jim March of Black Box Voting and a Republican maintains that the Registrar refused his request during the election to obtain audit logs, which would show whether records were kept of each user who accessed the Diebold GEMS central tabulator.

In an interview with the East County Californian before the election, Haas stated that he would allow citizens to observe the central tabulator counting votes. But on election night, March found the tabulator screen had been placed eight feet away, behind glass and readable only through binoculars, literally. According to March, an activist who was with him brought binoculars and was able to clearly make out the screen. March’s request to have the screen moved closer was refused, so he entered the secured tabulating room.

March was arrested and charged with a felony count of obstructing an election official. The charge was later dropped. "This was a violation of my civil rights," said March, who plans to sue County election officials for violating his right under California law to observe an election and his right to access public records.

Computer experts hired by Black Box Voting to penetrate voting systems in Leon County, Florida (with permission of an election official) demonstrated the ease of reprogramming Diebold optical scan voting machines and changing votes through the Diebold central tabulator – the same voting systems used in San Diego during the recent election.

Informed of these facts, Haas nonetheless allowed hundreds of San Diego poll workers to keep voting machines at home overnight – including programmable memory cards protected only by seals that could easily be removed with pliers and resealed.

March and other observers contend that San Diego’s central tabulator was hooked up to the Internet on election night. An Internet connection would violate Diebold’s own procedures manual, which states: "The GEMS server should not be connected to any network that has an external Internet connection." State certification required that manual procedures be followed.

"If that manual isn’t followed, it’s an illegal installation," says March. "They ran a completely illegal election."

Caught with tabulater plugged in

Asked by this reporter if the central tabulator was hooked up to the Internet, Haas replied, "Yes. That’s so we can get our results out to the Internet, so people can see. It’s firewall protected."

But after being informed that hooking the tabulator up to the Internet would potentially render the election illegal, Haas backpedaled and said he may have been mistaken about the tabulator’s Internet connection. "I’m not that technical," he noted, then suggested that perhaps the machine was transmitting results to a secondary unit.

Activists plan to monitor the recount, but the potential for problems remain. "We are very worried about tampering," Alter admitted. "That’s why we want the count videotaped."

Those fears evoke comparisons to Clermont County, Ohio, where Raw Story reported that a recount of the 2004 presidential election revealed that stickers were placed over the Kerry/Edwards oval on opti-scan ballots. Those ballots were then fed into machines after the hand recount. Witnesses have stated that beneath the stickers, the Kerry/Edwards oval was selected.

Subtler forms of tampering might include substituting entire batches of ballots, described Alter, who plans to monitor the recount.

Soon, San Diego’s Registrar hopes to eliminate the opti-scan system entirely and retrofit warehoused TSx touchscreen machines with paper trails–if the new Republican Secretary of State, Bruce McPherson, opts to recertify the TSx system previously decertified by Democratic Secretary of State Kevin Shelley.

McPherson is lobbying Republican Governor Schwarzenegger to veto SB 370, which would make paper trails the official votes of record. SB 370 has already passed the State Senate and is now about to pass the Assembly. Sources close to the McPherson confirm that he is still lobbying the governor to veto.

Alter, meanwhile, is organizing citizen volunteers to hold parallel elections statewide for the fall special election called by Governor Schwarzenegger.

"I’m not stopping," the election reform advocate concludes. "This is just a moving train."

Editor’s note: An earlier version of this story incorrectly identified Mr. Prizzi as currently affiliated with an academic institution. Prizzi, an engineer and physicist, is not.

from the raw story 

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

Posted in General on August 16th, 2005

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Emperor (and the Electoral Process) Have No Clothes

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

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

Killing the Messenger: the Exit Polls

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

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

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

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

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

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

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

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

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

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

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

“Spreadsheet wielding conspiracy theorists”

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

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

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

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

The Oh-So Loyal Opposition: the Democratic Party

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

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

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

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

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

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

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

The Role of Mass Movements and Alternative Media

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

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

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

FOOTNOTES:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

 

Project Censored – Sonoma State University
1801 East Cotati Ave., Rohnert Park, CA 94928
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The GOP is Certain to Win in 2006, Unless…

Posted in General on July 26th, 2005

The GOP is Certain to Win in 2006, Unless…

July 26, 2005
By Ernest Partridge, The Crisis Papers

I have frequently been accused of being hopelessly optimistic. Perhaps so: that’s what keeps me going. But now, for those who thrive on gloom and doom – it’s your turn.

Here’s the very bad news – the Democrats will almost certainly lose in 2006 and again in 2008, for three essential reasons: (a) the GOP and the Bush junta simply cannot afford to lose, (b) they can prevent their defeat no matter what the voters have to say about it (as they have in the last three elections), and (c) apparently the Democratic Party, the media, and law enforcement are unable and/or unwilling to do anything about it.

A GOP win in 2006 and 2008 seems simply inevitable – as inevitable as LBJ’s re-election, Nixon completing his second term, and the endurance of the Soviet Union and apartheid South Africa. By this I mean that all this would have come to pass but for some extraordinary and unforeseen developments. Nothing less will budge the GOP from the White House and the Congress.

After all, their "private sector" supporters count and compile the votes with secret software – and do so with no official independent means of validation. These facts about voting in the United States are publicly known and undisputed. And yet, despite compelling and unrefuted evidence of voting fraud, no one, except some determined citizen groups and a small minority of members of Congress, seems willing to do anything about it.

So the GOP will win for three essential reasons. Let’s take them in order:

1. The GOP and Bush, Inc. cannot afford to lose

If the Democrats take control of just one house of Congress in 2006, they will gain the powers of Congressional investigation – the right to issue subpoenas to witnesses and for essential documents, and the right to require witnesses to testify under oath, which carries with it the threat of criminal conviction for perjury. And be assured that should the Democrats take charge of congressional investigations, chaired by such prosecutorial hawks as Henry Waxman, John Conyers and Patrick Leahy, the worm-cans would be opened.

To be sure, Congressional Democrats have recently held unofficial hearings on the 2004 voting irregularities in Ohio, on The Downing Street Memos, on media reform, and on the Karl Rove scandal. But these have all been rather toothless affairs, boycotted by the Republicans, with all testimony volunteered and none under oath. Official Congressional investigations would be a whole other story.

For there is good reason to suspect that the Bush Administration is less a government than it is a crime syndicate, which, thanks to a compliant Congress and Justice Department, has to date done its dirty work without fear of investigation or prosecution. Among the possible crimes that are crying for investigation: war profiteering, Congressional bribery and corruption, election fraud, war crimes, and of course the "outing" of a covert CIA operation – an act which Bush’s own father described as treasonous.

Accordingly, the loss of either house of Congress would not merely send the Busheviks back into private life: it might send many of them straight to federal prison. And the prospects for the GOP malefactors would be still worse if the Democrats reclaimed the White House in 2008, and with it the criminal investigation and prosecution powers of the Justice Department.

Nor is the threat of criminal prosecution the only concern. In addition, with a Democratic victory, the GOP oligarchs would be required to give back the keys to the federal candy store. With a return to fiscal sanity, the super-wealthy might once again be required to pay a fair share of federal taxes. Legislation might be passed to cut back on corporate welfare, to further reform campaign financing, and to reduce the influence of the lobbyists. Furthermore, the corporate foxes would be chased out of the regulatory hen-houses – the Environmental Protection Agency, the Federal Communications Commission, the Federal Trade Commission, etc. – thus restoring to these agencies their intended function of protecting the public interest.

In sum, from the point of view of the Republicans, continuing control of the Congress in 2006 and of the White House in 2008 is not simply desirable – it is absolutely mandatory.

2. The GOP can prevent their defeat, no matter what the voters have to say about it

As things now stand, a Democratic win in 2006 is as likely as a vote for the restoration of the Romanov dynasty in the Soviet "elections" of 1930. And for the same reason: the party in power (more precisely its supporters in private business) counts the votes.

Evidence is abundant and compelling that the presidential election of 2004 and key congressional races in 2002 were stolen, primarily through the use of paperless touch-screen voting machines and the software that collected and totaled ("compiled") incoming election returns. Though numerous private individuals and public-interest groups have presented this evidence, it is only through their initiatives that the issue remains alive. Because I have expressed my suspicions repeatedly and at some length, I will not repeat them here.

But let’s suppose, despite all that evidence, that the 2002 and 2004 elections were entirely fair and accurate. If so, this was due solely to the civic-minded decision of the Republicans who built the machines and wrote the software to play it straight. They faced little prospect of exposure if they chose to fix the vote totals. The machines produce no independent record of the votes and, as noted, the software is secret. In addition, as numerous public demonstrations have proven, the machines can be readily hacked leaving no trace of the tampering.

So it comes to this: whether or not the past elections were stolen, the voting technology is now in place (and expanding under the "Help America Vote Act") that will allow its designers, the writers of its software, and whoever might have access to the back-door hookups to produce any election result that they might desire. Short of a confession by a guilty culprit and absent an arithmetic or programming blunder, there is simply no way that fraud can be proven after the fact through an examination of the polling and compiling equipment and software.

To those who demand verification of election returns, there is only one answer: "trust us!" And to those who shout "fraud!" there is the familiar response: "don’t be paranoid."

But while there are no direct means to validate paperless e-votes, statistical analyses of exit polling can provide external indications of election fraud. And in fact they have done just that as, for example, one such study has calculated the probability of Kerry’s loss at less than one in a million. However, we all know how much impact these statistical studies have had on the final "official" results. Zilch!

And what is the Republican response to those troublesome exit polls? Former RNC Chair, Ed Gillespie, has a straightforward answer: abolish the exit polls which, he claims, have been "proven unreliable" in the last three elections. In other words: shoot the messenger.

Then how about legislation requiring a paper record of each vote to provide validation? The Congressional Republicans won’t hear of it. Which causes one to wonder, doesn’t it? Is it just possible that they suspect (as I am convinced) that if we had a free and honest elections, the GOP would be burnt toast?

The bottom line: will the Republicans cheat in order to prevent defeat in 2006? They can if they want to, and as we have noted above, their motivation to avoid defeat is extreme.

3. The Democratic Party, the media, and the law are unwilling to do anything about it

The Democrats

As we all know, John Kerry, who promised to see to it that "every vote was counted," threw in the towel a few hours after the last polls closed, even as an avalanche of reports of vote total anomalies, of voter intimidation, and of voting machine malfunctions were incoming. The Kerry Campaign, sitting on millions of dollars in their war chest, gave no support to the challenges of the Ohio returns – these challenges were pursued by the Libertarian and Green candidates.

The Democratic Party’s continuing refusal to face up to grim realities was made evident in the DNC’s investigation of the irregularities in the 2004 Ohio election, released just last month. As Steven Rosenfeld and Bob Fitrakis of the admirable Columbus Free Press see it:

[The DNC report] is a shocking indictment of a party caught completely off-guard in its most heated presidential campaign in years, and a party that still doesn’t fully understand what happened and how to avoid a repeat in the future.

The report primarily documents the fact that Jim Crow voter suppression tactics targeting Democratic African-American voters were rampant in Ohio’s cities during the 2004 presidential election…

But the DNC reports says those factors do not mean John Kerry won the election, nor does it mean that the new electronic voting machines are unreliable – even though some of the precincts with the highest percentages of reported problems were outfitted with the new electronic voting machines…

The DNC was denied access to the voting machines and software, and to the tabulating computers in Ohio. Apparently on the assumption that what they cannot examine doesn’t exist, the "fraud factor" does not figure significantly into the DNC report.

And so the Democratic Party is cheerfully carrying on as if nothing has changed since Bill Clinton was re-elected in 1996. They are looking hopefully to taking back the Congress in 2006 and the White House in 2008, as they fire up the base, and solicit still more contributions. They uncritically assume that all they need to do is get more voters to the polls than the GOP, and that the voting machines and compilers will do the rest – reliably and automatically.

Those poor, naive, fools!

Like Charlie Brown, they just assume that if they run up to the football once again, Lucy won’t snatch it away this time. But of course, GOP-Lucy will do just that, thanks to the Democrats’ reliable gullibility. Like Brooklyn Dodgers fans in the 1940s and 1950s, they keep saying "wait till next year." And next year the "Bums" are creamed again by the Yankees.

2002 and 2004 were "next year" for the Democrats. So too are 2006 and 2008. By refusing to face up to the fact that they’ve been had by the GOP voting machines and software, the Democratic Party is setting itself up for certain defeat in 2006 and 2008.

The Media

A week after the 2004 election, actor Peter Coyote reported:

I received a phone call from a good friend who works at CBS – I’ve known her for years and she is a Producer for some of the news programs, one well known one in particular. She tipped me off that the news media is in a "lock-down" and that there is to be no TV coverage of the real problems with voting on Nov. 2nd. She said similar "lock-down orders" had come down last year after the invasion of Iraq, but this is far worse – far scarier. She said the majority of their journalists at CBS and elsewhere in NYC are pretty horrified – every one is worried about their jobs and retribution Dan Rather style or worse. My source said they’ve also been forbidden to talk about it even on their own time but she was pissed and her journalistic and moral integrity as what she considers to be a government watchdog requires her to speak out, … [and] to "spread" the word…

Regardless of the reliability of Peter Coyote’s report, it is easy enough to tell if the mainstream media (MSM) has put an embargo on the election fraud issue. Just try to find any treatment of the issue on the MSM (Keith Olberman honorably excepted). If there is any such mention, more than likely it is to dismiss accusations of election fraud as "kookery" and "conspiracy theory" – beyond the pale of respectable public opinion.

Thus, what may be the greatest political crime in the history of the American republic is deemed by the MSM as unworthy of their attention. Maybe there was no such crime. But given the unmistakable indication that there might have been, isn’t at least an investigation by the media in order? Say, something on the order of an investigation of the (ultimately innocent) Whitewater land deal by the Clintons?

Law Enforcement

The greatest vulnerability of the e-voting companies might be a rigorous application of state and municipal voting fraud laws. Though I keep a close and steady eye on the issue of electoral integrity, I have heard of no criminal investigations in progress. Have you? If so, please report them to me. (crisispapers@hotmail.com). Of course, if such investigations are in their early stages, the public is unlikely to hear of them. So some good news just might be in the pipeline.

Is there any hope?

Not if things continue as they are. There may have to be a dramatic disruption in the flow of events. And there is no guarantee that this disruption won’t have horrible consequences. For example, if Al Qaeda manages to slip a nuclear device into a shipping container and it goes off in one of our ports, all bets are off. Martial law is a distinct probability, and American democracy will be a goner.

As it happens, Bush’s Department of Homeland Security has done precious little to intercept such horrors. And who knows, Valerie Plame Wilson’s covert operation just might have been able to intercept it – had she been allowed to stay on the job.

Hopefully, if a different kind of "dramatic disruption" comes around, it will work to our favor. For all we know, it may even now be in its early stages: the Rove/Plame/CIA scandal may be at the "third-rate burglary" phase, with the analogs to "the cancer on the Presidency" and the White House tapes still to come. The new "deep throat" may yet enter the stage.

Tomorrow, some state Attorney General or municipal District Attorney might open an investigation of voting fraud. In the United States, elections are administered on the state and municipal level. So if paperless machines were used in said AG’s or DA’s jurisdiction, Diebold and ES&S executives and technicians could be subpoenaed and required to testify under oath. If in fact these companies cooperated in the stealing of a Presidential election, "the truth is out there" to be gathered and exposed by an aggressive prosecutor.

Would that kind of news be just too much to be ignored by the MSM? Who knows? If the truth is that the conduct of all recent elections was 100% copasetic, then the GOP should welcome such investigations. It may be noteworthy that the GOP does not seem to be encouraging such investigations.

Is the mainstream media united and unmovable in its determination to spare the American public the discomfort of reading or hearing bad news about its government and its president? The credibility and audience of the MSM is falling alongside the public opinion scores of George W. Bush. Will one or two mainstream TV networks or print publications defect from the pack and try to do journalism for a change? Will others follow? Or will the MSM become irrelevant as alternative and independent media and the Internet become the primary public sources of news? (The "Pravda/Samizdat solution").

Is the CIA going to sit still for this? After all, that’s in their charter – stay out of US politics. But of this much we can be confident; the rank and file of the CIA is super-pissed-off. One of their own has been trashed, her operation demolished, and dozens (?) of agents and operatives put in grave danger. Possibly some have been killed. Nor is that all. The CIA has been asked to take the fall for the Iraq fiasco – the result of "flawed intelligence" the Bushistas tell us. The motto on the floor at Langley, The Truth Shall Make Your Free, has been effectively supplanted with The Truth Shall Get You Canned.

Pissing off the CIA can be a very dangerous business. These folks are very good at overthrowing governments. What does it take to get them to bring these skills home? I’m not talking about tanks surrounding the White House. Just the usual bag of behind the scenes spook-tricks: bribery, blackmail, intimidation, disinformation – you know, the sort of stuff that Karl Rove uses to perfection. If I were Bush, I’d be afraid – very afraid.

What about the Republicans? To date, they are a solid block. In the entire GOP Congressional delegation, not a single Senator or Congressperson has stood up to denounce and deplore Plamegate. What does it take for at least some Republicans to face up to their conflict of loyalties between the Republican Party and the United States Constitution, to which they all swore an oath of allegiance? Where is today’s Howard Baker, now that the country so desperately needs him? Might it be Voinovich? Chaffee? Snowe? Collins? Lugar? McCain? Maybe Chuck Hagel, who has a lot to tell us about e-voting. When will just a few Republicans come to appreciate that, as in Watergate, if the President goes down he could take the party down with him – to avoid which, they may have to cut him loose? When a few start to defect, who will follow?

Then there’s the economy. A sudden downturn would surely get the public’s attention. How long will China and Japan continue to support our deficit spending? As middle class incomes continue to decline, consumer debt expands, and interest rates rise, when does the retail market collapse? With China, Japan and India entering the market and production at a peak, oil and gas prices can only go up. Most informed economists outside of Bush’s reservation are pessimistic. Clearly, the U.S. economy can not go on like this, and yet Bush is determined to stay the course – all the way to and over the precipice.

Something’s gotta give – and when it does, if the Democrats are smart, resourceful and bold, will seize the moment. But if they sit by and ponder, as they’ve been inclined to do of late, then they, and we, are done for.

What to do?

Can the GOP be beaten in 2006 and 2008? As we said, not if things continue as they are. So do we give up? Not on your life! We do our utmost to determine that things do not continue as they are.

Here are some suggestions (and send me some of your own):

If you live in a state or a district that uses paperless voting machines, and if there is statistical or other evidence of voting fraud, contact your state Attorney General or your local District Attorney and demand a criminal investigation.

As the 2006 election approaches, join the determined effort to abolish e-voting and to use paper ballots instead. Failing that, demand paper receipts from the e-voting machines. If, as is likely, e-voting and computer compilation remains in place, it is still possible to institute safeguards, e.g., double-balloting, random inspection of touch-screen machines, and parallel compilation of regional votes. (For more details, see my "What Can We The People Do About Election Fraud?")

Insist on exit polling. If the RNC tries to put the exit polling companies out of business, set up alternative exit polls. Same with pre-election polls.

A simple majority may not suffice in your district or state. Work relentlessly for a super-majority. If sufficiently large, the "fixers" might not dare to steal the election. Suppose, for example, that the imminently defeatable Rick Santorum were behind in the late polls by 65% to 35%. How would a "surprise" Santorum victory go down? Add this to several more "surprises," resulting in continuing GOP control of Congress. Might it finally dawn on the U.S. public that their trips to the polls are a waste of time, and that the election results are simply what the GOP want them to be? And might that public finally begin to see the 2002 and 2004 elections in a new light?

Above all, remember: if things continue as they are, we’re cooked. The GOP will not be stopped. They count the votes. Simple as that. We must see to it that things don’t continue as they are.

Dr. Ernest Partridge is a consultant, writer and lecturer in the field of Environmental Ethics and Public Policy. He publishes the website, The Online Gadfly and co-edits the progressive website, The Crisis Papers. Send comments to: crisispapers@hotmail.com.

Crisis Papers Archive

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Our Evidence vs. Their Evidence

Posted in General on July 11th, 2005

OUR EVIDENCE

We know Kerry led the pre-election state polls.
We know Kerry led the pre-election national polls.

We know Kerry led the post-election state exit polls, 51-48%.
We know Kerry led the post-election national exit poll, 51-48%

We know documented voting machine “glitches” favored Bush 99% of the time.

We know the media and E-M will not release detailed raw precinct data.
We know Blackwell refused to testify before Conyers.
We know Mitofsky refused to testify before Conyers.

We know that there were over 21 million new voters.
We know Kerry won the vast majority (57-62%) of new voters.

We know there were 3 million former Nader voters.
We kknow Kerry won Nader voters by 71%-21% over Bush.

We know Party ID averaged 39% Dem/35% Rep/26% Independent in the prior three elections.
We know Party ID was 38/35/27 for the first 13047 National Exit Poll respondents.
We know it was changed to 37/37/24 for the final 613 in the 13660 Final.

We know Kerry, like Gore, won the female vote 54/46% up until the final 660 respondents.
We know it was changed to 51% in the 13660 Final.

We know Bush 2000 voters represented an IMPOSSIBLE 43% of the 2004 electorate in the final 13660 Exit poll.
We know it was changed from 41% in the first 13047
We know that Bush had 50.456 mm votes in 2000.
We know that about 3.5% of them have since died.
We know, therefore, that the Bush percentage could not have been higher than 39.8% (48.69/122.26).
We know that with the 39.8/40.2% weighting, Kerry won by 52.4-46.7%, or SEVEN million votes.

We know the 2000 election was stolen – by Bush in Florida where 175,000 punch cards (70% of them Gore votes) were spoiled.
We know SCOTUS stopped the recount and voted 5-4 for Bush.

We know the 2002 election was stolen (ask Max Cleland).

We know that the National Exit Poll MoE is under 1%.
We know because we checked the NEP margin of error table.
We know because we did the simple MoE calculation.
We know that Kerry won the Natioanl Poll by over 3%, 51-48%.
We know the odds are astronomical that the deviation was triple the MoE.

We know that 42 of 50 states deviated from the exit polls to Bush. We know that includes ALL 22 states in the Eastern Time Zone.

We know that 16 states deviated beyond the exit poll MoE for Bush, and none did for Kerry.

We know that touch screen voting machines became widely used in 2004.

We know that Republicans fought against paper ballots for Diebold and ESS touch screens.

We know that ALL Diebold ATMs provide a paper receipt.

We know that the deviation trend from the exit polls to the vote was approaching ZERO until 2000, when there was a dramatic reversal.

We know that scores of newspapers which supported Bush in 2000 supported Kerry in 2004.

We know that Kerry won the Ohio Exit Poll, by at least 51-48%.

We know the media will not report in any of the above.

THEIR EVIDENCE:
Something we don’t know.
The rBr hypothesis: Bush voters were reluctant to speak to exit pollsters.

But..
We know that many Republican voters deserted Bush for Kerry.
We know there were hardly any Gore Democrats who voted for Bush.

Ladies and Gentleman of the Jury:
Have you reached a verdict?

Posted by TruthIsAll on Democratic Underground 

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Pastor: “I don’t need to know how the machines were hacked” (EAH report)

Posted in General on July 10th, 2005

MEDIA CONSPICUOUSLY ABSENT FROM HOUSTON ELECTION ASSESSMENT HEARING

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Posted by Amaryllis on Democratic Underground 

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The DNC 2004 Election Report: An indictment of incompetence

Posted in General on June 30th, 2005

The DNC 2004 Election Report: An indictment of incompetence
by Steven Rosenfeld and Bob Fitrakis
June 25, 2005

The Democratic National Committee’s investigation into Ohio’s 2004 presidential election irregularities is the perfect postscript to the party’s ‘election protection’ efforts last fall: it is a shocking indictment of a party caught completely off-guard in its most heated presidential campaign in years, and a party that still doesn’t fully understand what happened and how to avoid a repeat in the future.

The report primarily documents the fact that Jim Crow voter suppression tactics targeting Democratic African-American voters were rampant in Ohio’s cities during the 2004 presidential election. It cites and spends most of its time analyzing the most visible problems: from shortages of voting machines in minority precincts, to unreasonable obstacles to voter registration, to disproportionate use of provisional ballots on Election Day among new voters and Democratic constituencies, to inadequate poll worker training and election administration, to poor post-Election Day record keeping.

But the DNC reports says those factors do not mean John Kerry won the election, nor does it mean that the new electronic voting machines are unreliable – even though some of the precincts with the highest percentages of reported problems were outfitted with the new electronic voting machines, known as DREs. The DNC asked for access to the new electronic voting machines and their software, but was denied by local election officials and the private manufacturers. The report leaves the matter there.

It is statements like this one, on page 189, and a failure to follow-through that make the report more than a disappointment to election protection workers, voter rights advocates and those grassroots activists who worked for John Kerry’s campaign. Speaking of the new electronic voting machines, the DNC report states, that “many of the county boards (of elections) do not actually control the electronic records created during the tallying process.” When the Fairfield County Board of Elections was asked for election results, they merely forwarded data from a private vendor.

Since county vote totals are tabulated on computers and sent directly to the Secretary of State’s office – who has real-time access to those figures – you might expect the report to address the question of whether the 2004 vote count was susceptible to fraud. It doesn’t.

The DNC says it sought access to the computers used to record and tabulate Ohio votes, but those same county boards of election that didn’t control the data – and the voting machine manufacturers who did – declined, citing “security concerns” (p.187) and “vendors pointed out their extreme discomfort with providing this sort of access to a partisan organization.”

That might sound reasonable, if you don’t recall – and the report does not recall – that the chief executive of the nation’s largest electronic voting machine manufacturer, Diebold’s Walden O’Dell, was not only a top-tier fundraiser for George W. Bush, but also promised in an infamous August 14, 2003 fundraising letter to Republicans that he is "committed to helping Ohio deliver its electoral votes to the president next year." Also, both ES&S and Triad corporations, the latter which tabulated ballots in 41 of Ohio’s 88 counties, have well-established Republican ties.

The DNC report is filled with omissions of that magnitude and dismissals of the work of citizen-activists who – with no help from the DNC, or Kerry campaign – fought for a fair accounting of the 2004 vote after Election Day.

Consider these paragraphs from an introductory letter to the report from Donna Brazile, the chair of the DNC’s Voting Rights Institute.

    “Although voters across America voiced concerns which questioned the fairness and the accuracy of the 2004 general election, President George W. Bush’s narrow victory in Ohio (a pivotal state) provided sufficient electoral votes to ensure his re-election. There was a myriad of litigation surrounding the general election in Ohio that targeted controversial conduct on the part of the Office of the Secretary of State.

    “Following the election recount, the House Judiciary Democratic Staff published an exhaustive report, “Preserving Democracy: What Went Wrong in Ohio” that is replete with anecdotal evidence of numerous, serious election irregularities in the Ohio presidential election which resulted in a significant disenfranchisement of voters.”

People who put their lives on hold and went to Ohio to work for John Kerry will shake their heads. Brazile cites “a myriad of litigation” that her party and candidate fought, did not fund and sought to undermine. Moreover, the reference to the House Judiciary Committee’s Democrat Staff inquiry as “anecdotal” is an insult to voting rights activists and volunteer lawyers who conducted public hearings – at their own expense, not the DNC’s – and took sworn testimony from more than 1,000 voters who cared enough and volunteered to testify under oath and file affidavits. The hearings were anything but anecdotal; they were perhaps the largest group of people to testify under oath about elections in the history of the state. The first two hearings in Columbus occurred within two weeks of Election Day. Four other hearings in Cleveland, Cincinnati, Toledo and Warren occurred more than a month before the DNC could conduct its phone survey from the east coast.

It’s worth remembering the timing and origin of this report. The Democratic Party and its allied supporters, such as Americans Coming Together, spent millions of dollars on their election protection efforts. The same Ohio Democratic Party that told John Kerry not to challenge the result and to concede to Bush, also was completely caught off-guard with Republican’s resurrection of Jim Crow voter suppression tactics, according to its own report. What kind of a party stations hundreds of lawyers at polls in anticipation of poll challenges that don’t happen, but isn’t aware that voting machines will not be evenly distributed among white and black neighborhoods? Or isn’t aware of the fact that newly registered voters aren’t receiving proper precinct information, or are being targeted with new provisional ballots that are likely to be disqualified on frivolous technicalities?

There’s more history to the DNC report. The DNC announced it would investigate election irregularities on December 6th, two days before Rep. John Conyers, D-MI, and Democrats on the House Judiciary opened their first of several hearings into the 2004 Ohio presidential vote. In effect, the DNC knew Conyers’ inquiry would be explosive and sought to pre-empt his investigation by announcing its inquiry first.

The Ohio Democratic Party wanted nothing to do with examining the evidence of voting fraud – what Brazille derides as "anecdotal" – and did not participate in the election recount. The Kerry-Edwards campaign joined the recount effort late, only after it was embarrassed by the Libertarian and Green Parties. The Kerry campaign gave several hundred thousand dollars to the gubernatorial recount in Washington, but didn’t advance a dime to the Ohio election challenge lawsuit.

What the DNC did was announce – two days before Conyers’ first hearing – that its review would not contest the election results, but would “fulfill the Democratic Party’s commitment to ensuring that every eligible voter can vote and every vote cast is counted.” Rather than achieve that lofty goal, the party conceded for a second time – Kerry’s concession being first – by confirming Bush’s victory before a recount was completed and similarly by avoiding participation in a voter challenge suit.

The report contains other outrages. It states African-American voters waited an average of 52 minutes in line, compared to white voters waiting an average of 18 minutes. That calculation defies the experience of thousands of voters who waited four, five or six hours. That figure is the kind of statistical averaging is akin to having a tornado touch down in Columbus and having the National Weather Service say its been a breezy day across the state.

In the primarily African American 55th ward in Columbus, on the ground election protection volunteers clocked an average wait of 3 hours and 15 minutes. In the adjacent inner city 5th ward, the wait was 3 hours and 5 minutes. The Franklin County Board of Elections, under the control of former Franklin County Republican Party Chair Matt Damschroder failed to put out 76 voting machines by his own admittance. All 76 from the Democratic-rich city of Columbus and 42 of them from the African American wards on the city’s near east side. Apparently, a few blacks in Bucyrus didn’t wait long and needed to be averaged into the DNC’s report totals.

But the biggest disappointment of the DNC report is that it gives no indication that the old-school Jim Crow abuses will be addressed and rectified, and that the newer school electronic voting machine abuses will be similarly addressed. The report portrays a statewide landscape of separate and unequal rules in election jurisdictions across the state. It says local and statewide election officials – and the private companies they hire – aren’t interested in cooperating to make the system more transparent and equitable. And the party hierarchy that commissioned this report dismisses the work of its activists and loyal volunteers who worked before and after the 2004 race for electoral justice.

Is that any way to prepare for 2006 or 2008? Read the report at www.democrats.org and decide for yourself if the DNC learned the real lessons of 2004 in Ohio.


Steve Rosenfeld and Bob Fitrakis are co-editors, with Harvey Wasserman, of DID GEORGE W. BUSH STEAL THE 2004 ELECTION: ESSENTIAL DOCUMENTS, published by www.freepress.org. Revised June 26, 2005

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

Posted in General on June 23rd, 2005

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

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

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

Few debates have aroused more polarized ire. But too often the argument has proceeded without documentation. This volume of crucial source materials, from Ohio and elsewhere, is meant to correct that problem.

Amidst a bitterly contested vote count that resulted in unprecedented action by the Congress of the United States, here are some news accounts that followed this election, which was among the most bitterly contested in all US history:

• Despite repeated pre-election calls from officials across the nation and the world, Ohio’s Republican Secretary of State, who also served as Ohio’s co-chair for the Bush-Cheney campaign, refused to allow non-partisan international and United Nations observers the access they requested to monitor the Ohio vote. While such access is routinely demanded by the U.S. government in third world nations, it was banned in the American heartland.

• A post-election headline from the Akron Beacon Journal cites a critical report by twelve prominent social scientists and statisticians, reporting: "Analysis Points to Election ‘Corruption’: Group Says Chance of Exit Polls Being So Wrong in ’04 Vote is One-in-959,000."

• Citing "Ohio’s Odd Numbers," investigative reporter Christopher Hitchens, a Bush supporter, says in Vanity Fair: "Given what happened in that key state on Election Day 2004, both democracy and common sense cry out for a court-ordered inspection of its new voting machines."

• Paul Krugman of the New York Times writes: "It’s election night, and early returns suggest trouble for the incumbent. Then, mysteriously, the vote count stops and observers from the challenger’s campaign see employees of a voting-machine company, one wearing a badge that identifies him as a county official, typing instructions at computers with access to the vote-tabulating software.

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

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

• Hundreds of Ohio African-American voters give sworn testimony that they were harassed, intimidated, deprived of voting machines, given faulty ballots, confronted with malfunctioning machines and hit with a staggering range of other problems that deprived them of votes that were destined for John Kerry, votes that might have tipped the Ohio outcome.

• A team of high-powered researchers discover results in three southern Ohio counties where an obscure African-American candidate for the state Supreme Court somehow outpolls John Kerry, a virtually impossible outcome indicating massive vote fraud costing Kerry thousands of votes.

• Up until 11pm Eastern time on election night, exit polls show John Kerry comfortably leading George Bush in Florida, Ohio, Pennsylvania and New Mexico, giving him a clear victory in the Electoral College, and a projected national margin of some 1.5 million votes. These same exit polls had just served as the basis for overturning an election in Ukraine, and are viewed worldwide as a bedrock of reliability. But after midnight the vote count mysteriously turns, and by morning George W. Bush is declared the victor.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Similar new concerns have since surfaced in Maryland and elsewhere.

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

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

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

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

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

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

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

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

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

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Action: Californians say NO to Vote Pirates–Showdown with ES&S, Diebold

Posted in TAKE ACTION! on June 3rd, 2005

June 16th Show-Down with ES&S and Diebold

The following are two PDFs and one Word doc that we need to get on every website, newsletter and all media outlets.

1) Press release regarding the California Election Protection Network to Oppose Diebold and ES&S at a June 16th Sacramento Hearing. Everyone is invited for the fun: http://www.dfa-marin.org/June16HearingPressRelease.pdf

2) Here is a short blurb on the 6/16 event in a Word doc format: http://www.dfa-marin.org/DriveDiebold.doc

3) Here is the California Election Protection Network’s position statement submitted to the Election Assistance Commission in response to their request for input (before May 25, 2005) on how to implement the Jan. 1 2006 Centralized Voter Registration as mandated by HAVA: http://www.dfa-marin.org/CEPN_sm.pdf

Californians Say "NO" to Vote Pirates
The California Election Protection Network (“CEPN”), over 25 citizen groups across California working together to achieve their mutual election integrity goals, invites you to join them at the Voting Systems & Procedures Panel (“VSPP”), Thursday, June 16th, 9 AM, in front of the Secretary of State’s office, 1500-11th Street, Sacramento, 95814. Testify in favor of open and clean elections at the 10:00 am VSPP hearing. The VSPP approves voting systems for California.

Rock the boat.
Protect our vote!

For more info & to read CEPN’s full press release,
contact Sherry Healy: Sherry@CalifElectProtect.net

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Optical scan machines hacked in Florida

Posted in General on May 30th, 2005

(Is it true that memory cards are used in optical scan machines? I thought they were only for touchscreens and the scan machines use paper ballots. –rf. (note: permission to reprint granted with link)

Tallahassee, FL: "Are we having fun yet?"

This is the message that appeared in the window of a county optical scan machine, startling Leon County Information Systems Officer Thomas James. Visibly shaken, he immediately turned the machine off.

Diebold’s opti-scan (paper ballot) voting system uses a curious memory card design, offering penetration by a lone programmer such that standard canvassing procedures cannot detect election manipulation.

The Diebold optical scan system was used in about 800 jurisdictions in 2004. Among them were several hotbeds of controversy: Volusia County (FL); King County (WA); and the New Hampshire primary election, where machine results differed markedly from hand-counted localities.

http://www.bbvforums.org/forums/messages/1954/5921.html

New regs: Counting paper ballots forbidden

Most states prohibit elections officials from checking on optical scan tallies by examining the paper ballots. In Washington, Secretary of State Sam Reed declared such spontaneous checkups to be "unauthorized recounts" and prohibited them altogether. New Florida regulations will forbid counting paper ballots, even in recounts, except in highly unusual circumstances. Without paper ballot hand-counts, the hacks demonstrated below show that optical-scan elections can be destroyed in seconds.

A little man living in every ballot box

The Diebold optical scan system uses a dangerous programming methodology, with an executable program living inside the electronic ballot box. This method is the equivalent of having a little man living in the ballot box, holding an eraser and a pencil. With an executable program in the memory card, no Diebold opti-scan ballot box can be considered "empty" at the start of the election.

The Black Box Voting team proved that the Diebold optical scan program, housed on a chip inside the voting machine, places a call to a program living in the removable memory card during the election. The demonstration also showed that the executable program on the memory card (ballot box) can easily be changed, and that checks and balances, required by FEC standards to catch unauthorized changes, were not implemented by Diebold — yet the system was certified anyway.

The Diebold system in Leon County, Florida succumbed to multiple attacks.

Ion Sancho: Truth and Excellence in Elections

Leon County Elections Supervisor Ion Sancho and Information Systems Officer Thomas James had already implemented security procedures in Leon County far exceeding the norm in elections management. This testing, done by a team of researchers including Black Box Voting, independent filmmakers, security expert Dr. Herbert Thompson, and special consultant Harri Hursti, was authorized by Mr. Sancho, in an unusual act of openness and courage, to identify any remaining holes in Leon County’s election security.

The results of the memory card hack demonstration will assist elections supervisors throughout the U.S., by emphasizing the critical importance of accounting for each and every memory card and protecting access.

Findings:

Computer expert Harri Hursti gained control over Leon County memory cards, which handle the vote-reporting from the precincts. Dr. Herbert Thompson, a security expert, took control of the Leon County central tabulator by implanting a trojan horse-like script.

Two programmers can become a lone programmer, says Hursti, who has figured out a way to control the entire central tabulator by way of a single memory card swap, and also how to make tampered polling place tapes match tampered central tabulator results. This more complex approach is untested, but based on testing performed May 26, Hursti says he has absolutely no reason to believe it wouldn’t work.

Three memory card tests demonstrated successful manipulation of election results, and showed that 1990 and 2002 FEC-required safeguards are being violated in the Diebold version 1.94 opti-scan system.

Three memory card hacks

1. An altered memory card (electronic ballot box) was substituted for a real one. The optical scan machine performed seamlessly, issuing a report that looked like the real thing. No checksum captured the change in the executable program Diebold designed into the memory card.

2. A second altered memory card was demonstrated, using a program that was shorter than the original. It still worked, showing that there is also no check for the number of bytes in the program.

3. A third altered memory card was demonstrated with the votes themselves changed, showing that the data block (votes) can be altered without triggering any error message.

How to "Roll over the odometer" in Diebold optical scan machines

Testing also showed that integer overflow checks do not exist in this system, making it possible to stuff the ballot box without triggering any error message. This would be like pre-loading minus 100 votes for Tom and plus 100 votes for Rick (-100+100=ZERO) — changing the candidate totals without changing the overall number of votes.

A more precise comparison would be this: The odometer on a car rolls over to zero after 999,999. In the Diebold system tested, the rollover to zero happens at 65,536 votes. By pre-loading 65,511 votes for a candidate, after 25 real votes appear (65,511 plus 25 = 65,536) the report "rolls over" so that the candidate’s total is ZERO.

This manipulation can be balanced out by preloading votes for candidate "A" at 65,511 and candidate "B" at 25 votes — producing an articifial 50-vote spread between the candidates, which will not be obvious after the first 25 votes for candidate "A" roll over to zero. The "negative 25" votes from the odometer rollover counterbalance the "plus 25" votes for the other candidates, making the total number of votes cast at the end of the day exactly equal to the number of voters.

While testing the hack on the Leon County optical scan machine, Hursti was stunned to find that pre-stuffing the ballot box to "roll over the odometer" produced no error message whatsoever.

Simple tweaks to pass L&A test and survive zero tape

Though the additional tweaks were not demonstrated at the Leon County elections office, Hursti believes that the integor overflow hack can easily be covered up on the "zero tape" produced at the beginning of the election. The programming to cover up manipulations during the "logic & accuracy test" is even simpler, since the program allows you to specify on which reports (and, if you like, date and time of day) the manipulation will affect.

The testing demonstrated, using the actual voting system used in a real elections office, that Diebold programmers developed a system that sacrifices security in favor of dangerously flexible programming, violating FEC standards and calling the actions of ITA testing labs and certifiers into question.

In the case of Leon County, inside access was used to achieve the hacks, but there are numerous ways to introduce the hacks without inside access. Outside access methods will be described in the technical report to be released in mid-June.

Security concerns

Putting an executable program into removable memory card "ballot boxes" — and then programming the opti-scan chip to call and invoke whatever program is in the live ballot box during the middle of an election — is a mind-boggling design from a security standpoint. Combining this idiotic design with a program that doesn’t even check to see whether someone has tampered with it constitutes negligence and should result in a product recall.

Counties that purchased the Diebold 1.94 optical scan machines should not pay for any upgraded program; instead, Diebold should be required to recall the faulty program and correct the problem at its own expense.

None of the attacks left any telltale marks, rendering all audits and logs useless, except for hand-counting all the paper ballots.

Is it real? Or is it Memorex?

For example, Election Supervisor Ion Sancho was unable to tell, at first, whether the poll tape printed with manipulated results was the real thing. Only the message at the end of the tape, which read "Is this real? Or is it Memorex?" identified the tape as a tampered version of results.

In another test, Congresswoman Corrine Brown (FL-Dem) was shocked to see the impact of a trojan implanted by Dr. Herbert Thompson. She asked if the program could be manipulated in such a way as to flip every fifth vote.

"No problem," Dr. Thompson replied.

"It IS a problem. It’s a PROBLEM!" exclaimed Brown, whose district includes the troubled Volusia County, along with Duval County — both currently using the Diebold opti-scan system.

This system is also used in Congressman John Conyers’ home district, in contentious King County, Washington, and in Lucas County, Ohio (where six election officials resigned or were suspended after many irregularities were found.)

Diebold optical scans were used in San Diego for its ill-fated mayoral election in Nov. 2004.

– – – – – – – – – – –

Optical scan systems have paper ballots, but election officials are crippled in their ability to hand count these ballots due to restrictive state regulations and budget limitations.

The canvassing (audit) procedure used to certify results from optical scan systems involves comparing the "poll tapes" (cash register-like results receipts) with the printout from the central tabulator. These tests demonstrate that both results can be manipulated easily and quickly.

Minimum requirements to perform this hack:

1. A single specimen memory card from any county using the Diebold 1.94 optical scan series. (These cards were seen scattered on tables in King County, piled in baskets accessible to the public in Georgia, and jumbled on desktops in Volusia county.)

2. A copy of the compiler for the AccuBasic program. (These compilers have been fairly widely distributed by Diebold and its predecessor company, and there are workarounds if no compiler is available.)

3. Modest working language of any one of the higher level computer languages (Pascal, C, Cobol, Basic, Fortran…) along with introductory-level knowledge of assembler or machine language. (Machine language knowledge needed is less than an advanced refrigerator or TV repairmen needs. The optical scan system is much simpler than modern appliances).

The existence of the executable program in the memory card was discernable from a review of the Diebold memos. The test hacks took just a few hours for Black Box Voting consultants to develop.

Nearly 800 jurisdictions conducted a presidential election on this system. This system is so profoundly hackable that an advanced-level TV repairman can manipulate votes on it.

Black Box Voting asked Dr. Thompson and Hursti to examine the central tabulator and the optical scan system after becoming concerned that not enough attention had been paid to optical scans, tabulators and remote access.

Thompson and Hursti each found the vulnerabilities for their respective hacks in less than 24 hours.

"Open for Business"

When it comes to this optical-scan system, as Hursti says, "It’s not that they left the door open. There is no door. This system is ‘open for business.’"

The question now is: How brisk has business been? Based on this new evidence, it is time to sequester and examine the memory cards used with Diebold optical scans in Nov. 2004.

The popularity of tamper-friendly machines that are "open for business" in heavily Democratic areas may explain the lethargy with which Democratic leaders have been approaching voting machine security concerns.

The enthusiasm with which Republicans have endorsed machines with no paper ballots at all indicates that neither party really wants to have intact auditing of elections.

The ease with which a system — which clearly violates dozens of FEC standards going back to 1990 — was certified calls into question the honesty, competence, and personal financial transactions of both testing labs and NASED certifiers.

Revamp and update hand-counted paper ballot technology?

Perhaps it is time to revisit the idea of hand-counted paper ballots, printed by machines for legibility, with color-coded choices for quick, easy, accurate sorting and counting. We should also take another look at bringing counting teams in when the polls close, to relieve tired poll workers.

This report is the "non-techie" version of a longer report, to be made available around mid-June, with more technical information.

PERMISSION TO REPRINT GRANTED AS LONG AS YOU PROVIDE A LINK TO http://www.blackboxvoting.org

Discuss this article here: http://www.bbvforums.org/forums/messages/72/5936.html

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