Landslide Denied: Exit Polls vs. Vote Count 2006

Posted in '06 Election, Exit Polls, General on November 19th, 2006

Under-sampling of Democrats in the House Exit Poll

and the Corruption of the Official Vote Count

Jonathan Simon, JD, and Bruce O’Dell1

Election Defense Alliance

Introduction: Pre-Election Concern, Election Day Relief, Alarming Reality

There was an unprecedented level of concern approaching the 2006 Election (“E2006”) about the vulnerability of the vote counting process to manipulation. With e-voting having proliferated nationwide, and with incidents occurring with regularity through 2005 and 2006, the alarm spread from computer experts to the media and the public at large. It would be fair to say that America approached E2006 with held breath.

For many observers, the results on Election Day permitted a great sigh of relief—not because control of Congress shifted from Republicans to Democrats, but because it appeared that the public will had been translated more or less accurately into electoral results, not thwarted as some had feared. There was a relieved rush to conclude that the vote counting process had been fair and that the concerns of election integrity proponents had been overblown.

Unfortunately the evidence forces us to a very different and disturbing conclusion: there was gross vote count manipulation and it had a great impact on the results of E2006, significantly decreasing the magnitude of what would have been, accurately tabulated, a landslide of epic proportions. Because virtually all of this manipulation appears to have been computer-based, and therefore invisible to the legions of at-the-poll observers, the public was informed of “isolated incidents and glitches” but remains unaware of the far greater story: The electoral machinery and vote counting systems of the United States did not honestly and accurately translate the public will and certainly can not be counted on to do so in the future.

The Evidentiary Basis

Our analysis of the distortions introduced into the E2006 vote count relies heavily on the official exit polls once again undertaken by Edison Media Research and Mitofsky International (“Edison/Mitofsky”) on behalf of a consortium of major media outlets known as the National Election Pool (NEP). In presenting exit poll-based evidence of vote count corruption, we are all too aware of the campaign that has long been waged to discredit the reliability of exit polls as a measure of voter intent. Our analysis is not, however, based on a broad assumption of exit poll reliability. We maintain only that the national exit poll for E2006 contains within it a specific question that serves as an intrinsic and objective yardstick by which the validity of the poll’s sample can be established, from which our conclusions flow directly.

For the purposes of this analysis our primary attention is directed to the exit poll in which respondents were asked for whom they cast their vote for the House of Representatives. 2 Although only a few House races were polled as individual races, an additional nationwide sample of more than 10,000 voters was drawn,3 the results representing the aggregate vote for the House in E2006. The sample was weighted according to a variety of demographics and had a margin of error of +/- 1%.

When we compare the results of this national exit poll with the total vote count for all House races we find that once again, as in the 2004 Election (“E2004”), there is a very significant exit poll-vote count discrepancy. The exit poll indicates a Democratic victory margin nearly 4%, or 3 million votes, greater than the margin actually recorded by the vote counting machinery. This is far outside the margin of error of the poll and has less than a one in 10,000 likelihood of occurring as a matter of chance.

___________________________________________________________________________________________

1 Jonathan Simon, JD (http://www.electiondefensealliance.org/jonathan_simon) is Co-founder of Election

Defense Alliance. Bruce O’Dell (http://www.electiondefensealliance.org/bruce_odell) is EDA Data

Analysis Coordinator.

2 Edison/Mitofsky exit polls for the Senate races, which also present alarming discrepancies, will be treated

in a separate paper.

3 The sample size was roughly equal to that used to measure the national popular vote in presidential

elections. At-precinct interviews were supplemented by phone interviews where needed to sample early

and absentee voters.


_____________________________________________________________________________________________

Did The 2006 Exit Poll Oversample Democrats?

An Intrinsic Yardstick Answers This Question

In E2004 the only nontrivial argument against the validity of the exit polls—other than the mere assumption that the vote counts must be correct—turned out to be the hypothesis, never supported by evidence, that Republicans had been more reluctant to respond and that therefore Democrats were “oversampled.”4 And now, in E2006, the claim has once again been made that the Exit Polls were “off” because Democrats were oversampled. Indeed this claim is by now accepted with something of a “so what else is new?” shrug. The 2006 Exit Poll, however, contains an intrinsic yardstick that directly refutes this familiar claim.

Because the NEP envisions the post-election purpose of its exit polls as being limited to facilitating academic dissection of the election’s dynamics and demographics (e.g., “How did the 18-25 age group vote?” or “How did voters especially concerned with the economy vote?”), the NEP methodology calls for “adjusting” its exit polls to congruence with the actual vote percentages after the polls close and actual returns become available. Exit polls are “adjusted” on the ironclad assumption that the vote counts are valid. This becomes the supreme truth, relative to which all else is measured, and therefore it is assumed that polls that match these vote counts will present the most accurate information about the demographics and voting patterns of the electorate.

Logic tells us that if such an adjusted poll yields obviously inaccurate and distorted information about the demographics and voting patterns of the electorate, then the vote count it was forced to match is itself invalid—and quantifiably so.

______________________________________________________________________________________________

4 See for example David Bauder, AP, in a November 8 article at http://www.washingtonpost.com/wpdyn/

content/article/2006/11/08/AR2006110800403.html . Oddly enough, ?oversampling? of Democrats has

become a chronic condition of exit polls since the proliferation of e-voting, no matter how diligently the

nonpartisan collection of experts at the peak of their profession strives to prevent it.

5 Any informed discussion of exit polling must distinguish among three separate categories of data: 1)

“Raw” data, which comprises the actual responses to the questionnaires simply tallied up (this data is never

publicly released and, in any case, makes no claim to accurately represent the electorate and can not be

usefully compared with vote counts); 2) “Weighted” data, which has been weighted or stratified on the

basis of several demographic and voting pattern variables to reflect the electorate as accurately as the

pollsters can manage with the extensive information they possess; and 3) “Forced” or “adjusted” data, in

which the pollster overrides all previous weighting in order to make the “Who did you vote for?” result in a

given race match the vote count for that race, however it distorts the demographics of the sample (that’s

why they call it “forcing”).

6 The 7:07 p.m. exit poll, as posted on CNN.com, reported a 10,207 sample size and, in accordance with

NEP methodology, the raw data had been weighted to closely match the demographics of the electorate.


_____________________________________________________________________________________________

The E2006 exit poll itself contains a “background” question which serves as an intrinsic measuring stick to allow us to put this claim to a very objective test. Respondents were asked for whom they voted in the 2004 presidential election.

Because this very telling intrinsic yardstick was included in the 2006 Exit Poll, it provides an objective basis to assess whether Democratic and Republican voters actually were sampled and weighted in correct proportions. In fact it reveals that Democrats won by a 4% greater margin than indicated by the actual vote count.

In the 2004 election, Bush’s margin was 2.8%. The 2006 exit poll results as of 7:07 p.m. on Election Night recorded a comparable 2% margin among respondents asked for whom they had voted in 2004, 45% Kerry to 47% Bush. This is a very strong indicator that the exit poll, on the evening of November 7th, accurately reflected the official 2006 outcome as a whole. The 2006 national vote for the House, as captured by this weighted but unadjusted Election Night exit poll, was 55.0% Democratic and 43.5% Republican, an 11.5% Democratic margin.

By 1:00 p.m. on Wednesday, November 8th, the final adjusted exit poll reported the overall vote for the House was 52.6% Democratic and 45.0% Republican. This was a 7.6% margin that matched the overnight preliminary 2006 election results tally, but was 3.9% smaller than that recorded by the 7:07 p.m. Election Night poll.

Yet for the same question—“For whom did you vote in the 2004 presidential election?”—the final, adjusted exit poll showed a margin of 43% Kerry to 49% Bush. This 6% margin in favor of Bush was a dramatic distortion of the 2.8% margin actually recorded in E2004.7

In the process of adjustment (or “forced weighting”) to make the poll results equal or mirror the reported vote results, the sample had to be distorted, by giving less weight to the respondents who said they had voted for a Democratic candidate and more weight to the respondents who said they had voted Republican.

In order to match the results of the official tally, the 2006 exit poll adjustment was so extensive that it finally depicted an electorate that voted for Bush over Kerry by a 6% margin in 2004: very clearly an undersampling of Democrats and an oversampling of Republicans.8

See Appendix 1 for detailed tabular presentation of the above data.

____________________________________________________________________________________________

7 While we present the reported 2.8% Bush margin in 2004 at face value, it will not escape notice that the

distortions in vote tabulation that we establish in the current paper were also alleged in 2004, were

evidenced by the 2004 exit polls, and were demonstrably achievable given the electronic voting systems

deployed at that time. We note that, if upon retrospective evaluation the unadjusted 2004 exit polls were as

accurate as the 2006 exit polls have proven to be, and their 2.5% margin for Kerry in 2004 is taken as the

appropriate baseline, a correctly weighted sample in 2006 would have included even more Kerry voters and

even fewer Bush voters than Edison/Mitofsky?s 7:07 p.m. poll, with a substantial consequent up-tick in the

Democratic margin.

8 The distortion is introduced because every “I voted for the Democrat for the House” questionnaire is

given a decreased weight necessary to bring the total Democratic vote down to the official reported

percentage, and every “I voted for the Republican” questionnaire is given an increased weight needed to

bring the total Republican vote up to the official reported percentage. That weighting also affects equally

the response to every question on the questionnaire, including of course the “Who did you vote for in the

presidential election of 2004?? question. That is how the results for that question went from 47%-45%

Bush in the weighted but unadjusted poll to 49%-43% Bush in the adjusted poll posted the next day.


_____________________________________________________________________________________________

What Really Happened On November 7th?

If the final and official exit poll numbers so grossly oversampled Republicans and undersampled Democrats in order to force a match of the overall numbers to the aggregate House vote tally reported on November 8th, then we must conclude that the valid exit poll was the unadjusted exit poll – from 7PM the previous evening – that gave us very nearly the correct proportions of Kerry and Bush voters.

That unadjusted poll indicated that the Democrats’ 2006 total House vote margin was 11.5%, or nearly 4% greater than the 7.6% reported vote count margin.9 This represents nearly a three million vote discrepancy between the validated exit poll results and the reported vote tally for the US House of Representatives. What could account for such a dramatic difference?

_______________________________________________________________________________________________

9 The 11.5% Democratic margin indicated in the unadjusted exit poll early on Election Night also was

consistent with the average of the major ?Generic House? public opinion polls conducted immediately prior

to the election. In fact, the 11.5% margin was substantially smaller than predicted by all but two ?outlier?

polls. nal_ballot-22.html…. It is

worth noting that virtually all of the pre-election polls shift, in the month before the election, to a “likelyvoter

cutoff model” (LCVM) that excludes entirely any voters not highly likely (on the basis of a battery of

screening questions) to cast ballots; that is, it excludes entirely voters with a 25% or even 50% likelihood of

voting. Since these are disproportionately transients and first-time voters, the less educated and affluent, it

is also a correspondingly Democratic constituency that is disproportionately excluded. Ideally these voters

should be down-weighted to their estimated probability of voting, but that probability is not 0%. By

excluding them entirely, these pre-election polls build in a pro-Republican bias of about 2-5%. Dr. Steven

Freeman, visiting professor at the University of Pennsylvania’s Center for Organizational Dynamics, has

examined this phenomenon in great detail. Of course, one of the reasons for the recent shift to the LVCM–

a methodology that pollsters will generally admit is distorted but which they maintain nonetheless ?gets it

right?–is that pollsters are not paid for methodological purity, they are paid to get it right. The reality is

that distorted vote counts and a distorted but ?successful? pre-election polling methodology are

corroborating and validating each other, with only the exit polls (drawn from actual voters) seeming out of

step.

10 Consequently even the unadjusted exit poll, which fit the contours of the 2004 electorate, very likely

undersampled the Democrats voting in E2006. Indeed, once the on-going analysis fully quantifies the

extent of the Democrats’ turnout victory, it will be time to recalculate upward the extent of the vote

miscount in 2006. Our estimates, impounding the several exacerbating factors we have noted, put the likely

Democratic victory margin in the total House vote at more than 20% (61% – 38%).

_______________________________________________________________________________________________

Differential turnout?

While it could be argued that a sample with a 6% Bush > Kerry voter margin might be valid because Republicans turned out in droves and routed the Democrats in the E2006 turnout battle, there are a plethora of measures, including individual precinct tallies, that indicate the obvious: the Democrats clearly won the Get-Out-The-Vote battle; in fact many Republican voters stayed home, dismayed and turned-off by the late-breaking run of scandals, bad news, and missteps.10

The Democrats clearly won the turnout battle and yet the only way that the adjusted exit poll could be valid is to postulate a disproportionately Republican electorate that favored Bush by 6% rather than 2.8% in 2004, clearly a contradiction.

Vote count discrepancy?

If the weighted but unadjusted Election Night exit poll is valid as indicated, then it must be the reported vote tally which is inaccurate.11 Although this is, to put it mildly, an unwelcome finding, it is unfortunately consonant with analyses we are currently performing of the many specific incidents of vote-switching and mistabulation reported in 2006, and with a host of other evidence and analysis that has emerged about electronic voting technology as deployed in the United States.

We have argued that there is a remarkable degree of consensus among computer scientists,12 security professionals,13 government agencies,14 and independent analysts15 that U.S. electronic vote tallying technology is vulnerable to unintentional programming errors16 and to deliberate manipulation—certainly by foul-play-minded insiders at voting equipment vendors, but also by other individuals with access to voting equipment hardware or software.17

We have a system of “faith-based” voting where we are simply asked to trust the integrity of the count produced by the machines that tally our votes, with little if any effective checks and balances. In the context of yet another election replete with reported problems with vote tallying,18 the continuing mismatch between the preferences expressed by voters as captured in national exit polls, and the official vote tally as reported to the public is extremely disturbing.

Conclusion

While the reported results of the 2006 election were certainly well-received by the Democratic party and were ballpark-consistent with public expectations, the unadjusted 2006 exit poll data indicates that what has been cast as a typical midterm setback for a president in his second term was something rather more remarkable – a landslide repudiation of historic proportions.

We believe that the degree of statistical distortion now required to force exit polls to match the official tally is the clearest possible warning that the ever-growing catalog of reported vulnerabilities in America’s electronic vote counting systems are not only possible to exploit, they are actually being exploited.

Any system so clearly at risk of interference and gross manipulation can not and should not be trusted to tally the votes in any future elections.

_______________________________________________________________________________________________

11 It will no doubt be objected that if such substantial manipulation of the vote counts is possible, why

would it stop short of bringing about a general electoral victory? While we would like to credit the

heightened scrutiny engendered by the untiring efforts of election integrity groups, an awakening media,

and a more informed and vigilant public, an alternative, more chilling, explanation has been suggested?

simply that the mechanics of manipulation (software modules, primarily) had to be deployed before latebreaking

pre-election developments greatly expanded the gap that such manipulation would have been

calibrated to cover.

12 For instance http://www.acm.org/usacm/weblog/index.php?cat=6

13 See the credentials of the interdisciplinary Brennan Center Task Force membership at

http://brennancenter.org/dynamic/subpages/download_file_36343.pdf

14 http://www.gao.gov/new.items/d05956.pdf

15 See http://www.blackboxvoting.org/BBVtsxstudy.pdf, http://www.blackboxvoting.org/BBVtsxstudysupp.pdf, and http://www.blackboxvoting.org/BBVreport.pdf

16 Credible reports of voting equipment malfunctions are all too common; one good starting point is

http://www.votersunite.org/info/messupsbyvendor.asp

17 For example http://brennancenter.org/programs/downloads/SecurityFull7-3Reduced.pdf

18 Election 2006 incidents at http://www.votersunite.org/electionproblems.asp

_______________________________________________________________________________________________

 From Election Defense Alliance

 

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Ohio’s 2006 Vote Count Now Includes A Higher Percentage Of Uncounted ballots than in 2004, And A Statistically Impossible Swing To The Republicans

Posted in '06 Election, Absentee Ballots, Bob Fitrakis, Exit Polls, General, Harvey Wasserman, Provisional Ballots, Ron Baiman on November 16th, 2006

by Bob Fitrakis, Harvey Wasserman and Ron Baiman

November 14, 2006

Original Article @ http://www.freepress.org/departments/display/19/2006/2250

The percentage of uncounted votes in the allegedly “fraud free” 2006 Ohio election is actually higher than the fraud-ridden 2004 election, when the presidency was stolen here. A flawed voting process that allowed voters to be illegally turned away throughout the morning on Election Day may have cost the Dems at least two Congressional seats and a state auditor’s seat.

The evidence comes directly from the official website of GOP Secretary of State J. Kenneth Blackwell Blackwell website. But researchers wishing to verify the number of uncounted ballots from that web site should do so immediately, as Blackwell is known for quickly deleting embarrassing evidence. In 2004, Blackwell deleted the evidence of excessive uncounted votes after the final results were tallied.

Despite Democratic victories in five of six statewide partisan offices, an analysis by the Free Press shows a statistically implausible shift of votes away from the Democratic Party statewide candidates on Election Day, contrasted with the results of the Columbus Dispatch’s final poll. The Dispatch poll predicted Democratic gubernatorial candidate Ted Strickland winning with 67% of the vote. His actual percentage was 60%. The odds of this occurring are one in 604 million. 

(Freepress has numbers matrix/chart in this area)

The final Columbus Dispatch poll wrapped up on Friday before the Tuesday election. This poll was based on 1541 registered Ohio voters, with a margin of error at plus/minus 2.2 percentage points and a 95% confidence interval. The Dispatch noted “The survey’s 7-point variance from Democrat Ted Strickland’s actual percentage total broke a string of five straight gubernatorial elections in which the poll exactly matched the victor’s share of the vote.”

The hotly disputed central Ohio Congressional race between incumbent Deborah Pryce, a close friend of George W. Bush, and challenger Mary Jo Kilroy, a Democratic Franklin County Commissioner has not been officially resolved as of today, November 14. The Franklin County Board of Elections has postponed the official recount of this race until after the November 18 Ohio State-Michigan football game. Another bitterly disputed Congressional race, on the outskirts of Cincinnati, also awaits a recount.

The major news leaking from the Blackwell web site is the stunning percentage of uncounted votes still outstanding throughout the state. When John Kerry conceded the day after the 2004 election, there were some 248,000 Ohio votes still uncounted, out of 5,722,443 officially cast. This was an astonishing 4.3% of the votes.

George W. Bush’s alleged margin of victory at the time was about 136,000 votes, which dropped to about 118,000 after a fraudulent recount. More than two years later, more than 100,000 votes from Ohio’s 2004 election remain uncounted including 93,000 machine rejected ballots.

Today, in 2006, the percentage of the official total vote that remains uncounted is actually higher than in 2004. According to Blackwell’s web site, there are 211,656 absentee and provisional ballots still uncounted in 2006, out of 4,177,498 votes officially cast. This is 5.1% of the total official vote.

The high percentage of provisional ballots is due mainly to new strategies used by Blackwell and the GOP legislature to eliminate votes in targeted areas. In Franklin County (Columbus), which is now heavily Democratic, there were 14,462 provisional ballots—2.7% of total votes—cast in 2004. In 2006 the number soared to 20,679, a substantial jump constituting more than 6% of all voters, in an election in which fewer total votes were cast.

Provisional ballots are issued when poll workers challenge citizens’ rights to a regular ballot. The provisional ballot will allegedly be counted later if proof of registration and proper residency are established. But to this day, some 16,000 such provisional ballots from 2004 have never been tallied.

According to Blackwell’s site, in 2006, there are 46,458 uncounted ballots in Franklin County alone. According to Matt Damschroder, Director of the Franklin County Board of Elections, some 19,524 are in Franklin County, where Kilroy is a Commissioner. Another 900 or so Kilroy-Pryce votes remain uncounted in the Madison and Union Counties.

The preliminary vote count finished election night gave Pryce a margin of some 3,536 votes. But Kilroy has refused to concede.

In 2004, Blackwell listed 788 precincts in Franklin Country, with 845,720 registered voters and some 533,575 votes cast, a 63.09% official turnout.

After the 2004 vote, the GOP-controlled board of elections purged some 170,000 Franklin County citizens from the registration rolls. The GOP claimed the right to eliminate those who had not voted in the previous two presidential election cycles. This is allowed by federal law not mandated. The impact has carried over to 2006.

For 2006, Blackwell has listed 834 precincts with 766,490 registered voters and 342,958 votes cast, an official 44.74% turnout. He lists 46,458 absentee and provisional votes cast in Franklin County. But much of the lower turnout and high provisional vote count may have to do with partisan restrictions imposed by Blackwell and the GOP, aimed at stealing elections precisely like the one between Pryce and Kilroy.

New voting requirements imposed by Ohio’s HB 3, passed by the GOP legislature just after the 2004 election, led to the “flagging” of hundreds of thousands of voters in Ohio. Free Press reporters have observed a “Stop Sign” icon next to the name of between 20-40% of the voters in inner city and campus precincts in Columbus.

The stop sign is outlined on page 50 of the Franklin County Board of Elections “Precinct Elections Training Manual.” It is tied to a “60-day election notice” sent to voters, but being returned as “undeliverable.” Ballots cast by voters with stop signs next to their names have been electronically recorded as provisional, according to the Training Manual, and many are likely to go uncounted because the voters were in the wrong precinct.

Traditionally, Ohioans have been able to cast a provisional ballot in any precinct in their home county. But Blackwell issued a directive in the lead-up to the 2004 presidential election ordering that citizens voting in the wrong precinct would not have their votes counted at all.

Free Press observers, and statements called into the Free Press, indicate that poll workers imposed large numbers of provisional ballots on voters in Kilroy’s strongholds at the Ohio State University campus and elsewhere in Columbus. A single election observer with the Five Candidates Election Observer Project 2006 reported that 1000 complaints an hour were coming into the Franklin County Board of Elections. So many were logged early in the day that the phone lines set up for the precinct workers failed. The phones for the public had to be diverted to answer the deluge of questions from pollworkers.

The Kilroy race thus may hinge on how many provisional ballots were trashed at the polling stations or will be discarded during the recount. Because the vast bulk of the uncounted ballots are in Kilroy’s strongholds, the she would normally be expected to pick up enough votes to eradicate Pryce’s current margin. On election night, Fox News initially announced that Kilroy would win.

But Franklin County’s Republican BOE Director Matt Damschroder has postponed the recount until after Saturday’s home game between number one-ranked Ohio State and number two-ranked Michigan. Rioting has traditionally broken out after this game, but the ballots are being stored at the BOE downtown, far from Buckeye Stadium.

The stunning number of uncounted, absentee and provisional ballots listed by Blackwell indicates that there may have been deeper problems with the 2006 Ohio election than widely believed.

Another Congressional race is being bitterly contested in three counties outside Cincinnati that of themselves gave George W. Bush his official margin of victory in 2004. In one of them, Warren County, an unexplained Homeland Security alert was declared just as the polls closed, with independent observers then banned from the vote count. This alert has yet to be explained by the HSA or FBI. In a special 2005 election this district, dubious computer glitches and scantron ballot problems resulted in a late night surge that gave a narrow and much-doubted margin to the Republican, Jean Schmidt, whose re-election by another narrow margin is now being angrily questioned. How many other tight races in Ohio may have been swung by dubious manipulations remains to be seen.

Though it’s just a week since the votes were cast here, reports of parallel irregularities pouring in from around the country indicate that the Rove/Blackwell election theft machine was in high gear on November 7. Thousands of grass-roots volunteers who monitored procedures around the US clearly made a difference.

But the full story of what really happened in Ohio 2006 and elsewhere almost certainly won’t be known until well after this year’s college football season.

–

Bob Fitrakis and Harvey Wasserman are co-authors, with Steve Rosenfeld, of WHAT HAPPENED IN OHIO?, just published by the New Press. They are of counsel and plaintiff in the King Lincoln lawsuit which helped unearth many of the irregularities in the 2004 and 2005 election. Fitrakis was an independent candidate for governor in Ohio 2006, endorsed by the Green Party. Wasserman’s SOLARTOPIA! OUR GREEN-POWERED EARTH, A.D. 2030, is available at www.solartopia.org. Ron Baiman is a statistician and researcher at Loyola University. Read more of their work at http://freepress.org.

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Never Mind the ‘Results,’ Election 2006 Was a Disaster for E-Voting Systems Across the Nation

Posted in '06 Election, Black Box (Electronic) Voting, Brad Blog, Disenfranchisement, General, TAKE ACTION! on November 11th, 2006
(Will Someone Please Tell the Headline Writers at the New York Times and the Associated Press?)

by Brad Friedman of The BRAD BLOG for ComputerWorld.com 

Opinion: E-voting transition a disaster

A smooth transition to electronic balloting? Not so fast, America

November 10, 2006 (Computerworld)

ELECTRONIC VOTING MACHINE SLAYS NINE

Terrorizes Florida in Thrill-Kill Rampage

That headline was from a satirical column written by Andy Borowitz published last Monday, the day before Tuesday’s midterm elections. Unfortunately, given the post-election coverage by some of the nation’s leading media — or at least their headline writers — it seems that only an event such as a Diebold voting machine becoming “unmoored from the floor and…trampling everyone and everything in its path,” as Borowitz wrote, would qualify as anything more than a “glitch,” “hiccup,” “snag” or “snafu.”

“Voting System Worked, With Some Hiccups,” declared the AP headline on Wednesday. “Polling Places Report Snags, but Not Chaos,” echoed The New York Times. “Hiccups”? “Snags”? Try telling that to the thousands of voters around the country who were unable to simply cast a vote last Tuesday because new, untested electronic voting machines failed to work. Monumentally. Across the entire country.

“Not Chaos”? Apparently the Times headline writers failed to check with the folks in Denver who were lined up around the block for hours to vote. They didn’t even bother to read the Denver Post article headlining the problem as a “Voting Nightmare” during the day on Tuesday and quoting voter Lauren Brockman saying, “We will not get to vote today,” after he had shown up before work to vote at 6:45 a.m. at the Botanic Gardens only to wait on line for an hour before giving up.

They didn’t check with Bill Ritter, the Colorado gubernatorial candidate, who had to wait almost two hours to vote, or with Sean Kelley, a Denver resident, who said to the Post, “I can’t believe I’m in the United States of America,” before he gave up and went home without voting after waiting three hours in line when electronic machines broke down. Despite an emergency request, the courts in Colorado refused to allow the city’s new consolidated “Election Centers” to remain open for extra hours that night.

Similar problems led to slightly more responsible officials ordering polls to be kept open longer than scheduled in at least eight other states due to voting machine problems.

In a Times story published the day before (which apparently the headline writers of the previously mentioned piece failed to read), it was reported that in Illinois “hundreds of precincts were kept open … because of late openings at polling places related to machine problems” and in Indiana “voting equipment problems led to extensions of at least 30 minutes in three counties.”

Other states where polls remained open late due to the inability of legally registered voters to vote when they showed up earlier in the day include Pennsylvania, South Carolina, Ohio, Georgia, North Carolina, Indiana and Ohio.

But the list of problems and, yes, meltdowns is still pouring in from around the country. My in-box has been beyond readability since polls opened on Tuesday morning, and my ability to keep up had already been near the breaking point in the weeks prior just from similar reported disasters that occurred with these failing, flipping and flimsy machines during the early voting period in Florida, Arkansas, Missouri, Ohio, Tennessee, Virginia, Texas and California, just to name a few.

On Election Day, the Electronic Frontier Foundation had received about 17,000 complaints on its toll-free hot line by 8 p.m. Common Cause received 14,000 calls by 4 p.m. John Gideon at VotersUnite.org performed the herculean task of logging as many news reports as he could in a searchable online database of reported election problems that day.

The nation dodged a significant bullet when George Allen conceded in his Virginia Senate race Thursday. Had he not chosen to do so, America would have found itself smack-dab in the middle of another Florida 2000 crisis with the balance of Congress depending on voting machines that offer absolutely no way to recount ballots to achieve any form of accuracy or clarity in the race. The battle of the forensic computer scientists trying to figure out what happened would have been another long national nightmare.

But that didn’t happen, so everything’s cool. Right?

We dodged another bullet when Sen. Rick Santorum conceded. Earlier in the day, he and the Pennsylvania Republican Party sent a letter to the secretary of the commonwealth demanding that voting machines in 27 counties be impounded after they received reports of touch-screen votes flipping from the Republican candidate to his Democratic opponent.

Imagine, by the way, if Democrats had taken such a responsible position to impound machines every time votes were reported to have flipped from Democrat to Republican — certainly the more commonly reported occurrence on Tuesday. There wouldn’t be a voting machine left in the country. It’s a pity the Democrats haven’t figured that out. Yet.

They’re so delighted to have won anything they haven’t stopped to realize they might have taken 40 seats in the House instead of just 30 had they bothered to fight for an accountable, secure, transparent electoral system and instructed their candidates to concede nothing until every vote was counted, verified and audited for accuracy.

And still, the Times and AP headline writers — who seem to have failed to read the stories they were headlining, given that each outlined a litany of such meltdowns — believe there’s nothing to be concerned about.

18,000 votes seems to have vanished into thin air via ES&S iVotronic touch-screen machines (no paper “trails,” much less countable paper ballots ) in Sarasota County, site of Florida’s 13th U.S. Congressional District contest between Vern Buchanan and Christine Jennings. There’s currently a 368-vote difference between them, but there’s no paper to to examine to figure out what may have gone wrong and explain how a 13% undervote rate was found in only in that race.

On the very same ballot above that race, the gubernatorial contest had only a 2.6% undervote rate. A hospital board election below it had only a 1% undervote rate. On absentee ballots for the Jennings/Buchanan race, the undervote rate was just 1.8%. Some of the 120 complaints from touch-screen voters that came into the Herald Tribune on Tuesday are published on the newspaper’s site.

18,000 undervotes. In Florida. With no paper ballots to go back and check to see if all of those voters simply chose not to vote in that race for some inexplicable reason. Faith-based voting in a race that Florida election officials in the secretary of state’s office have said they have no plans to investigate.

Good thing the balance of the U.S. House doesn’t hang on that race. Or a presidential election. But why worry about something like that? After all, a mere 18,000 disappeared votes on an electronic voting machine in a single county in Florida could never affect the outcome of a national presidential race. (Again, for the sarcasm-impaired: Right.)

In San Diego, thousands of hackable Diebold voting machines were sent home for three weeks prior to the election with poll workers (most of them apparently high-school teenagers hired by the county’s registrar of voters, Mikel Haas) on “sleepovers.” As Princeton University demonstrated, a hotel mini-bar key and just 60 seconds of unsupervised time with a single machine is just about all a single person would need to steal votes from every machine in the county. Nobody would ever be able to prove it. Thus, there is no basis for confidence in any reported results from any election this year in San Diego County. 50th Congressional District candidate Francine Busby has, so far, appropriately refused to concede despite the wide margin being reported in her race from the tainted, effectively decertified voting machines Haas disgracefully used for the first time this year across the entire county.

In Orange County, Calif., voters were turned away without being able to vote at all when machines failed to work and there were not enough paper ballots for voters to cast their votes. Many reportedly opted to vote on Chinese and Vietnamese ballots when English emergency paper ballots had run out (in places where they even had paper ballots to chose from), just so they could exercise their franchise. Many voters were simply told to “come back later,” when poll workers hoped the machines would be working again.

It is not yet a felony in the United States of America to turn a legally registered voter away from the polls without allowing him to cast a vote. But it damned well should be.

Victoria Wulsin currently trails Jean Schmidt by less than half a percentage point in their Ohio 2nd Congressional District race for the U.S. House. Wulsin has also appropriately refused to concede until every vote is counted, accounted for and verified. But a recount will rely on both the same hackable Diebold AccuVote TSx touch-screen machines used in San Diego and the same ES&S optical scan machines that were found to have mistabulated at least nine Republican primary races in Pottawatomie County, Iowa, last June.

Ten other House races still remain “too close to call.” Many of them will rely on “results” reported by inaccurate, unreliable, untested electronic voting machines.

Fortunately, the balance of the House doesn’t rest on any of those races either, so all is well.

When Warren Stewart of the nonpartisan VoteTrustUSA.org noted a number of Voting Machine Company apologists — from the U.S. Elections Assistance Commission’s Paul Degregorio to California’s unelected secretary of state, Bruce McPherson, to the Election Center’s Doug Lewis and ElectionLine.org’s Doug Chapin — joining the “everything’s fine” crowd, he noted:

They agree that the election went “better than expected,” “relatively smoothly,” with “isolated problems,” “just a few glitches,” “minor issues,” “no major problems.”

So, with multi-hundreds of news reports of election problems across the country — a fraction of the problems that actually occurred — you have to wonder what a meltdown would have to look like.

What would it look like, indeed?

I guess before the voting machine company flunkies and Times and AP headline writers would notice, it would have to look like Borowitz’ “Diebold Rampage” scenario. Though even that would likely have a predictable ending…

The touch-screen terror then cut a swath of death and destruction across the state, despite attempts by the state police to apprehend it.

Florida Gov. Jeb Bush appeared on television later in the day to urge calm, telling residents, “Clearly, Florida’s electronic voting machines are still very much a work in progress.”

At the White House, spokesman Tony Snow did not directly address the issue of the voting machine’s deadly rampage, choosing instead to make general remarks about the electoral process.

“This administration remains steadfast in its support of free and fair elections,” he said, adding, “in Iraq.”

by Brad Friedman of The BRAD BLOG for ComputerWorld.com 

 

 

 

 

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Dems Must Use Successful Midterm as Opportunity to Improve Elections, not Reason to Stop Fighting

Posted in '06 Election, Disenfranchisement, General, TAKE ACTION! on November 11th, 2006

A BUZZFLASH NEWS ANALYSIS

The dust has settled and it is time to step back and look at voting irregularities across the nation. Unlike their counterparts, Democrats have long championed electoral reform, especially after the Florida debacle in 2000 that cost America its duly elected president. Now that Democrats have secured a decisive victory and control Congress without dispute, they should fight even more aggressively to improve elections since they can no longer be dismissed as merely sore losers.

We did not see a catastrophic meltdown last Tuesday as some feared, but there were clearly a plethora of serious problems. Many irregularities stemmed from faulty equipment. For example, about 18,000 touch-screen votes in one county were not recorded for the contest over Katherine Harris’ old House seat, which was decided by a razor-thin margin. Some New Jersey machines began pre-selected for a candidate and responded erratically when changed.

We also know that registration issues turned many people away. Rep. Steve Chabot (R-OH) and Gov. Mark Sanford (R-SC) were the two most infamous cases of such troubles, and even Chelsea Clinton was told that her name was not on the rolls. If these three high profile voters had problems, there were surely countless more whose stories are not being reported.

Additionally, there was also blatant voter intimidation. Virginians in Democratic areas were told over the phone they would be “charged criminally” if they showed up to vote, while other voters were subjected to far worse:

“In Arizona, Roy Warden — an anti-immigration activist with the Minutemen — and a handful of supporters staked out a precinct in the city of South Tucson and questioned Latino voters as they entered the polls to determine if they spoke English.

“Armed with a 9mm Glock automatic strapped to his side, Warden said he planned to photograph as many Latino voters entering polls at as many as 20 precincts in an effort to identify illegal immigrants and felons.”

A quick browse around the internet or a recollection of Tuesday afternoon news reports reveal many other significant issues, such as voters waiting several hours in line. It will be easy for the new Democratic Congress to forget about all of this since they won, but there is still substantial urgency. Given the amount of time it takes elections officials to act, it is not too soon to start thinking about 2008, when the White House will be at stake and the hacks at Diebold will have even more reason and opportunity to rig the outcome.

There is simply no institution in a democracy more vital than the election process. As we saw this week, the people can stand up against a corrupt government and instigate solutions to nearly any problem. With such a long way to go before truly free and fair elections, Democrats should not mistake the 2006 midterms as a reason to cease electoral reform but rather an opportunity to finally begin it effectively.

A BUZZFLASH NEWS ANALYSIS

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What, exactly, is an election meltdown?

Posted in '06 Election, Disenfranchisement, General on November 10th, 2006

The saying goes, “If it ain’t broke, don’t fix it.” But what if it IS broke, and those who could fix it say that it ain’t?

Paul DeGregorio, chairman of the U.S. Election Assistance Commission; Doug Lewis of the Election Center; Doug Chapin of electionline.org; Dan Tokaji, Ohio State law professor; California Secretary of State Bruce McPherson and other secretaries of state tell us that the feared “meltdown” just didn’t happen on November 7, 2006.

They agree that the election went “better than expected,” “relatively smoothly,” with “isolated problems”, “just a few glitches,” “minor issues,” “no major problems.”

So, with multi-hundreds of news reports of election problems across the country — a fraction of the problems that actually occurred — you have to wonder what a meltdown would have to look like.

What if malfunctions of untested registration software in a major city — say, Denver — forced tens of thousands of voters to wait in line for hours and thousands to leave without voting? Would the election still be “smooth”?

What if voting machines failed at thousands of polling places in over half the states, and the problems caused such severe delays in eight states that the voting hours were extended? Is that “just a few glitches”?

What if voting machines of every brand switched people’s votes or lost their votes in states from Florida to Pennsylvania to Illinois to Texas to Kentucky to South Carolina to Maryland to Georgia to Virginia to …   “No major problems?”

What if dozens of people reported that their votes for one Congressional race disappeared from the touch screen, and the election director refused to take the machines out of service, and the results showed that 13% of the voters (18,000) hadn’t registered a vote in that race? And what if the margin of victory was 368 votes, and there was no way to audit the results? A “minor” problem?

What if polling places all across the largest state in the nation, as well as other states, ran out of paper ballots and the voting machines didn’t work? Are these “isolated problems”?

What if lots of electronic ballot boxes (memory cards) were missing in a major city, and only 23 had been found after an extensive search, and the election director said she loses them all the time and normally no one pays any attention, but this time four local races hung in the balance? Is this “smooth” to the people whose ballots were lost in Indianapolis?

And then … what if partisan control of the United States Senate depended on one race in one state, where the reported margin of victory was three-tenths of a percent, and a recount was impossible because there was no way to recover voter intent from the electronic tallies? In what world is this “better than expected”?

In the 2006 general election, voters were given the wrong ballots and told the wrong polling place. They stood in line for hours waiting for equipment to be fixed or more ballots to arrive. They watched their votes disappear on the screen, or flip to another candidate, or even go up in smoke — literally, when an e-voting machine short-circuited.

If the Chairman of the Election Assistance Commission, Secretaries of State, and other influential names in election administration continue calling these dysfunctional election occurrences “normal glitches,” when will the system get fixed?

(If you think it “ain’t broke,” see our problem log.)

from VotersUnite.org 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

by Organik for ElectionFraudBlog.com

 

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Citizen-gathered evidence shows an increasing likelihood of electoral fraud

Posted in '06 Election, Bev Harris, Black Box (Electronic) Voting, General, TAKE ACTION! on October 10th, 2006

It’s going to be up to us to make the case. We can’t solve a problem if we refuse to look. Citizens are fed up with black box elections, and are mustering up evidence of improper behavior that will swing the pendulum back in the direction it belongs.

Examples of the astonishing evidence uncovered by candidates and extraordinary citizens follows.

At first, we proved that the machines “theoretically’ could be tampered with. Then, in experiments in Leon County and Emery County, citizen-led investigations machines could ACTUALLY be tampered with.

At first, public records requests from Black Box Voting and others proved that election results were not authenticatable using available audit records. And now, Black Box Voting and citizens are coming up with audit records that show strong indications of improper behavior.

Be aware that we are not going to see a Perry Mason moment. Proof of corruption will be incremental, but it will come.

In 2006, your job will be to embark on the biggest citizen evidence-gathering expedition in history, to take this past the tipping point and achieve real change. Nothing will do but a reversal of the pendulum, back to citizen ownership and oversight of our own government and its electoral processes.

Let’s take a look now at some of the evidence citizens — and Black Box Voting — are uncovering:

1. Memphis: Candidates in Memphis asked Black Box Voting for help securing public records from the Aug. 3, 2006 election. Black Box Voting recommended getting a copy of the Diebold GEMS database, along with the Windows event log. What we found shocked us: The sheer number of legal and security violations in the event log were horrifying, and it also showed that Shelby County — or someone — was accessing the file during the middle of a Temporary Restraining Order prohibiting this.

– A remote access program called PC Anywhere was found resident in the system

– Evidence of insertion of an encrypted Lexar Jump Drive was present

– Evidence of attempts to alter or write HTML files (used to report results) was present

– Apparently without a firewall, the GEMS system was opened up to the County Network

– A prohibited program, Microsoft Access, which makes editing the election chimpanzee-easy, was installed on the system AND USED shortly after the election.

To read more about Memphis, click here: http://www.bbvforums.org/forums/messages/1954/44242.html

2. Alaska: In early 2006, the Alaska Democratic Party asked Black Box Voting for help. The election numbers simply didn’t add up. BBV’s Jim March urged them to fight for the right to obtain the Diebold GEMS database, which Diebold had until then been asserting proprietary rights over. After months of hard-fought battling, they prevailed. That database was released publicly at Black Box Voting here: http://www.bbvforums.org/forums/messages/2197/44183.html



You can open it yourself in Microsoft Access, and when you do, choose the table called “audit.” In this table you will see evidence that someone was changing things as recently as July 2006 — after the matter was in court, before the file was released. The changes are substantial, and involve redefining ballot and candidate items, along with a reference to a second memory card.

If you don’t have MS Access, here is a pdf copy of that controversial log: http://www.bbvforums.org/forums/messages/2197/44278.html

3. In Georgia, Cynthia McKinney contacted Black Box Voting. Very odd things were happening in the 2006 primary and the runoff election that followed — Democrats were being served up Republican primary ballots on the Diebold touch-screens, McKinney’s name was left off some ballots, but reportedly appeared on other ballots nowhere near her district. The electronic poll books — something Georgia voters never asked for and a whole new source of glitches — were malfunctioning regularly.

Black Box Voting advised McKinney to seek the troubleshooter and pollworker logs. What we found on these shocked us — in an election reported as “smooth” by the press, was evidence of dozens and dozens of voting machine malfunctions, electronic pollbook glitches, and most disturbing of all (given the dire consequences available based on the Hursti and Princeton studies), the seals for dozens of voting machines were missing, broken, and mismatched — yet the machines were used anyway.

To view a list of the problems in Dekalb County, Georgia, click here: http://www.bbvforums.org/forums/messages/1954/44150.html

4. In Ohio, Richard Hayes Phillips examined ballots from the 2004 presidential election. They’d been kept locked up for 22 months, and he was under immense pressure to look at as many as he could before they were destroyed. What he found shocked him: Patterns of tampering, as evidenced by statistically impossible overvotes, strategically placed and favoring George W. Bush.  He listed his findings here: http://www.bbvforums.org/forums/messages/2197/44285.html

This is the tip of the iceberg. The missing ingredient is, and has been, the active oversight of the citizenry. In 2006, please join the movement as an active participant in overseeing and authenticating your election. We’ll help. Start here:

Citizen Tool Kit: http://www.blackboxvoting.org/toolkit.pdf

Bev Harris

Founder

Black Box Voting 

From BlackBoxVoting.org 

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Was the 2004 Election Stolen?

Posted in General on June 1st, 2006

Republicans prevented more than 350,000 voters in Ohio from casting ballots or having their votes counted — enough to have put John Kerry in the White House. BY ROBERT F. KENNEDY JR.

The complete article, with Web-only citations, follows. For more, see exclusive documents, sources, charts and commentary.Like many Americans, I spent the evening of the 2004 election watching the returns on television and wondering how the exit polls, which predicted an overwhelming victory for John Kerry, had gotten it so wrong. By midnight, the official tallies showed a decisive lead for George Bush — and the next day, lacking enough legal evidence to contest the results, Kerry conceded. Republicans derided anyone who expressed doubts about Bush’s victory as nut cases in ”tinfoil hats,” while the national media, with few exceptions, did little to question the validity of the election. The Washington Post immediately dismissed allegations of fraud as ”conspiracy theories,”(1) and The New York Times declared that ”there is no evidence of vote theft or errors on a large scale.”(2)

But despite the media blackout, indications continued to emerge that something deeply troubling had taken place in 2004. Nearly half of the 6 million American voters living abroad(3) never received their ballots — or received them too late to vote(4) — after the Pentagon unaccountably shut down a state-of-the-art Web site used to file overseas registrations.(5) A consulting firm called Sproul & Associates, which was hired by the Republican National Committee to register voters in six battleground states,(6) was discovered shredding Democratic registrations.(7) In New Mexico, which was decided by 5,988 votes,(8) malfunctioning machines mysteriously failed to properly register a presidential vote on more than 20,000 ballots.(9) Nationwide, according to the federal commission charged with implementing election reforms, as many as 1 million ballots were spoiled by faulty voting equipment — roughly one for every 100 cast.(10)

The reports were especially disturbing in Ohio, the critical battleground state that clinched Bush’s victory in the electoral college. Officials there purged tens of thousands of eligible voters from the rolls, neglected to process registration cards generated by Democratic voter drives, shortchanged Democratic precincts when they allocated voting machines and illegally derailed a recount that could have given Kerry the presidency. A precinct in an evangelical church in Miami County recorded an impossibly high turnout of ninety-eight percent, while a polling place in inner-city Cleveland recorded an equally impossible turnout of only seven percent. In Warren County, GOP election officials even invented a nonexistent terrorist threat to bar the media from monitoring the official vote count.(11)

Any election, of course, will have anomalies. America’s voting system is a messy patchwork of polling rules run mostly by county and city officials. ”We didn’t have one election for president in 2004,” says Robert Pastor, who directs the Center for Democracy and Election Management at American University. ”We didn’t have fifty elections. We actually had 13,000 elections run by 13,000 independent, quasi-sovereign counties and municipalities.”

But what is most anomalous about the irregularities in 2004 was their decidedly partisan bent: Almost without exception they hurt John Kerry and benefited George Bush. After carefully examining the evidence, I’ve become convinced that the president’s party mounted a massive, coordinated campaign to subvert the will of the people in 2004. Across the country, Republican election officials and party stalwarts employed a wide range of illegal and unethical tactics to fix the election. A review of the available data reveals that in Ohio alone, at least 357,000 voters, the overwhelming majority of them Democratic, were prevented from casting ballots or did not have their votes counted in 2004(12) — more than enough to shift the results of an election decided by 118,601 votes.(13) (See Ohio’s Missing Votes) In what may be the single most astounding fact from the election, one in every four Ohio citizens who registered to vote in 2004 showed up at the polls only to discover that they were not listed on the rolls, thanks to GOP efforts to stem the unprecedented flood of Democrats eager to cast ballots.(14) And that doesn?t even take into account the troubling evidence of outright fraud, which indicates that upwards of 80,000 votes for Kerry were counted instead for Bush. That alone is a swing of more than 160,000 votes — enough to have put John Kerry in the White House.(15)

”It was terrible,” says Sen. Christopher Dodd, who helped craft reforms in 2002 that were supposed to prevent such electoral abuses. ”People waiting in line for twelve hours to cast their ballots, people not being allowed to vote because they were in the wrong precinct — it was an outrage. In Ohio, you had a secretary of state who was determined to guarantee a Republican outcome. I’m terribly disheartened.”

Indeed, the extent of the GOP’s effort to rig the vote shocked even the most experienced observers of American elections. ”Ohio was as dirty an election as America has ever seen,” Lou Harris, the father of modern political polling, told me. ”You look at the turnout and votes in individual precincts, compared to the historic patterns in those counties, and you can tell where the discrepancies are. They stand out like a sore thumb.”

I. The Exit Polls
The first indication that something was gravely amiss on November 2nd, 2004, was the inexplicable discrepancies between exit polls and actual vote counts. Polls in thirty states weren’t just off the mark — they deviated to an extent that cannot be accounted for by their margin of error. In all but four states, the discrepancy favored President Bush.(16)

Over the past decades, exit polling has evolved into an exact science. Indeed, among pollsters and statisticians, such surveys are thought to be the most reliable. Unlike pre-election polls, in which voters are asked to predict their own behavior at some point in the future, exit polls ask voters leaving the voting booth to report an action they just executed. The results are exquisitely accurate: Exit polls in Germany, for example, have never missed the mark by more than three-tenths of one percent.(17) ”Exit polls are almost never wrong,” Dick Morris, a political consultant who has worked for both Republicans and Democrats, noted after the 2004 vote. Such surveys are ”so reliable,” he added, ”that they are used as guides to the relative honesty of elections in Third World countries.”(18) In 2003, vote tampering revealed by exit polling in the Republic of Georgia forced Eduard Shevardnadze to step down.(19) And in November 2004, exit polling in the Ukraine — paid for by the Bush administration — exposed election fraud that denied Viktor Yushchenko the presidency.(20)

But that same month, when exit polls revealed disturbing disparities in the U.S. election, the six media organizations that had commissioned the survey treated its very existence as an embarrassment. Instead of treating the discrepancies as a story meriting investigation, the networks scrubbed the offending results from their Web sites and substituted them with ”corrected” numbers that had been weighted, retroactively, to match the official vote count. Rather than finding fault with the election results, the mainstream media preferred to dismiss the polls as flawed.(21)

”The people who ran the exit polling, and all those of us who were their clients, recognized that it was deeply flawed,” says Tom Brokaw, who served as anchor for NBC News during the 2004 election. ”They were really screwed up — the old models just don’t work anymore. I would not go on the air with them again.”

In fact, the exit poll created for the 2004 election was designed to be the most reliable voter survey in history. The six news organizations — running the ideological gamut from CBS to Fox News — retained Edison Media Research and Mitofsky International,(22) whose principal, Warren Mitofsky, pioneered the exit poll for CBS in 1967(23) and is widely credited with assuring the credibility of Mexico’s elections in 1994.(24) For its nationwide poll, Edison/Mitofsky selected a random subsample of 12,219 voters(25) — approximately six times larger than those normally used in national polls(26) — driving the margin of error down to approximately plus or minus one percent.(27)

On the evening of the vote, reporters at each of the major networks were briefed by pollsters at 7:54 p.m. Kerry, they were informed, had an insurmountable lead and would win by a rout: at least 309 electoral votes to Bush’s 174, with fifty-five too close to call.(28) In London, Prime Minister Tony Blair went to bed contemplating his relationship with President-elect Kerry.(29)

As the last polling stations closed on the West Coast, exit polls showed Kerry ahead in ten of eleven battleground states — including commanding leads in Ohio and Florida — and winning by a million and a half votes nationally. The exit polls even showed Kerry breathing down Bush’s neck in supposed GOP strongholds Virginia and North Carolina.(30) Against these numbers, the statistical likelihood of Bush winning was less than one in 450,000.(31) ”Either the exit polls, by and large, are completely wrong,” a Fox News analyst declared, ”or George Bush loses.”(32)

But as the evening progressed, official tallies began to show implausible disparities — as much as 9.5 percent — with the exit polls. In ten of the eleven battleground states, the tallied margins departed from what the polls had predicted. In every case, the shift favored Bush. Based on exit polls, CNN had predicted Kerry defeating Bush in Ohio by a margin of 4.2 percentage points. Instead, election results showed Bush winning the state by 2.5 percent. Bush also tallied 6.5 percent more than the polls had predicted in Pennsylvania, and 4.9 percent more in Florida.(33)

According to Steven F. Freeman, a visiting scholar at the University of Pennsylvania who specializes in research methodology, the odds against all three of those shifts occurring in concert are one in 660,000. ”As much as we can say in sound science that something is impossible,” he says, ”it is impossible that the discrepancies between predicted and actual vote count in the three critical battleground states of the 2004 election could have been due to chance or random error.” (See The Tale of the Exit Polls)

Puzzled by the discrepancies, Freeman laboriously examined the raw polling data released by Edison/Mitofsky in January 2005. ”I’m not even political — I despise the Democrats,” he says. ”I’m a survey expert. I got into this because I was mystified about how the exit polls could have been so wrong.” In his forthcoming book, Was the 2004 Presidential Election Stolen? Exit Polls, Election Fraud, and the Official Count, Freeman lays out a statistical analysis of the polls that is deeply troubling.

In its official postmortem report issued two months after the election, Edison/Mitofsky was unable to identify any flaw in its methodology — so the pollsters, in essence, invented one for the electorate. According to Mitofsky, Bush partisans were simply disinclined to talk to exit pollsters on November 2nd(34) — displaying a heretofore unknown and undocumented aversion that skewed the polls in Kerry’s favor by a margin of 6.5 percent nationwide.(35)

Industry peers didn’t buy it. John Zogby, one of the nation’s leading pollsters, told me that Mitofsky’s ”reluctant responder” hypothesis is ”preposterous.”(36) Even Mitofsky, in his official report, underscored the hollowness of his theory: ”It is difficult to pinpoint precisely the reasons that, in general, Kerry voters were more likely to participate in the exit polls than Bush voters.”(37)

Now, thanks to careful examination of Mitofsky’s own data by Freeman and a team of eight researchers, we can say conclusively that the theory is dead wrong. In fact it was Democrats, not Republicans, who were more disinclined to answer pollsters’ questions on Election Day. In Bush strongholds, Freeman and the other researchers found that fifty-six percent of voters completed the exit survey — compared to only fifty-three percent in Kerry strongholds.(38) ”The data presented to support the claim not only fails to substantiate it,” observes Freeman, ”but actually contradicts it.”

What’s more, Freeman found, the greatest disparities between exit polls and the official vote count came in Republican strongholds. In precincts where Bush received at least eighty percent of the vote, the exit polls were off by an average of ten percent. By contrast, in precincts where Kerry dominated by eighty percent or more, the exit polls were accurate to within three tenths of one percent — a pattern that suggests Republican election officials stuffed the ballot box in Bush country.(39)

”When you look at the numbers, there is a tremendous amount of data that supports the supposition of election fraud,” concludes Freeman. ”The discrepancies are higher in battleground states, higher where there were Republican governors, higher in states with greater proportions of African-American communities and higher in states where there were the most Election Day complaints. All these are strong indicators of fraud — and yet this supposition has been utterly ignored by the press and, oddly, by the Democratic Party.”

The evidence is especially strong in Ohio. In January, a team of mathematicians from the National Election Data Archive, a nonpartisan watchdog group, compared the state’s exit polls against the certified vote count in each of the forty-nine precincts polled by Edison/Mitofsky. In twenty-two of those precincts — nearly half of those polled — they discovered results that differed widely from the official tally. Once again — against all odds — the widespread discrepancies were stacked massively in Bush’s favor: In only two of the suspect twenty-two precincts did the disparity benefit Kerry. The wildest discrepancy came from the precinct Mitofsky numbered ”27,” in order to protect the anonymity of those surveyed. According to the exit poll, Kerry should have received sixty-seven percent of the vote in this precinct. Yet the certified tally gave him only thirty-eight percent. The statistical odds against such a variance are just shy of one in 3 billion.(40)

Such results, according to the archive, provide ”virtually irrefutable evidence of vote miscount.” The discrepancies, the experts add, ”are consistent with the hypothesis that Kerry would have won Ohio’s electoral votes if Ohio’s official vote counts had accurately reflected voter intent.”(41) According to Ron Baiman, vice president of the archive and a public policy analyst at Loyola University in Chicago, ”No rigorous statistical explanation” can explain the ”completely nonrandom” disparities that almost uniformly benefited Bush. The final results, he adds, are ”completely consistent with election fraud — specifically vote shifting.”

II. The Partisan Official
No state was more important in the 2004 election than Ohio. The state has been key to every Republican presidential victory since Abraham Lincoln’s, and both parties overwhelmed the state with television ads, field organizers and volunteers in an effort to register new voters and energize old ones. Bush and Kerry traveled to Ohio a total of forty-nine times during the campaign — more than to any other state.(42)

But in the battle for Ohio, Republicans had a distinct advantage: The man in charge of the counting was Kenneth Blackwell, the co-chair of President Bush’s re-election committee.(43) As Ohio’s secretary of state, Blackwell had broad powers to interpret and implement state and federal election laws — setting standards for everything from the processing of voter registration to the conduct of official recounts.(44) And as Bush’s re-election chair in Ohio, he had a powerful motivation to rig the rules for his candidate. Blackwell, in fact, served as the ”principal electoral system adviser” for Bush during the 2000 recount in Florida,(45) where he witnessed firsthand the success of his counterpart Katherine Harris, the Florida secretary of state who co-chaired Bush’s campaign there.(46)

Blackwell — now the Republican candidate for governor of Ohio(47) — is well-known in the state as a fierce partisan eager to rise in the GOP. An outspoken leader of Ohio’s right-wing fundamentalists, he opposes abortion even in cases of rape(48) and was the chief cheerleader for the anti-gay-marriage amendment that Republicans employed to spark turnout in rural counties(49). He has openly denounced Kerry as ”an unapologetic liberal Democrat,”(50) and during the 2004 election he used his official powers to disenfranchise hundreds of thousands of Ohio citizens in Democratic strongholds. In a ruling issued two weeks before the election, a federal judge rebuked Blackwell for seeking to ”accomplish the same result in Ohio in 2004 that occurred in Florida in 2000.”(51)

”The secretary of state is supposed to administer elections — not throw them,” says Rep. Dennis Kucinich, a Democrat from Cleveland who has dealt with Blackwell for years. ”The election in Ohio in 2004 stands out as an example of how, under color of law, a state election official can frustrate the exercise of the right to vote.”

The most extensive investigation of what happened in Ohio was conducted by Rep. John Conyers, the ranking Democrat on the House Judiciary Committee.(52) Frustrated by his party’s failure to follow up on the widespread evidence of voter intimidation and fraud, Conyers and the committee’s minority staff held public hearings in Ohio, where they looked into more than 50,000 complaints from voters.(53) In January 2005, Conyers issued a detailed report that outlined ”massive and unprecedented voter irregularities and anomalies in Ohio.” The problems, the report concludes, were ”caused by intentional misconduct and illegal behavior, much of it involving Secretary of State J. Kenneth Blackwell.”(54)

”Blackwell made Katherine Harris look like a cupcake,” Conyers told me. ”He saw his role as limiting the participation of Democratic voters. We had hearings in Columbus for two days. We could have stayed two weeks, the level of fury was so high. Thousands of people wanted to testify. Nothing like this had ever happened to them before.”

When ROLLING STONE confronted Blackwell about his overtly partisan attempts to subvert the election, he dismissed any such claim as ”silly on its face.” Ohio, he insisted in a telephone interview, set a ”gold standard” for electoral fairness. In fact, his campaign to subvert the will of the voters had begun long before Election Day. Instead of welcoming the avalanche of citizen involvement sparked by the campaign, Blackwell permitted election officials in Cleveland, Cincinnati and Toledo to conduct a massive purge of their voter rolls, summarily expunging the names of more than 300,000 voters who had failed to cast ballots in the previous two national elections.(55) In Cleveland, which went five-to-one for Kerry, nearly one in four voters were wiped from the rolls between 2000 and 2004.(56)

There were legitimate reasons to clean up voting lists: Many of the names undoubtedly belonged to people who had moved or died. But thousands more were duly registered voters who were deprived of their constitutional right to vote — often without any notification — simply because they had decided not to go to the polls in prior elections.(57) In Cleveland’s precinct 6C, where more than half the voters on the rolls were deleted,(58) turnout was only 7.1 percent(59) — the lowest in the state.

According to the Conyers report, improper purging ”likely disenfranchised tens of thousands of voters statewide.”(60) If only one in ten of the 300,000 purged voters showed up on Election Day — a conservative estimate, according to election scholars — that is 30,000 citizens who were unfairly denied the opportunity to cast ballots.

III. The Strike Force
In the months leading up to the election, Ohio was in the midst of the biggest registration drive in its history. Tens of thousands of volunteers and paid political operatives from both parties canvassed the state, racing to register new voters in advance of the October 4th deadline. To those on the ground, it was clear that Democrats were outpacing their Republican counterparts: A New York Times analysis before the election found that new registrations in traditional Democratic strongholds were up 250 percent, compared to only twenty-five percent in Republican-leaning counties.(61) ”The Democrats have been beating the pants off us in the air and on the ground,” a GOP county official in Columbus confessed to The Washington Times.(62)

To stem the tide of new registrations, the Republican National Committee and the Ohio Republican Party attempted to knock tens of thousands of predominantly minority and urban voters off the rolls through illegal mailings known in electioneering jargon as ”caging.” During the Eighties, after the GOP used such mailings to disenfranchise nearly 76,000 black voters in New Jersey and Louisiana, it was forced to sign two separate court orders agreeing to abstain from caging.(63) But during the summer of 2004, the GOP targeted minority voters in Ohio by zip code, sending registered letters to more than 200,000 newly registered voters(64) in sixty-five counties.(65) On October 22nd, a mere eleven days before the election, Ohio Republican Party Chairman Bob Bennett — who also chairs the board of elections in Cuyahoga County — sought to invalidate the registrations of 35,427 voters who had refused to sign for the letters or whose mail came back as undeliverable.(66) Almost half of the challenged voters were from Democratic strongholds in and around Cleveland.(67)

There were plenty of valid reasons that voters had failed to respond to the mailings: The list included people who couldn’t sign for the letters because they were serving in the U.S. military, college students whose school and home addresses differed,(68) and more than 1,000 homeless people who had no permanent mailing address.(69) But the undeliverable mail, Bennett claimed, proved the new registrations were fraudulent.

By law, each voter was supposed to receive a hearing before being stricken from the rolls.(70) Instead, in the week before the election, kangaroo courts were rapidly set up across the state at Blackwell’s direction that would inevitably disenfranchise thousands of voters at a time(71) — a process that one Democratic election official in Toledo likened to an ”inquisition.”(72) Not that anyone was given a chance to actually show up and defend their right to vote: Notices to challenged voters were not only sent out impossibly late in the process, they were mailed to the very addresses that the Republicans contended were faulty.(73) Adding to the atmosphere of intimidation, sheriff’s detectives in Sandusky County were dispatched to the homes of challenged voters to investigate the GOP’s claims of fraud.(74)

”I’m afraid this is going to scare these people half to death, and they are never going to show up on Election Day,” Barb Tuckerman, director of the Sandusky Board of Elections, told local reporters. ”Many of them are young people who have registered for the first time. I’ve called some of these people, and they are perfectly legitimate.”(75)

On October 27th, ruling that the effort likely violated both the ”constitutional right to due process and constitutional right to vote,” U.S. District Judge Susan Dlott put a halt to the GOP challenge(76) — but not before tens of thousands of new voters received notices claiming they were improperly registered. Some election officials in the state illegally ignored Dlott’s ruling, stripping hundreds of voters from the rolls.(77) In Columbus and elsewhere, challenged registrants were never notified that the court had cleared them to vote.

On October 29th, a federal judge found that the Republican Party had violated the court orders from the Eighties that barred it from caging. ”The return of mail does not implicate fraud,” the court affirmed,(78) and the disenfranchisement effort illegally targeted ”precincts where minority voters predominate, interfering with and discouraging voters from voting in those districts.”(79) Nor were such caging efforts limited to Ohio: The GOP also targeted hundreds of thousands of urban voters in the battleground states of Florida,(80) Pennsylvania(81) and Wisconsin.(82)

Republicans in Ohio also worked to deny the vote to citizens who had served jail time for felonies. Although rehabilitated prisoners are entitled to vote in Ohio, election officials in Cincinnati demanded that former convicts get a judge to sign off before they could register to vote.(83) In case they didn’t get the message, Republican operatives turned to intimidation. According to the Conyers report, a team of twenty-five GOP volunteers calling themselves the Mighty Texas Strike Force holed up at the Holiday Inn in Columbus a day before the election, around the corner from the headquarters of the Ohio Republican Party — which paid for their hotel rooms. The men were overheard by a hotel worker ”using pay phones to make intimidating calls to likely voters” and threatening former convicts with jail time if they tried to cast ballots.(84)

This was no freelance operation. The Strike Force — an offshoot of the Republican National Committee(85) — was part of a team of more than 1,500 volunteers from Texas who were deployed to battleground states, usually in teams of ten. Their leader was Pat Oxford, (86) a Houston lawyer who managed Bush’s legal defense team in 2000 in Florida,(87) where he warmly praised the efforts of a mob that stormed the Miami-Dade County election offices and halted the recount. It was later revealed that those involved in the ”Brooks Brothers Riot” were not angry Floridians but paid GOP staffers, many of them flown in from out of state.(88) Photos of the protest show that one of the ”rioters” was Joel Kaplan, who has just taken the place of Karl Rove at the White House, where he now directs the president’s policy operations.(89)

IV. Barriers to Registration
To further monkey-wrench the process he was bound by law to safeguard, Blackwell cited an arcane elections regulation to make it harder to register new voters. In a now-infamous decree, Blackwell announced on September 7th — less than a month before the filing deadline — that election officials would process registration forms only if they were printed on eighty-pound unwaxed white paper stock, similar to a typical postcard. Justifying his decision to ROLLING STONE, Blackwell portrayed it as an attempt to protect voters: ”The postal service had recommended to us that we establish a heavy enough paper-weight standard that we not disenfranchise voters by having their registration form damaged by postal equipment.” Yet Blackwell’s order also applied to registrations delivered in person to election offices. He further specified that any valid registration cards printed on lesser paper stock that miraculously survived the shredding gauntlet at the post office were not to be processed; instead, they were to be treated as applications for a registration form, requiring election boards to send out a brand-new card.(90)

Blackwell’s directive clearly violated the Voting Rights Act, which stipulates that no one may be denied the right to vote because of a registration error that ”is not material in determining whether such individual is qualified under state law to vote.”(91) The decision immediately threw registration efforts into chaos. Local newspapers that had printed registration forms in their pages saw their efforts invalidated.(92) Delaware County posted a notice online saying it could no longer accept its own registration forms.(93) Even Blackwell couldn’t follow the protocol: The Columbus Dispatch reported that his own staff distributed registration forms on lighter-weight paper that was illegal under his rule. Under the threat of court action, Blackwell ultimately revoked his order on September 28th — six days before the registration deadline.(94)

But by then, the damage was done. Election boards across the state, already understaffed and backlogged with registration forms, were unable to process them all in time. According to a statistical analysis conducted in May by the nonpartisan Greater Cleveland Voter Coalition, 16,000 voters in and around the city were disenfranchised because of data-entry errors by election officials,(95) and another 15,000 lost the right to vote due to largely inconsequential omissions on their registration cards.(96) Statewide, the study concludes, a total of 72,000 voters were disenfranchised through avoidable registration errors — one percent of all voters in an election decided by barely two percent.(97)

Despite the widespread problems, Blackwell authorized only one investigation of registration errors after the election — in Toledo — but the report by his own inspectors offers a disturbing snapshot of the malfeasance and incompetence that plagued the entire state.(98) The top elections official in Toledo was a partisan in the Blackwell mold: Bernadette Noe, who chaired both the county board of elections and the county Republican Party.(99) The GOP post was previously held by her husband, Tom Noe,(100) who currently faces felony charges for embezzling state funds and illegally laundering $45,400 of his own money through intermediaries to the Bush campaign.(101)

State inspectors who investigated the elections operation in Toledo discovered ”areas of grave concern.”(102) With less than a month to go before the election, Bernadette Noe and her board had yet to process 20,000 voter registration cards.(103) Board officials arbitrarily decided that mail-in cards (mostly from the Republican suburbs) would be processed first, while registrations dropped off at the board’s office (the fruit of intensive Democratic registration drives in the city) would be processed last.(104) When a grass-roots group called Project Vote delivered a batch of nearly 10,000 cards just before the October 4th deadline, an elections official casually remarked, ”We may not get to them.”(105) The same official then instructed employees to date-stamp an entire box containing thousands of forms, rather than marking each individual card, as required by law.(106) When the box was opened, officials had no way of confirming that the forms were filed prior to the deadline — an error, state inspectors concluded, that could have disenfranchised ”several thousand” voters from Democratic strongholds.(107)

The most troubling incident uncovered by the investigation was Noe’s decision to allow Republican partisans behind the counter in the board of elections office to make photocopies of postcards sent to confirm voter registrations(108) — records that could have been used in the GOP’s caging efforts. On their second day in the office, the operatives were caught by an elections official tampering with the documents.(109) Investigators slammed the elections board for ”a series of egregious blunders” that caused ”the destruction, mutilation and damage of public records.”(110)

On Election Day, Noe sent a team of Republican volunteers to the county warehouse where blank ballots were kept out in the open, ”with no security measures in place.”(111) The state’s assistant director of elections, who just happened to be observing the ballot distribution, demanded they leave. The GOP operatives refused and ultimately had to be turned away by police.(112)

In April 2005, Noe and the entire Board of Elections were forced to resign. But once again, the damage was done. At a ”Victory 2004” rally held in Toledo four days before the election, President Bush himself singled out a pair of ”grass-roots” activists for special praise: ”I want to thank my friends Bernadette Noe and Tom Noe for their leadership in Lucas County.”(113)

V. ”The Wrong Pew”
In one of his most effective maneuvers, Blackwell prevented thousands of voters from receiving provisional ballots on Election Day. The fail-safe ballots were mandated in 2002, when Congress passed a package of reforms called the Help America Vote Act. This would prevent a repeat of the most egregious injustice in the 2000 election, when officials in Florida barred thousands of lawfully registered minority voters from the polls because their names didn’t appear on flawed precinct rolls. Under the law, would-be voters whose registration is questioned at the polls must be allowed to cast provisional ballots that can be counted after the election if the voter’s registration proves valid.(114)

”Provisional ballots were supposed to be this great movement forward,” says Tova Andrea Wang, an elections expert who served with ex-presidents Jimmy Carter and Gerald Ford on the commission that laid the groundwork for the Help America Vote Act. ”But then different states erected barriers, and this new right became totally eviscerated.”

In Ohio, Blackwell worked from the beginning to curtail the availability of provisional ballots. (The ballots are most often used to protect voters in heavily Democratic urban areas who move often, creating more opportunities for data-entry errors by election boards.) Six weeks before the vote, Blackwell illegally decreed that poll workers should make on-the-spot judgments as to whether or not a voter lived in the precinct, and provide provisional ballots only to those deemed eligible.(115) When the ruling was challenged in federal court, Judge James Carr could barely contain his anger. The very purpose of the Help America Vote Act, he ruled, was to make provisional ballots available to voters told by precinct workers that they were ineligible: ”By not even mentioning this group — the primary beneficiaries of HAVA’s provisional-voting provisions — Blackwell apparently seeks to accomplish the same result in Ohio in 2004 that occurred in Florida in 2000.”(116)

But instead of complying with the judge’s order to expand provisional balloting, Blackwell insisted that Carr was usurping his power as secretary of state and made a speech in which he compared himself to Mohandas Gandhi, Martin Luther King Jr. and the apostle Paul — saying that he’d rather go to jail than follow federal law.(117) The Sixth Circuit Court of Appeals upheld Carr’s ruling on October 23rd — but the confusion over the issue still caused untold numbers of voters across the state to be illegally turned away at the polls on Election Day without being offered provisional ballots.(118) A federal judge also invalidated a decree by Blackwell that denied provisional ballots to absentee voters who were never sent their ballots in the mail. But that ruling did not come down until after 3 p.m. on the day of the election, and likely failed to filter down to the precinct level at all — denying the franchise to even more eligible voters.(119)

We will never know for certain how many voters in Ohio were denied ballots by Blackwell’s two illegal orders. But it is possible to put a fairly precise number on those turned away by his most disastrous directive. Traditionally, anyone in Ohio who reported to a polling station in their county could obtain a provisional ballot. But Blackwell decided to toss out the ballots of anyone who showed up at the wrong precinct — a move guaranteed to disenfranchise Democrats who live in urban areas crowded with multiple polling places. On October 14th, Judge Carr overruled the order, but Blackwell appealed.(120) In court, he was supported by his friend and campaign contributor Tom Noe, who joined the case as an intervenor on behalf of the secretary of state.(121) He also enjoyed the backing of Attorney General John Ashcroft, who filed an amicus brief in support of Blackwell’s position — marking the first time in American history that the Justice Department had gone to court to block the right of voters to vote.(122) The Sixth Circuit, stacked with four judges appointed by George W. Bush, sided with Blackwell.(123)

Blackwell insists that his decision kept the election clean. ”If we had allowed this notion of ?voters without borders’ to exist,” he says, ”it would have opened the door to massive fraud.” But even Republicans were shocked by the move. DeForest Soaries, the GOP chairman of the Election Assistance Commission — the federal agency set up to implement the Help America Vote Act — upbraided Blackwell, saying that the commission disagreed with his decision to deny ballots to voters who showed up at the wrong precinct. ”The purpose of provisional ballots is to not turn anyone away from the polls,” Soaries explained. ”We want as many votes to count as possible.”(124)

The decision left hundreds of thousands of voters in predominantly Democratic counties to navigate the state’s bewildering array of 11,366 precincts, whose boundaries had been redrawn just prior to the election.(125) To further compound their confusion, the new precinct lines were misidentified on the secretary of state’s own Web site, which was months out of date on Election Day. Many voters, out of habit, reported to polling locations that were no longer theirs. Some were mistakenly assured by poll workers on the grounds that they were entitled to cast a provisional ballot at that precinct. Instead, thanks to Blackwell’s ruling, at least 10,000 provisional votes were tossed out after Election Day simply because citizens wound up in the wrong line.(126)

In Toledo, Brandi and Brittany Stenson each got in a different line to vote in the gym at St. Elizabeth Seton School. Both of the sisters were registered to vote at the polling place on the city’s north side, in the shadow of the giant DaimlerChrysler plant. Both cast ballots. But when the tallies were added up later, the family resemblance came to an abrupt end. Brittany’s vote was counted — but Brandi’s wasn’t. It wasn’t enough that she had voted in the right building. If she wanted her vote to count, according to Blackwell’s ruling, she had to choose the line that led to her assigned table. Her ballot — along with those of her mother, her brother and thirty-seven other voters in the same precinct — were thrown out(127) simply because they were, in the words of Rep. Stephanie Tubbs Jones (D-Ohio), ”in the right church but the wrong pew.”(128)

All told, the deliberate chaos that resulted from Blackwell’s registration barriers did the trick. Black voters in the state — who went overwhelmingly for Kerry — were twenty percent more likely than whites to be forced to cast a provisional ballot.(129) In the end, nearly three percent of all voters in Ohio were forced to vote provisionally(130) — and more than 35,000 of their ballots were ultimately rejected.(131)

VI. Long Lines
When Election Day dawned on November 2nd, tens of thousands of Ohio voters who had managed to overcome all the obstacles to registration erected by Blackwell discovered that it didn’t matter whether they were properly listed on the voting rolls — because long lines at their precincts prevented them from ever making it to the ballot box. Would-be voters in Dayton and Cincinnati routinely faced waits as long as three hours. Those in inner-city precincts in Columbus, Cleveland and Toledo — which were voting for Kerry by margins of ninety percent or more — often waited up to seven hours. At Kenyon College, students were forced to stand in line for eleven hours before being allowed to vote, with the last voters casting their ballots after three in the morning.(132)

A five-month analysis of the Ohio vote conducted by the Democratic National Committee concluded in June 2005 that three percent of all Ohio voters who showed up to vote on Election Day were forced to leave without casting a ballot.(133) That’s more than 174,000 voters. ”The vast majority of this lost vote,” concluded the Conyers report, ”was concentrated in urban, minority and Democratic-leaning areas.”(134) Statewide, African-Americans waited an average of fifty-two minutes to vote, compared to only eighteen minutes for whites.(135)

The long lines were not only foreseeable — they were actually created by GOP efforts. Republicans in the state legislature, citing new electronic voting machines that were supposed to speed voting, authorized local election boards to reduce the number of precincts across Ohio. In most cases, the new machines never materialized — but that didn’t stop officials in twenty of the state’s eighty-eight counties, all of them favorable to Democrats, from slashing the number of precincts by at least twenty percent.(136)

Republican officials also created long lines by failing to distribute enough voting machines to inner-city precincts. After the Florida disaster in 2000, such problems with machines were supposed to be a thing of the past. Under the Help America Vote Act, Ohio received more than $30 million in federal funds to replace its faulty punch-card machines with more reliable systems.(137) But on Election Day, that money was sitting in the bank. Why? Because Ken Blackwell had applied for an extension until 2006, insisting that there was no point in buying electronic machines that would later have to be retrofitted under Ohio law to generate paper ballots.(138)

”No one has ever accused our secretary of state of lacking in ability,” says Rep. Kucinich. ”He’s a rather bright fellow, and he’s involved in the most minute details of his office. There’s no doubt that he knew the effect of not having enough voting machines in some areas.”

At liberal Kenyon College, where students had registered in record numbers, local election officials provided only two voting machines to handle the anticipated surge of up to 1,300 voters. Meanwhile, fundamentalist students at nearby Mount Vernon Nazarene University had one machine for 100 voters and faced no lines at all.(139) Citing the lines at Kenyon, the Conyers report concluded that the ”misallocation of machines went beyond urban/suburban discrepancies to specifically target Democratic areas.”(140)

In Columbus, which had registered 125,000 new voters(141) — more than half of them black(142) — the board of elections estimated that it would need 5,000 machines to handle the huge surge.(143) ”On Election Day, the county experienced an unprecedented turnout that could only be compared to a 500-year flood,” says Matt Damschroder,(144) chairman of the Franklin County Board of Elections and the former head of the Republican Party in Columbus.(145) But instead of buying more equipment, the Conyers investigation found, Damschroder decided to ”make do” with 2,741 machines.(146) And to make matters worse, he favored his own party in distributing the equipment. According to The Columbus Dispatch, precincts that had gone seventy percent or more for Al Gore in 2000 were allocated seventeen fewer machines in 2004, while strong GOP precincts received eight additional machines.(147) An analysis by voter advocates found that all but three of the thirty wards with the best voter-to-machine ratios were in Bush strongholds; all but one of the seven with the worst ratios were in Kerry country.(148)

The result was utterly predictable. According to an investigation by the Columbus Free Press, white Republican suburbanites, blessed with a surplus of machines, averaged waits of only twenty-two minutes; black urban Democrats averaged three hours and fifteen minutes.(149) ”The allocation of voting machines in Franklin County was clearly biased against voters in precincts with high proportions of African-Americans,” concluded Walter Mebane Jr., a government professor at Cornell University who conducted a statistical analysis of the vote in and around Columbus.(150)

By midmorning, when it became clear that voters were dropping out of line rather than braving the wait, precincts appealed for the right to distribute paper ballots to speed the process. Blackwell denied the request, saying it was an invitation to fraud.(151) A lawsuit ensued, and the handwritten affidavits submitted by voters and election officials offer a heart-rending snapshot of an electoral catastrophe in the offing:(152)

From Columbus Precinct 44D:
”There are three voting machines at this precinct. I have been informed that in prior elections there were normally four voting machines. At 1:45 p.m. there are approximately eighty-five voters in line. At this time, the line to vote is approximately three hours long. This precinct is largely African-American. I have personally witnessed voters leaving the polling place without voting due to the length of the line.”

From Precinct 40:
”I am serving as a presiding judge, a position I have held for some 15+ years in precinct 40. In all my years of service, the lines are by far the longest I have seen, with some waiting as long as four to five hours. I expect the situation to only worsen as the early evening heavy turnout approaches. I have requested additional machines since 6:40 a.m. and no assistance has been offered.”

Precinct 65H:
”I observed a broken voting machine that was not in use for approximately two hours. The precinct judge was very diligent but could not get through to the BOE.”

Precinct 18A:
”At 4 p.m. the average wait time is about 4.5 hours and continuing to increase?. Voters are continuing to leave without voting.”

As day stretched into evening, U.S. District Judge Algernon Marbley issued a temporary restraining order requiring that voters be offered paper ballots.(153) But it was too late: According to bipartisan estimates published in The Washington Post, as many as 15,000 voters in Columbus had already given up and gone home.(154) When closing time came at the polls, according to the Conyers report, some precinct workers illegally dismissed citizens who had waited for hours in the rain — in direct violation of Ohio law, which stipulates that those in line at closing time are allowed to remain and vote.(155)

The voters disenfranchised by long lines were overwhelmingly Democrats. Because of the unequal distribution of voting equipment, the median turnout in Franklin County precincts won by Kerry was fifty-one percent, compared to sixty-one percent in those won by Bush. Assuming sixty percent turnout under more equitable conditions, Kerry would have gained an additional 17,000 votes in the county.(156)

In another move certain to add to the traffic jam at the polls, the GOP deployed 3,600 operatives on Election Day to challenge voters in thirty-one counties — most of them in predominantly black and urban areas.(157) Although it was billed as a means to ”ensure that voters are not disenfranchised by fraud,”(158) Republicans knew that the challengers would inevitably create delays for eligible voters. Even Mark Weaver, the GOP’s attorney in Ohio, predicted in late October that the move would ”create chaos, longer lines and frustration.”(159)

The day before the election, Judge Dlott attempted to halt the challengers, ruling that ”there exists an enormous risk of chaos, delay, intimidation and pandemonium inside the polls and in the lines out the doors.” Dlott was also troubled by the placement of Republican challengers: In Hamilton County, fourteen percent of new voters in white areas would be confronted at the polls, compared to ninety-seven percent of new voters in black areas.(160) But when the case was appealed to the Supreme Court on Election Day, Justice John Paul Stevens allowed the challenges to go forward. ”I have faith,” he ruled, ”that the elected officials and numerous election volunteers on the ground will carry out their responsibilities in a way that will enable qualified voters to cast their ballots.”(161)

In fact, Blackwell gave Republican challengers unprecedented access to polling stations, where they intimidated voters, worsening delays in Democratic precincts. By the end of the day, thanks to a whirlwind of legal wrangling, the GOP had even gotten permission to use the discredited list of 35,000 names from its illegal caging effort to challenge would-be voters.(162) According to the survey by the DNC, nearly 5,000 voters across the state were turned away at the polls because of registration challenges — even though federal law required that they be provided with provisional ballots.(163)

VII. Faulty Machines
Voters who managed to make it past the array of hurdles erected by Republican officials found themselves confronted by voting machines that didn’t work. Only 800,000 out of the 5.6 million votes in Ohio were cast on electronic voting machines, but they were plagued with errors.(164) In heavily Democratic areas around Youngstown, where nearly 100 voters reported entering ”Kerry” on the touch screen and watching ”Bush” light up, at least twenty machines had to be recalibrated in the middle of the voting process for chronically flipping Kerry votes to Bush.(165) (Similar ”vote hopping” from Kerry to Bush was reported by voters and election officials in other states.)(166) Elsewhere, voters complained in sworn affidavits that they touched Kerry’s name on the screen and it lit up, but that the light had gone out by the time they finished their ballot; the Kerry vote faded away.(167) In the state’s most notorious incident, an electronic machine at a fundamentalist church in the town of Gahanna recorded a total of 4,258 votes for Bush and 260 votes for Kerry.(168) In that precinct, however, there were only 800 registered voters, of whom 638 showed up.(169) (The error, which was later blamed on a glitchy memory card, was corrected before the certified vote count.)

In addition to problems with electronic machines, Ohio’s vote was skewed by old-fashioned punch-card equipment that posed what even Blackwell acknowledged was the risk of a ”Florida-like calamity.”(170) All but twenty of the state’s counties relied on antiquated machines that were virtually guaranteed to destroy votes(171) — many of which were counted by automatic tabulators manufactured by Triad Governmental Systems,(172) the same company that supplied Florida’s notorious butterfly ballot in 2000. In fact, some 95,000 ballots in Ohio recorded no vote for president at all — most of them on punch-card machines. Even accounting for the tiny fraction of voters in each election who decide not to cast votes for president — generally in the range of half a percent, according to Ohio State law professor and respected elections scholar Dan Tokaji — that would mean that at least 66,000 votes were invalidated by faulty voting equipment.(173) If counted by hand instead of by automated tabulator, the vast majority of these votes would have been discernable. But thanks to a corrupt recount process, only one county hand-counted its ballots.(174)

Most of the uncounted ballots occurred in Ohio’s big cities. In Cleveland, where nearly 13,000 votes were ruined, a New York Times analysis found that black precincts suffered more than twice the rate of spoiled ballots than white districts.(175) In Dayton, Kerry-leaning precincts had nearly twice the number of spoiled ballots as Bush-leaning precincts.(176) Last April, a federal court ruled that Ohio’s use of punch-card balloting violated the equal-protection rights of the citizens who voted on them.(177)

In addition to spoiling ballots, the punch-card machines also created bizarre miscounts known as ”ballot crawl.” In Cleveland Precinct 4F, a heavily African-American precinct, Constitution Party candidate Michael Peroutka was credited with an impressive forty-one percent of the vote. In Precinct 4N, where Al Gore won ninety-eight percent of the vote in 2000, Libertarian Party candidate Michael Badnarik was credited with thirty-three percent of the vote. Badnarik and Peroutka also picked up a sizable portion of the vote in precincts across Cleveland — 11M, 3B, 8G, 8I, 3I.(178) ”It appears that hundreds, if not thousands, of votes intended to be cast for Senator Kerry were recorded as being for a third-party candidate,” the Conyers report concludes.(179)

But it’s not just third-party candidates: Ballot crawl in Cleveland also shifted votes from Kerry to Bush. In Precinct 13B, where Bush received only six votes in 2000, he was credited with twenty percent of the total in 2004. Same story in 9P, where Bush recorded eighty-seven votes in 2004, compared to his grand total of one in 2000.(180)

VIII. Rural Counties
Despite the well-documented effort that prevented hundreds of thousands of voters in urban and minority precincts from casting ballots, the worst theft in Ohio may have quietly taken place in rural counties. An examination of election data suggests widespread fraud — and even good old-fashioned stuffing of ballot boxes — in twelve sparsely populated counties scattered across southern and western Ohio: Auglaize, Brown, Butler, Clermont, Darke, Highland, Mercer, Miami, Putnam, Shelby, Van Wert and Warren. (See The Twelve Suspect Counties) One key indicator of fraud is to look at counties where the presidential vote departs radically from other races on the ballot. By this measure, John Kerry’s numbers were suspiciously low in each of the twelve counties — and George Bush’s were unusually high.

Take the case of Ellen Connally, a Democrat who lost her race for chief justice of the state Supreme Court. When the ballots were counted, Kerry should have drawn far more votes than Connally — a liberal black judge who supports gay rights and campaigned on a shoestring budget. And that’s exactly what happened statewide: Kerry tallied 667,000 more votes for president than Connally did for chief justice, outpolling her by a margin of thirty-two percent. Yet in these twelve off-the-radar counties, Connally somehow managed to outperform the best-funded Democrat in history, thumping Kerry by a grand total of 19,621 votes — a margin of ten percent.(181) The Conyers report — recognizing that thousands of rural Bush voters were unlikely to have backed a gay-friendly black judge roundly rejected in Democratic precincts — suggests that ”thousands of votes for Senator Kerry were lost.”(182)

Kucinich, a veteran of elections in the state, puts it even more bluntly. ”Down-ticket candidates shouldn’t outperform presidential candidates like that,” he says. ”That just doesn’t happen. The question is: Where did the votes for Kerry go?”

They certainly weren’t invalidated by faulty voting equipment: a trifling one percent of presidential ballots in the twelve suspect counties were spoiled. The more likely explanation is that they were fraudulently shifted to Bush. Statewide, the president outpolled Thomas Moyer, the Republican judge who defeated Connally, by twenty-one percent. Yet in the twelve questionable counties, Bush’s margin over Moyer was fifty percent — a strong indication that the president’s certified vote total was inflated. If Kerry had maintained his statewide margin over Connally in the twelve suspect counties, as he almost assuredly would have done in a clean election, he would have bested her by 81,260 ballots. That’s a swing of 162,520 votes from Kerry to Bush — more than enough to alter the outcome. (183)

”This is very strong evidence that the count is off in those counties,” says Freeman, the poll analyst. ”By itself, without anything else, what happened in these twelve counties turns Ohio into a Kerry state. To me, this provides every indication of fraud.”

How might this fraud have been carried out? One way to steal votes is to tamper with individual ballots — and there is evidence that Republicans did just that. In Clermont County, where optical scanners were used to tabulate votes, sworn affidavits by election observers given to the House Judiciary Committee describe ballots on which marks for Kerry were covered up with white stickers, while marks for Bush were filled in to replace them. Rep. Conyers, in a letter to the FBI, described the testimony as ”strong evidence of vote tampering if not outright fraud.” (184) In Miami County, where Connally outpaced Kerry, one precinct registered a turnout of 98.55 percent (185) — meaning that all but ten eligible voters went to the polls on Election Day. An investigation by the Columbus Free Press, however, collected affidavits from twenty-five people who swear they didn’t vote. (186)

In addition to altering individual ballots, evidence suggests that Republicans tampered with the software used to tabulate votes. In Auglaize County, where Kerry lost not only to Connally but to two other defeated Democratic judicial candidates, voters cast their ballots on touch-screen machines. (187) Two weeks before the election, an employee of ES&S, the company that manufactures the machines, was observed by a local election official making an unauthorized log-in to the central computer used to compile election results. (188) In Miami County, after 100 percent of precincts had already reported their official results, an additional 18,615 votes were inexplicably added to the final tally. The last-minute alteration awarded 12,000 of the votes to Bush, boosting his margin of victory in the county by nearly 6,000. (189)

The most transparently crooked incident took place in Warren County. In the leadup to the election, Blackwell had illegally sought to keep reporters and election observers at least 100 feet away from the polls. (190) The Sixth Circuit, ruling that the decree represented an unconstitutional violation of the First Amendment, noted ominously that ”democracies die behind closed doors.” But the decision didn’t stop officials in Warren County from devising a way to count the vote in secret. Immediately after the polls closed on Election Day, GOP officials — citing the FBI — declared that the county was facing a terrorist threat that ranked ten on a scale of one to ten. The county administration building was hastily locked down, allowing election officials to tabulate the results without any reporters present.

In fact, there was no terrorist threat. The FBI declared that it had issued no such warning, and an investigation by The Cincinnati Enquirer unearthed e-mails showing that the Republican plan to declare a terrorist alert had been in the works for eight days prior to the election. Officials had even refined the plot down to the language they used on signs notifying the public of a lockdown. (When ROLLING STONE requested copies of the same e-mails from the county, officials responded that the documents have been destroyed.) (191)

The late-night secrecy in Warren County recalls a classic trick: Results are held back until it’s determined how many votes the favored candidate needs to win, and the totals are then adjusted accordingly. When Warren County finally announced its official results — one of the last counties in the state to do so (192) — the results departed wildly from statewide patterns. John Kerry received 2,426 fewer votes for president than Ellen Connally, the poorly funded black judge, did for chief justice. (193) As the Conyers report concluded, ”It is impossible to rule out the possibility that some sort of manipulation of the tallies occurred on election night in the locked-down facility.” (194)

Nor does the electoral tampering appear to have been isolated to these dozen counties. Ohio, like several other states, had an initiative on the ballot in 2004 to outlaw gay marriage. Statewide, the measure proved far more popular than Bush, besting the president by 470,000 votes. But in six of the twelve suspect counties — as well as in six other small counties in central Ohio — Bush outpolled the ban on same-sex unions by 16,132 votes. To trust the official tally, in other words, you must believe that thousands of rural Ohioans voted for both President Bush and gay marriage. (195)

IX. Rigging the Recount
After Kerry conceded the election, his campaign helped the Libertarian and Green parties pay for a recount of all eighty-eight counties in Ohio. Under state law, county boards of election were required to randomly select three percent of their precincts and recount the ballots both by hand and by machine. If the two totals reconciled exactly, a costly hand recount of the remaining votes could be avoided; machines could be used to tally the rest.

But election officials in Ohio worked outside the law to avoid hand recounts. According to charges brought by a special prosecutor in April, election officials in Cleveland fraudulently and secretly pre-counted precincts by hand to identify ones that would match the machine count. They then used these pre-screened precincts to select the ”random” sample of three percent used for the recount.

”If it didn’t balance, they excluded those precincts,” said the prosecutor, Kevin Baxter, who has filed felony indictments against three election workers in Cleveland. ”They screwed with the process and increased the probability, if not the certainty, that there would not be a full, countywide hand count.” (196)

Voting machines were also tinkered with prior to the recount. In Hocking County, deputy elections director Sherole Eaton caught an employee of Triad — which provided the software used to count punch-card ballots in nearly half of Ohio’s counties (197) — making unauthorized modifications to the tabulating computer before the recount. Eaton told the Conyers committee that the same employee also provided county officials with a ”cheat sheet” so that ”the count would come out perfect and we wouldn’t have to do a full hand-recount of the county.” (198) After Eaton blew the whistle on the illegal tampering, she was fired.

(199) The same Triad employee was dispatched to do the same work in at least five other counties. (200) Company president Tod Rapp — who contributed to Bush’s campaign (201) — has confirmed that Triad routinely makes such tabulator adjustments to help election officials avoid hand recounts. In the end, every county serviced by Triad failed to conduct full recounts by hand. (202)

Even more troubling, in at least two counties, Fulton and Henry, Triad was able to connect to tabulating computers remotely via a dial-up connection, and reprogram them to recount only the presidential ballots. (203) If that kind of remote tabulator modification is possible for the purposes of the recount, it’s no great leap to wonder if such modifications might have helped skew the original vote count. But the window for settling such questions is closing rapidly: On November 2nd of this year, on the second anniversary of the election, state officials will be permitted under Ohio law to shred all ballots from the 2004 election. (204)

X. What’s At Stake
The mounting evidence that Republicans employed broad, methodical and illegal tactics in the 2004 election should raise serious alarms among news organizations. But instead of investigating allegations of wrongdoing, the press has simply accepted the result as valid. ”We’re in a terrible fix,” Rep. Conyers told me. ”We’ve got a media that uses its bullhorn in reverse — to turn down the volume on this outrage rather than turning it up. That’s why our citizens are not up in arms.”

The lone news anchor who seriously questioned the integrity of the 2004 election was Keith Olbermann of MSNBC. I asked him why he stood against the tide. ”I was a sports reporter, so I was used to dealing with numbers,” he said. ”And the numbers made no sense. Kerry had an insurmountable lead in the exit polls on Election Night — and then everything flipped.” Olbermann believes that his journalistic colleagues fell down on the job. ”I was stunned by the lack of interest by investigative reporters,” he said. ”The Republicans shut down Warren County, allegedly for national security purposes — and no one covered it. Shouldn’t someone have sent a camera and a few reporters out there?”

Olbermann attributes the lack of coverage to self-censorship by journalists. ”You can rock the boat, but you can never say that the entire ocean is in trouble,” he said. ”You cannot say: By the way, there’s something wrong with our electoral system.”

Federal officials charged with safeguarding the vote have also failed to contest the election. ”Congress hasn’t investigated this at all,” says Kucinich. ”There has been no oversight over our nation’s most basic right: the right to vote. How can we call ourselves a beacon of democracy abroad when the right to vote hasn’t been secured in free and fair elections at home?”

Sen. John Kerry — in a wide-ranging discussion of ROLLING STONE’s investigation — expressed concern about Republican tactics in 2004, but stopped short of saying the election was stolen. ”Can I draw a conclusion that they played tough games and clearly had an intent to reduce the level of our vote? Yes, absolutely. Can I tell you to a certainty that it made the difference in the election? I can’t. There’s no way for me to do that. If I could have done that, then obviously I would have found some legal recourse.”

Kerry conceded, however, that the widespread irregularities make it impossible to know for certain that the outcome reflected the will of the voters. ”I think there are clearly states where it is questionable whether everybody’s vote is being counted, whether everybody is being given the opportunity to register and to vote,” he said. ”There are clearly barriers in too many places to the ability of people to exercise their full franchise. For that to be happening in the United States of America today is disgraceful.”

Kerry’s comments were echoed by Howard Dean, the chairman of the Democratic National Committee. ”I’m not confident that the election in Ohio was fairly decided,” Dean says. ”We know that there was substantial voter suppression, and the machines were not reliable. It should not be a surprise that the Republicans are willing to do things that are unethical to manipulate elections. That’s what we suspect has happened, and we’d like to safeguard our elections so that democracy can still be counted on to work.”

To help prevent a repeat of 2004, Kerry has co-sponsored a package of election reforms called the Count Every Vote Act. The measure would increase turnout by allowing voters to register at the polls on Election Day, provide provisional ballots to voters who inadvertently show up at the wrong precinct, require electronic voting machines to produce paper receipts verified by voters, and force election officials like Blackwell to step down if they want to join a campaign. (205) But Kerry says his fellow Democrats have been reluctant to push the reforms, fearing that Republicans would use their majority in Congress to create even more obstacles to voting. ”The real reason there is no appetite up here is that people are afraid the Republicans will amend HAVA and shove something far worse down our throats,” he told me.

On May 24th, Sen. Mitch McConnell (R-Ky.) tried unsuccessfully to amend the immigration bill to bar anyone who lacks a government-issued photo ID from voting (206) — a rule that would disenfranchise at least six percent of Americans, the majority of them urban and poor, who lack such identification. (207) The GOP-controlled state legislature in Indiana passed a similar measure, and an ID rule in Georgia was recently struck down as unconstitutional. (208)

”Why erect those kinds of hurdles unless you’re afraid of voters?” asks Ralph Neas, director of People for the American Way. ”The country will be better off if everyone votes — Democrats and Republicans. But that is not the Blackwell philosophy, that is not the George W. Bush or Jeb Bush philosophy. They want to limit the franchise and go to extraordinary lengths to make it more difficult to vote.”

The issue of what happened in 2004 is not an academic one. For the second election in a row, the president of the United States was selected not by the uncontested will of the people but under a cloud of dirty tricks. Given the scope of the GOP machinations, we simply cannot be certain that the right man now occupies the Oval Office — which means, in effect, that we have been deprived of our faith in democracy itself.

American history is littered with vote fraud — but rather than learning from our shameful past and cleaning up the system, we have allowed the problem to grow even worse. If the last two elections have taught us anything, it is this: The single greatest threat to our democracy is the insecurity of our voting system. If people lose faith that their votes are accurately and faithfully recorded, they will abandon the ballot box. Nothing less is at stake here than the entire idea of a government by the people.

Voting, as Thomas Paine said, ”is the right upon which all other rights depend.” Unless we ensure that right, everything else we hold dear is in jeopardy.

For more, see exclusive documents, sources, charts and commentary

1) Manual Roig-Franzia and Dan Keating, ”Latest Conspiracy Theory — Kerry Won — Hits the Ether,” The Washington Post, November 11, 2004. http://www.washingtonpost.com/wp-dyn/articles/A41106-2004Nov10.html

2) The New York Times Editorial Desk, ”About Those Election Results,” The New York Times, November 14, 2004. http://select.nytimes.com/gst/abstract.html?res=F70615FA3C5B0C778DDDA80994DC404482&n
=Top%2fReference%2fTimes%20Topics%2fSubjects%2fE%2fElection%20Results

3) United States Department of Defense, ”Defense Department Special Briefing on Federal Voting Assistance Program,” August 6, 2004. http://www.defenselink.mil/transcripts/2004/tr20040806-1502.html

4) Overseas Vote Foundation, ”2004 Post Election Survey Results,” June 2005, page 11. http://www.overseasvotefoundation.org/downloads/surveys/ovf_survey_01jun2005_
v1.0_usletter.pdf

5) Jennifer Joan Lee, ”Pentagon Blocks Site for Voters Outside U.S.,” International Herald Tribune, September 20, 2004.

6) Meg Landers, ”Librarian Bares Possible Voter Registration Dodge,” Mail Tribune (Jackson County, OR), September 21, 2004. http://www.mailtribune.com/archive/2004/0921/local/stories/02local.htm

7) Mark Brunswick and Pat Doyle, ”Voter Registration; 3 former workers: Firm paid pro-Bush bonuses; One said he was told his job was to bring back cards for GOP voters,” Star Tribune (Minneapolis, MN), October 27, 2004.

8) Federal Election Commission, Federal Elections 2004: Election Results for the U.S. President. http://www.fec.gov/pubrec/fe2004/2004pres.pdf

9) Ellen Theisen and Warren Stewart, Summary Report on New Mexico State Election Data, January 4, 2005, pg. 2. http://www.democracyfornewmexico.com/democracy_for_new_mexico/files/
NewMexico2004ElectionDataReport-v2.pdf

James W. Bronsan, ”In 2004, New Mexico Worst at Counting Votes,” Scripps Howard News Service, December 22, 2004. 10) ”A Summary of the 2004 Election Day Survey; How We Voted: People, Ballots & Polling Places; A Report to the American People by the United States Election Assistance Commission,” September 2005, pg. 10. http://www.eac.gov/election_survey_2004/pdf/EDS%20exec.%20summary.pdf

11) Facts mentioned in this paragraph are subsequently cited throughout the story.

12) See ”Ohio?s Missing Votes.”

13) Federal Election Commission, Federal Elections 2004: Election Results for the U.S. President. http://www.fec.gov/pubrec/fe2004/2004pres.pdf

14) Democratic National Committee, Voting Rights Institute, “Democracy at Risk: The 2004 Election in Ohio,” June 22, 2005. Page 5 http://a9.g.akamai.net/7/9/8082/v001/www.democrats.org/pdfs/ohvrireport/fullreport.pdf

15) See ”VIII. Rural Counties.”

16) Evaluation of Edison/Mitofsky Election System 2004 prepared by Edison Media Research and Mitofksy International for the National Election Pool (NEP), January 19, 2005, Page 3 http://www.exit-poll.net/election-night/EvaluationJan192005.pdf

17) This refers to data for German national elections in 1994, 1998 and 2002, previously cited by Steven F. Freeman.

18) Dick Morris, “Those Faulty Exit Polls Were Sabotage,” The Hill, November 4, 2004. http://www.hillnews.com/morris/110404.aspx

19) Martin Plissner, “Exit Polls to Protect the Vote,” The New York Times, October 17, 2004.

20) Matt Kelley, “U.S. Money has Helped Opposition in Ukraine,” Associated Press, December 11, 2004. http://www.signonsandiego.com/uniontrib/20041211/news_1n11usaid.html

Daniel Williams, “Court Rejects Ukraine Vote; Justices Cite Massive Fraud in Runoff, Set New Election,” The Washington Post, December 4, 2004.

21) Steve Freeman and Joel Bleifuss, “Was the 2004 Presidential Election Stolen? Exit Polls, Election Fraud, and the Official Count,” Seven Stories Press, July 2006, Page 102.

22) Evaluation of Edison/Mitofsky Election System 2004; prepared by Edison Media Research and Mitofsky International for the National Election Pool (NEP), January 19, 2005, Page 3. http://www.exit-poll.net/election-night/EvaluationJan192005.pdf

23) Mitofsky International Web site. http://www.mitofskyinternational.com/company.htm

24) Tim Golden, “Election Near, Mexicans Question the Questioners,” The New York Times, August 10, 1994.

25) Evaluation of Edison/Mitofsky Election System 2004; prepared by Edison Media Research and Mitofsky International for the National Election Pool (NEP), January 19, 2005, Page 59.

26) Jonathan D. Simon, J.D., and Ron P. Baiman, Ph.D., “The 2004 Presidential Election: Who Won the Popular Vote? An Examination of the Comparative Validity of Exit Poll and Vote Count Data.” FreePress.org, December 29, 2004, P. 9 http://freepress.org/images/departments/PopularVotePaper181_1.pdf

27) Analysis by Steven F. Freeman.

28) Freeman and Bleifuss, pg. 134

29) Jim Rutenberg, ”Report Says Problems Led to Skewing Survey Data,” The New York Times, November 5, 2004.

30) Freeman and Bleifuss, pg. 134

31) Analysis of the 2004 Presidential Election Exit Poll Discrepancies. U.S. Count Votes. Baiman R, et al. March 31, 2005. Page 3. http://www.electionarchive.org/ucvAnalysis/US/Exit_Polls_2004_Edison-Mitofsky.pdf

32) Notes From Campaign Trail, Fox News Network, Live Event, 8:00 p.m. EST, November 2, 2004.

33) Freeman and Bleifuss, pg. 101-102

34) Evaluation of Edison/Mitofsky Election System 2004; prepared by Edison Media Research and Mitofsky International for the National Election Pool (NEP), January 19, 2005, Page 4.

35) Freeman and Bleifuss, pg. 120.

36) Interview with John Zogby

37) Evaluation of Edison/Mitofsky Election System 2004; prepared by Edison Media Research and Mitofsky International for the National Election Pool (NEP), January 19, 2005, Page 4.

38) Freeman and Bleifuss, pg. 128.

39) Freeman and Bleifuss, pg. 130.

40) “The Gun is Smoking: 2004 Ohio Precinct-level Exit Poll Data Show Virtually Irrefutable Evidence of Vote Miscount,” U.S. Count Votes, National Election Data Archive, January 23, 2006. http://uscountvotes.org/ucvAnalysis/OH/Ohio-Exit-Polls-2004.pdf

41) ”The Gun is Smoking,” pg. 16.

42) The Washington Post, “Charting the Campaign: Top Five Most Visited States,” November 2, 2004. http://www.washingtonpost.com/wp-srv/politics/elections/2004/charting.html

43) John McCarthy, “Nearly a Month Later, Ohio Fight Goes On,” Associated Press Online, November 30, 2004.

44) Ohio Revised Code, 3501.04, Chief Election Officer http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=main-h.htm&cp=PORC

45) Joe Hallett, ”Blackwell Joins GOP?s Spin Team,” The Columbus Dispatch, November 30, 2004.

46) Gary Fineout, ”Records Indicate Harris on Defense,” Ledger (Lakeland, Florida), November 18, 2000.

47) http://www.kenblackwell.com/

48) Joe Hallett, ”Governor; Aggressive First Round Culminates Tuesday,” Columbus Dispatch, April 30, 2006. http://www.dispatch.com/extra/extra.php?story=dispatch/2006/04/30/20060430-B1-02.html

49) Sandy Theis, ”Blackwell Accused of Breaking Law by Pushing Same-Sex Marriage Ban,” Plain Dealer (Cleveland, OH), October 29, 2004.

50) Raw Story, “Republican Ohio Secretary of State Boasts About Delivering Ohio to Bush.” http://rawstory.rawprint.com/105/blackwell_campaign_letter2_105.php

51) In the United States District Court For the Northern District of Ohio Northern Division, The Sandusky County Democratic Party et al. v. J. Kenneth Blackwell, Case No. 3:04CV7582, Page 8. http://electionlawblog.org/archives/10-20%20Order.pdf

52) Preserving Democracy: What Went Wrong in Ohio, Status Report of the House Judiciary Committee Democratic Staff (Rep. John Conyers, Jr.), January 5, 2005. http://www.house.gov/judiciary_democrats/ohiostatusrept1505.pdf

53) Preserving Democracy, pg. 8.

54) Preserving Democracy, pg. 4.

55) The board of elections in Cuyahoga, Franklin and Hamilton counties.

56) Analysis by Richard Hayes Phillips, a voting rights advocate.

57) Fritz Wenzel, ”Purging of Rolls, Confusion Anger Voters; 41% of Nov. 2 Provisional Ballots Axed in Lucas County,” Toledo Blade, January 9, 2005. http://toledoblade.com/apps/pbcs.dll/article?AID=/20050109/NEWS09/501090334&SearchID
=73195662517954

58) Analysis by Hayes Phillips.

59) Cuyahoga County Board of Elections

60) Preserving Democracy, pg. 6.

61) Ford Fessenden, ”A Big Increase of New Voters in Swing States,” The New York Times, September 26, 2004. http://www.nytimes.com/2004/09/26/politics/campaign/26vote.html?ex=1254024000&en=
cd9ae70cb6e69619&ei=5088&partner=rssnyt

62) Ralph Z. Hallow, ”Republicans Go ?Under the Radar? in Rural Ohio,” The Washington Times, October 28, 2004. http://washtimes.com/national/20041027-115211-1609r.htm

63) Jo Becker, ”GOP Challenging Voter Registrations,” The Washington Post, October 29, 2004. http://www.washingtonpost.com/wp-dyn/articles/A7422-2004Oct28.html

64) Janet Babin, ”Voter Registrations Challenged in Ohio,” NPR, All Things Considered, October 28, 2004.

65) In the United States District Court for the Southern District of Ohio, Western Division, Amy Miller et al. v. J. Kenneth Blackwell, Case no. C-1-04-735, Page 2. http://fl1.findlaw.com/news.findlaw.com/hdocs/docs/election2004/mlrblackwell102704ord.pdf

66) Sandy Theis, “Fraud-Busters Busted; GOP?s Blanket Challenge Backfires in a Big Way,” Plain Dealer, October 31, 2004.

67) Daniel Tokaji, “Early Returns on Election Reform,” George Washington Law Review, Vol. 74, 2005, page 1235

68) Sandy Theis, “Fraud-Busters Busted; GOP?s Blanket Challenge Backfires in a Big Way,” Plain Dealer, October 31, 2004.

69) Andrew Welsh-Huggins, ”Out of Country, Off Beaten Path; Reason for Voting Challenges Vary,” Plain Dealer (Cleveland, OH), October 27, 2004.

70) Ohio Revised Code; 3505.19

71) Directive No. 2004-44 from J. Kenneth Blackwell, Ohio Sec?y of State, to All County Boards of Elections Members, Directors, and Deputy Directors 1 (Oct. 26, 2004).

72) Fritz Wenzel, ”Challenges Filed Against 931 Lucas County Voters,” Toledo Blade, October 27, 2004. http://www.toledoblade.com/apps/pbcs.dll/article?AID=/20041027/
NEWS09/410270361/-1/NEWS

73) In the United States District Court for the Southern District of Ohio, Western Division, Amy Miller et al. v. J. Kenneth Blackwell, Case no. C-1-04-735, Page 4. http://news.corporatecounselcentre.ca/hdocs/docs/election2004/mlrblackwell102704ord.pdf

74) LaRaye Brown, ”Elections Board Plans Hearing For Challenges,” The News Messenger, October 26, 2004.

75) LaRaye Brown, ”Elections Board Plans Hearing For Challenges,” The News Messenger, October 26, 2004.

76) Miller v. Blackwell, (S.D. Ohio), (6th Cir. 2004) http://news.corporatecounselcentre.ca/hdocs/docs/election2004
/mlrblackwell102704ord.pdf

77) James Drew and Steve Eder, ”Court Rejects GOP Voter Challenge; Some Counties Hold Hearings Anyhow; 200 Voters Turned Away,” Toledo Blade, October 30, 2004. http://www.toledoblade.com/apps/pbcs.dll/article?AID=/20041030/NEWS09/410300450/-1/NEWS

78) United States Court of Appeals for the Third Circuit, Republican National Committee v. Democratic National Committee, No. 04-4186 http://moritzlaw.osu.edu/electionlaw/litigation/documents/
petitionforrehearingenbanc.pdf

79) United States Court of Appeals for the Third Circuit, Republican National Committee v. Democratic National Committee, No. 04-4186 http://moritzlaw.osu.edu/electionlaw/litigation/documents/petitionforrehearingenbanc.pdf

80) Kate Zernike and William Yardley, ”Charges of Dirty Tricks, Fraud and Voter Suppression Already Flying in Several States,” The New York Times, November 1, 2004.

Greg Palast, “New Florida Vote Scandal Feared,” BBC News, October 26, 2004.

81) Kate Zernike and William Yardley, ”Charges of Dirty Tricks, Fraud and Voter Suppression Already Flying in Several States,” The New York Times, November 1, 2004.

82) Greg J. Borowski, ”GOP Demands IDs of 37,000 in City,” Milwaukee Journal Sentinel, October 30, 2004. http://www2.jsonline.com:80/news/metro/oct04/271173.asp

83) “The Disenfranchisement of the Re-Enfranchised; How Confusion Over Felon Voter Eligibility in Ohio Keeps Qualified Ex-Offender Voters From the Polls,” Prison Reform Advocacy Center, Cincinnati, Ohio, August 2004. http://www.prisonsucks.com/scans/Ohio%20Felon%20Voting%20Rights%20Paper.pdf

84) Preserving Democracy, 64.
Note: Additional reporting contributed to this paragraph.

85) Gardner Selby, ”Hundreds of Texans Ride Bandwagons Around U.S.; Volunteers Say Election is Too Important Not to Hit the Campaign Trail,” San Antonio Express-News (Texas), October 15, 2004.

86) ”Down to the Wire,” Newsweek, November 15, 2004.

87) Lynda Gorov and Anne E. Kornblut, ”Gore to Challenge Results; No Plans to Concede; top Fla. Court refuses to order resumption of Miami-Dade County,” The Boston Globe, November 24, 2000. http://graphics.boston.com/news/politics/campaign2000/news/Gore_to_
challenge_results+.shtml

88) Al Kamen, “Miami ?Riot? Squad: Where are they Now?” Washington Post, January 24, 2005. http://www.washingtonpost.com/wp-dyn/articles/A31074-2005Jan23.html

89) Al Kamen, “Walking the Talk,” Washington Post, April 21, 2006. http://www.washingtonpost.com/wp-dyn/content/article/2006/04/20/AR2006042002067.html

90) Secretary of State Directive, No. 2004-31, Section II, September 7, 2004.

91) Tokaji, pg. 1227
and
Voting Rights Act, 42 U.S.C. 1971(a)(2)(B) (2000).

92) Jim Bebbington and Laura Bischoff, ”Blackwell Rulings Rile Voting Advocates,” Dayton Daily News. 93) Congress of the United States House of Representatives, Committee on the Judiciary, letter from Conyers to Blackwell. http://www.house.gov/judiciary_democrats/ohblackwellfollowupltr12304.pdf

94) Catherine Candisky, ”Secretary of State Lifts Order on Voting Forms; Lighter Paper Now Deemed Acceptable for Registration,” Columbus Dispatch, September 30, 2004.

95) Analyses of Voter Disqualification, Cuyahoga County, Ohio, November 2004, Greater Cleveland Voter Registration Coalition, updated May 9, 2006, page 14. http://www.clevelandvotes.org/news/reports/Analyses_Full_Report.pdf

96) Analyses of Voter Disqualification, page 5.

97) Analyses of Voter Disqualification, page. 1.

98) Lucas County Board of Elections — Results of Investigation Following November 2004 General Election, April 5, 2005, Richard Weghorst and Faith Lyon. http://www.sos.state.oh.us/sos/electionsvoter/lucas/LucasCountyInvestigationReport.pdf

99) “Feds Confirm Investigation of GOP Campaign Contributor,” The Associated Press State & Local Wire, April 28, 2005.

100) Mark Naymik, ”Coin Dealer Raised Chunk of Change for Bush,” Plain Dealer, August 7, 2005.

101) Christopher D. Kirkpatrick, “Noe Indicted for Laundering Money to Bush Campaign,” Toledo Blade, October 27, 2005. http://www.toledoblade.com/apps/pbcs.dll/article?AID=/20051027/
DEVELOPINGNEWS/51027023

Mike Wilkinson and James Drew, “Grand Jury Charges Noe with 53 Felony Counts,” Toledo Blade, February 13, 2006. http://www.toledoblade.com/apps/pbcs.dll/article?AID=/20060213/BREAKINGNEWS
/60213015

102) Lucas County Report, pg. 2.

103) Lucas County Report, pg. 9.

104) Lucas County Report, pg. 10.

105) Lucas County Report, pages 9-10.

106) Lucas County Report, pg. 9.

107) Lucas County Report, pg. 9.

108) Lucas County Report, pg. 18.

109) Lucas County Report, pages 18-19.

110) Lucas County Report, pg. 19.

111) Lucas County Report, pages 4, 6.

112) Lucas County Report, pg. 6.

113) “Remarks by the President at Victory 2004 Rally,” Seagate Convention Centre, Toledo, Ohio, October 29, 2004, The White House. http://www.whitehouse.gov/news/releases/2004/10/20041029-16.html

note: Bernadette and Tom Noe?s last name is incorrectly spelled “Noy” in the official White House transcript.

114) Help America Vote Act, Title III, Uniform and Nondiscriminatory Election Technology and Administration Requirements, Subtitle A Requirements, Section 302. http://www.fec.gov/hava/law_ext.txt

115) Directive No. 2004-33 from J. Kenneth Blackwell, Ohio Sec?y of State, to All County Boards of Elections 1 (Sept. 16, 2004.).

116) In the United States District Court for the Northern District of Ohio, Western Division, The Sandusky County Democratic Party v. J. Kenneth Blackwell, Case No. 3:04CV7582, Page 8. http://electionlawblog.org/archives/10-20%20Order.pdf

117) Gregory Korte and Jim Siegel, ”Defiant Blackwell Rips Judge; Secretary Says He?d go to Jail Before Rewriting Ballot Memo,” Cincinnati Enquirer, October 22, 2004. http://www.enquirer.com/editions/2004/10/22/loc_blackwell22.html

118) Sandusky County Democratic Party v. Blackwell, (N.D. Ohio), (6th Cir. 2004).
And
Tokaji, pg. 1229

119)Tokaji, pg. 1231

120) ”Judge, Blackwell, Spar Over Provisional Ballots,” The Associated Press, October 20, 2004. 121) In the United States District Court for the Northern District of Ohio Western Division, The League of Women Voters of Ohio, et al. v. J. Kenneth Blackwell, Case No. 3:04 CV 7622 http://www.moritzlaw.osu.edu/electionlaw/docs/lowv/doc15a.pdf

122) David G. Savage, Richard B. Schmitt, “Bush Seeks Limit to Suits Over Voting Rights,” Los Angeles Times, October 29, 2004. http://www.commondreams.org/headlines04/1029-10.htm

123) Judge Julia Smith Gibbons August 2, 2002
Judge John M. Rogers November 27, 2002
Judge Jeffrey S. Sutton May 5, 2003
Judge Deborah L. Cook May 7, 2003
http://www.ca6.uscourts.gov/internet/court_of_appeals/courtappeals_judges.htm

124) Darrell Rowland and Lee Leonard, “Federal Agency Distances Itself from Ohio Official; Blackwell Says Their Provisional-Balloting Positions are the Same,” Columbus Dispatch (Ohio), October 20, 2004.

125) David S. Bernstein, “Questioning Ohio,” Providence Phoenix, November 12 -18, 2004. http://www.providencephoenix.com/features/other_stories/multi_1/documents/04259695.asp

126) Norma Robbins, ”Facts to Ponder About the 2004 General Election,” May 10, 2006. http://www.clevelandvotes.org/news/reports/Facts_to_Ponder.pdf

127) Fritz Wenzel, “Purging of Rolls, Confusion Anger Voters; 41% of November 2nd Provisional Ballots Axed in Lucas County,” Toledo Blade, January 9, 2005. http://toledoblade.com/apps/pbcs.dll/article?AID=/20050109/NEWS09/501090334/-1/NEWS

128) Interview with Stephanie Tubbs Jones

129) Democratic National Committee, Voting Rights Institute, “Democracy at Risk: The 2004 Election in Ohio,” June 22, 2005. Page 6.

130) Democracy at Risk, pg. 5.

131) Ohio Secretary of State Web site, Provisional Ballots; Official Tabulation, November 2, 2004. http://www.sos.state.oh.us/sos/ElectionsVoter/results2004.aspx?Section=148

132) Michael Powell and Peter Slevin, “Several Factors Contributed to ?Lost? Voters in Ohio,” Washington Post, December 15, 2004.

Christopher Hitchens, “Ohio?s Odd Numbers,” Vanity Fair. http://www.vanityfair.com/commentary/content/printables/050214roco05?print=true

Additional analysis by Bob Fitrakis, editor of the Columbus Free Press, and Richard Hayes Phillips.

133) Democracy at Risk, pg. 3.

134) Preserving Democracy, pg. 29.

135) Democracy at Risk, pg. 5.

136) Bernstein, Providence Phoenix 137) U.S. Election Assistance Comm’n, Funding for States, http://www.eac.gov/early_money.asp
and Tokaji, pg. 1222.

138) ”The Battle Over Voting Technology,” PBS, Online NewsHour, December 16, 2003. http://www.pbs.org/newshour/vote2004/primaries/sr_technology_debate.html
Paul Festa, ”States Scrutinize e-Voting as Primaries Near,” CNET News.com, December 8, 2003. http://news.com.com/States+scrutinize+e-voting+as+primaries+near/2100-1028_3-5114062.html

139) Preserving Democracy, pg. 27.

140) Preserving Democracy, pg. 30.

141) Matt Damschroder, chairman of Franklin County Board of Elections. 142) Preserving Democracy, pg. 26. 143) Michael Powell and Peter Slevin, “Several Factors Contributed to ‘Lost’ Voters in Ohio,” Washington Post, December 15, 2004. http://www.washingtonpost.com/ac2/wp-dyn/A64737-2004Dec14?language=printer

144) Correspondence with Matt Damschroder.

145) Suzanne Hoholik and Mark Ferenchik, “GOP Council Hopes Rising; Party expects ruling on peititions will put its candidate on ballot,” Columbus Dispatch, March 26, 2003.

146) Preserving Democracy, pg. 25.

147) Mark Niquette, “GOP Strongholds Saw Increase in Voting Machines,” Columbus Dispatch, December 12, 2004. http://www.dispatch.com/news-story.php?story=dispatch/2004/12/12/20041212-A1-03
.html&rfr=nwsl

148) Michael Powell and Peter Slevin, “Several Factors Contributed to ‘Lost’ Voters in Ohio,” Washington Post, December 15, 2004. http://www.washingtonpost.com/wp-dyn/articles/A64737-2004Dec14.html

149) Columbus Free Press editor, Bob Fitrakis.

150) “Voting Machine Allocation in Franklin County, Ohio, 2004: Response to the U.S. Department of Justice Letter of June 29, 2005,” Walter R. Mebane, Jr., February 11, 2006, Page 13. http://macht.arts.cornell.edu/wrm1/franklin2.pdf

151) Tokaji, pg. 1238.

Ohio Democratic Party v. Blackwell, No. C2 04 1055, (S.D. Ohio Nov. 2, 2004).

http://moritzlaw.osu.edu/electionlaw/docs/ohio/041102LongLinecomplaint.pdf

152) Ohio Democratic Party v. Blackwell, No. C2 04 1055, (S.D. Ohio Nov. 2, 2004). http://moritzlaw.osu.edu/electionlaw/docs/ohio/041102LongLinecomplaint.pdf

153) Ohio Democratic Party v. Blackwell, No. C2 04 1055, slip op. At 1 (S.D. Ohio Nov. 2, 2004). http://moritzlaw.osu.edu/electionlaw/docs/ohio/041102LongLineOrder.pdf

154) Washington Post, “Several Factors Contributed to ‘Lost’ Voters in Ohio,” Michael Powell and Peter Slevin, December 15, 2004.

155) Preserving Democracy, pg. 25.

156) Affidavit of Richard Hayes Phillips, December 10, 2004. http://www.yuricareport.com/2004%20Election%20Fraud/AffidavitPhillipsShowsKerryCouldWinOhio.html

157) Mark Niquette, “Finally, It’s Time to Vote; U.S. Appeals Court Overturns Ban, Allows Challengers Back in Polling Sites,” Columbus Dispatch (Ohio), November 2, 2004.

158) In the United States District Court for the Southern District of Ohio, Western Division, Marian A. Spencer, et. al., v. J. Kenneth Blackwell, Case no. C-1-04-738, page 3. http://www.ohsd.uscourts.gov/pdf/Spencer.65.ord.pdf

159) James Dao, “The 2004 Campaign: Ohio, G.O.P. Bid to Contest Registrations is Blocked,” The New York Times, October 28, 2004. http://select.nytimes.com/gst/abstract.html?res=F20C11FA39590C7B8EDDA90994DC404482

160) Marian A. Spencer, et. al., v. J. Kenneth Blackwell; In the United States District Court for the Southern District of Ohio, Western Division; Case no. C-1-04-738. http://www.ohsd.uscourts.gov/pdf/Spencer.65.ord.pdf

161) Dan Horn, Howard Wilkinson, and Cindi Andrews, “Supreme Court Justice Allows Challengers,” Cincinnati Enquirer. http://www.enquirer.com/midday/11/11032004_News_mday_challengers03.html

162) Tokaji, pages 1237-1238.

163) Democracy at Risk, pg. 20.

164) The Columbus Free Press.

165) “Errors Plague Voting Process in Ohio, Pa.” The Vindicator, November 3, 2004, Vindicator Staff Report http://www.vindy.com/basic/news/281829446390855.php

166) Voters Unite catalogues news reports from around the country that give examples of dysfunctional voting machines, among other election stories. http://www.votersunite.org/electionproblems.asp?sort=date&selectstate=ALL
&selectproblemtype=Machine+malfunction

167) The Columbus Free Press.

168) Jim Woods, “In One Precinct, Bush’s Tally was Supersized by a Computer Glitch,” Columbus Dispatch (Ohio), November 5, 2004.

169) Hitchens, Vanity Fair.

170) Letter from J. Kenneth Blackwell, Ohio Secretary of State, to Doug White, President, Ohio Senate 3 (Feb. 26, 2004).

171) Sixty-eight counties used punch card ballots. Thirteen used optical scan machines. Seven used touch-screen technology.

172) Malia Rulon, “Congressman Calls For FBI Investigation Into Ohio Election,” The Associated Press State & Local Wire, December 15, 2004.

173) Tokaji, Page 1221.

174) Jim Konkoly, ”Volunteers Complete Local Recount,” Coshocton Tribune, December 18, 2004.

175) New York Times, “Voting Problems in Ohio Spur Call for Overhaul,” James Dao, Ford Fessenden, December 24, 2004. http://www.nytimes.com/2004/12/24/national/24vote.html?ex=1261544400&en=
0e0adbe08ff79c22&ei=5088&partner=rssnyt

176) Ken McCall and Jim Bebbington, ”Two Precincts had High Undercounts, Analysis Shows,”Dayton Daily News, November 18, 2004.

177) Lisa A. Abraham, “Punch-Card Voting is Illegal,” Akron Beacon Journal, April 22, 2006. http://www.ohio.com/mld/ohio/news/14404305.htm?template=contentModules/printstory.jsp

178) Analysis by Hayes Phillips.

179) Preserving Democracy, pg. 57.

180) Analysis by Hayes Phillips.

181) Analysis completed by using official tallies on the Ohio Secretary of State Web site.
Official tallies for Kerry:
http://www.sos.state.oh.us/sos/ElectionsVoter/results2004.aspx?Section=135

Official tallies for Connally:
http://www.sos.state.oh.us/sos/ElectionsVoter/results2004.aspx?Section=138

182) Preserving Democracy, pg. 55.

183. Analysis conducted through official vote tallies posted on Ohio Secretary of State Web site.

http://www.sos.state.oh.us/sos/ElectionsVoter/results2004.aspx?Section=135

http://www.sos.state.oh.us/sos/ElectionsVoter/results2004.aspx?Section=138

184. Letter from Rep. John Conyers to Chris Swecker, assistant director of the Criminal Investigative Division at the Federal Bureau of Investigation. See attached affidavits.

http://www.house.gov/judiciary_democrats/ohelecfbifollowupltr12805.pdf

185. Miami County Board of Elections.

186. Confirmed by Bob Fitrakis of the Free Press

187. Analysis conducted through official vote tallies posted on Ohio Secretary of State Web site.

188. Erin Miller, “Board Awaits State Follow Up,” The Evening Leader.

http://www.theeveningleader.com/articles/2004/11/06/news/news.01.txt

189. “Preserving Democracy,” pages 58-59.

190. The Associated Press, “News Groups Sue Ohio Elections Chief Over Poll Access,” Associated Press, November 2, 2004.

and

Mark Crispin Miller, “None Dare Call It Stolen,” Harper’s, August 2005.

http://www.harpers.org/ExcerptNoneDare.html

191. Incidents in Warren County were catalogued in a series of articles by the Cincinnati Enquirer:

Erica Solving, “No Changes in Final Warren Co. Vote Count; E-mails Released Monday Show Lockdown Pre-planned,” Cincinnati Enquirer, November 16, 2004.

http://news.enquirer.com/apps/pbcs.dll/article?AID=/20041116/NEWS01/411160355/1056

Erica Solving, “Warren’s Vote Tally Walled Off; Alone in Ohio, Officials Cited Homeland Security,” Cincinnati Enquirer, November 5, 2004.

http://www.enquirer.com/editions/2004/11/05/loc_warrenvote05.html

Erica Solvig and Dan Horn, “Warren Co. Defends Lockdown Decision; FBI denies warning officials of any special threat,” Cincinnati Enquirer, November 10, 2004.

Erica Solvig, “Warren Co. Recount Goes Public; After Election Night lockdown, security eases up,” Cincinnati Enquirer, December 15, 2004.

192. Erica Solvig, “Warren’s Vote Tally Walled Off; Alone in Ohio, Officials Cited Homeland Security,” Cincinnati Enquirer, November 5, 2004.

http://www.enquirer.com/editions/2004/11/05/loc_warrenvote05.html

193. Analysis conducted through official vote tallies posted on the Ohio Secretary of State Web site.

194. “Preserving Democracy,” pg. 52.

195. Analysis conducted through official vote tallies posted on the Ohio Secretary of State Web site.

196. Joan Mazzolini, “Workers Accused of Fudging ’04 Recount; Prosecutor Says Cuyahoga Skirted Rules,” The Plain Dealer, April 6, 2006.

http://www.cleveland.com/election/plaindealer/index.ssf?/base/cuyahoga/
1144312870224340.xml&coll=2

197. Malia Rulon, “Congressman Calls for FBI Investigation Into Ohio election,” The Associated Press, December 15, 2004.

198. Affidavit, December 13, 2004, Sherole Eaton, Re: General Election 2004, Hocking County.

http://www.truthout.org/mm_01/5.121004.Robersondep.pdf

199. Jon Craig, “’04 Election in Hocking County; Worker Who Questioned Recount is Asked to Quit,” Columbus Dispatch (Ohio), June 1st, 2005.

http://www.dispatch.com/news-story.php?story=dispatch/2005/06/01/20050601-B3-03
.html&chck=t

200. “Preserving Democracy,” pg. 81.

201. www.opensecrets.org

202. “Preserving Democracy,” pg. 82.

203. “Preserving Democracy,” pg. 83.

204. Ohio Secretary of State’s press office.

205. Count Every Vote Act of 2005

http://www.pfaw.org/pfaw/dfiles/file_493.pdf

206. Dena Bunis, “Senate Limits Immigration Debate,” The Orange County Register, May 24, 2006.

http://www.ocregister.com/ocregister/homepage/abox/article_1153484.php

207. Tokaji’s blog, Election Law at Moritz, “McConnell’s Voter ID Amendment,” May 22, 2006.

http://moritzlaw.osu.edu/blogs/tokaji/2006/05/mcconnells-voter-id-amendment.html

208. United States District Court Northern District of Georgia, Rome Division.

http://moritzlaw.osu.edu/blogs/tokaji/Order%20Granting%20Preliminary%20Injunction%20email.pdf

ROBERT F. KENNEDY JR.

Reposted from Rolling Stone Magazine

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Election Fraud Tip; The Doomsday Device for Democracy — A How To

Posted in General on April 1st, 2006

On March 31, a certain Air America Radio personality and comedian reportedly related a comment that it was "more likely than not" that 2004 Ohio presidential voting was not "hacked". He cited unspecified MIT professors that did an unspecified amount of work on this issue (perhaps none). In any case, it wasn’t too dang funny.

Leaving aside the issue that only four counties in Ohio had touch screen voting machines and that the bulk of available methods of altering computerized election results illegally would not be fairly described as "hacks", and also leaving aside the various professors and computer experts who would beg to differ with or qualify this MIT statement, there’s a very important realization that gets lost regarding the likely strategy of anyone contemplating election fraud:

******************************
WHEREVER it is more likely than not that something is innocuous or at least not deliberate, that is the VERY BEST place for a hacker or rigger to attack!
******************************

An insider rigger, in particular, has little to no barriers to action (they’re "insiders", right?). Yet, election fraud is among the most intentional and planned of crimes. So the rigger will concentrate their mental efforts on planning defenses and deniability. That’s why they attack particularly in places that look like "glitches", look like human error, that look like "voter error", or look like machine defects of a non-intentional nature.

Touch screen calibration problems are a great example. Miscalibration can happen naturally from vibration, it can happen from a attempted recalibration error, it can happen because of software "glitches", or IT CAN HAPPEN AS AN INTENTIONAL ATTACK, by a user, by an insider official, or by the source code.

But, in the event of such an actual intentional attack, it will be easy to find an expert who in good faith can state it’s "more likely than not" that this is just _________________ (you fill in the non-intentional excuse from the list above). They won’t be "lying", not intentionally.

Many things are MORE LIKELY THAN NOT non-intentional. Yet that very fact makes it the perfect place to attack. Journalists will almost never get beyond a fork in the road like this because they want "proof" not alternative possibilities, and investigators will similarly be either fooled by the seeming innocuousness or deterred from passing by this fork in the road by fears of going out on a limb. One necessarily IS going out on a limb and blowing past the innocent explanations.

But, once way out on the limb, you can pick up more facts that can help distinguish the non-intentional from the intentional. And, a good investigator NEEDS to do that, but few do. Among other things, piecing together facts to put together even a compelling VERY MUCH MORE LIKELY THAN NOT case is to be what we all know and are taught to distrust as "conspiracy theory". Because there’s an alternative innocent explanation. Some also invoke Occam’s Razor, saying the simpler explanation is the better one. But that also means that the slightly more complicated fraud is the BEST one of all, the one that doesn’t get you caught.

I am definitely NOT suggesting that every mis-named "glitch" evasion or every "voter error" allegation is cover for election fraud. I’m saying it’s attractive potential and even likely cover for election fraud. And I freely admit that it is quite possible that there is no actual intentional fraud in most given cases, so long as my opponent acknowledges that fraud can’t be ruled out, either.

In any event, regardless of the presence of intent or not, the damage to democracy from "glitches" is almost identical between when the results are thrown off non-intentionally and when they are thrown off intentionally. In both cases, an inaccurate election result is being published as the gospel truth. Passing off a knockoff tennis shoe as Adidas is itself a form of fraud on the consumer, even if the storekeeper had no idea they were knockoffs and therefore lacks the knowledge and intent necessary for the type of fraud laymen usually assume is the only type of "fraud", the intentional type more precisely called "common law fraud".

So given that in most cases where multiple possibilities exist on the issue of intentional vs. nonintentional, a fair-minded person has to admit that it is at least POSSIBLE that it was non-intentional error, just as a fair-minded person has to admit that it is POSSIBLE that it is fraudulent or intentional error, in the classic sense. MAKING ONE OF THESE TWO POSSIBILITIES THE ONE THAT IS "MORE LIKELY THAN NOT" HARDLY SEEMS TO END THE ISSUE, because the key evidence is still being withheld under trade secrecy claims of the corporate vote counting vendors.

This is why TRANSPARENCY is so VERY important. It is indispenable, and in fact MORE IMPORTANT THAN ACCURACY (if we were forced to choose). This is so because All serious barriers to full election data, information and testing are doomsday devices for democracy that prevent us from knowing which of thousands of glitches and miscalibrations were covers for fraud and which were not. Therefore we can not adjust our course, or make any correction and lies are known as the truth.

There are many serious issues to choose from, global warming, war and peace, human rights, etc. But the reason election transparency is more primary and more important than the rest of these issues is because the only thing scarier and more dangerous than these runaway train issues is having the ability to correct course via legitimate elections taken away.

It’s like putting blindfolds on the train engineer and all the passengers, who know they can’t see well but none of whom are allowed to be fully aware of the nature and extent of the blindfold, limiting their ability to even try to remove it. Then, just like elections, those who’ve placed the blindfolds on say you have no standing to challenge the blindfold or ask a court for its removal because you can’t prove that you’ve been damaged or that damage is otherwise imminent.

The barriers to information that are the doomsday devices for democracy are also the instruments of our collective terror, and that deceptively divide us passengers, even as we all act in complete good faith as passengers. This happens when the passengers argue amongst themselves as to what is happening to them on a "more likely than not" basis. The passengers are all themselves most likely acting entirely in good faith, but the arguments are part fact and part Rohrschach test, with no correct answer per se.

But there is one Answer that is clearly wrong. It is the Answer that says "because the data suggesting DANGER AHEAD, while present, is not Proven, and while these fellow passengers of course support transparency and taking the blindfolds off, they nevertheless strongly maintain that there’s NO BASIS to accuse those who placed the blindfolds on us passengers of bad faith."

There most certainly is such a basis. Reckless endangerment to democracy, attempted democracide, and democracide itself, though we won’t find the body of democracy until we realize that the act of blindfolding the passengers was the death of democracy, with the crime completed at that time. What happens after is the "collateral damage" to the passengers. Many passengers, unfortunately, tend to think that having been taught that they were born into a democracy, if they have not personally died or moved out of their country of birth, they must STILL BE in a democracy. And, all jailers have pretty much seen the wisdom of allowing television, so perhaps in this age of miniaturization it is not too far a stretch to imagine that the blindfolds look like shades, and the shades allow the passengers to watch virtual TV. With this TV, they think their field of vision has actually been expanded enormously.

Somebody should find out who placed the blindfolds on, and when that person is found, you will have found a true terrorist against democracy. Meanwhile, others will keep scouring the sands of the Middle East, for a similar purpose of finding terrorists against democracy. Perhaps you should have a little compassion for these rank and file Grand Old Passengers in support of the Middle East democracy threat hypothesis, for at least they understand or intuit that there’s a danger, though they fail to appreciate much danger from within. Those that have a better idea what’s happened to them can also fail to appreciate fully that what they are in fact trying to restore in democracy is a system that will continue to allow freedom, including the freedom to believe the TV, for freedom is meaningless if it doesn’t include the freedom to do or believe unpopular or incorrect things. So, this freedom we are fighting for, includes the freedom and certainly must include the freedom for innocent rank and file to continue to believe as they do.

At the end of my blindfolded runaway train allegory, the passengers win. But they do so for somewhat surprising reasons:

1. They win because they convince a majority of passengers that if they do not admit to the significant possibility that someone would takeover the American Train and blindfold the passengers, then they must not think TrainAmerica is a very good train, because they don’t think any one would truly covet her that badly. Our Grand Old Passengers were forced to admit on that because they loved their country, and thus the danger of election fraud was properly recognized as a serious threat.

2. They win because they agree to disagree with the Grand Old Passengers, acknowledging that both rank and file groups were out of luck if the overall situation continued, and that the condition to be restored retained all the rights of all political beliefs and that the officers of the train that had failed them included representatives of both parties. Our Grand Old Passengers were forced to admit that they didn’t want to be disfranchised either alone or together with the activist passengers, and thus the shared values and interests were recognized.

3. They win because it became clear that it wasn’t "cool" to have these kinds of "shades" on, train or no train. Our Grand Old Passengers were forced to admit that not being able to correct one’s course at all was a most serious recipe for maximum unhappiness of all passengers, and thus the value of transparency in elections was suddenly clear.

The passengers removed the blindfolds and stormed the engine. The terrorists against democracy turned out to be more pathetic than the man behind the curtain in the Wizard of Oz.

It’s just that, in returning to their seats and now enjoying the train ride much more than before, those of both political parties that see themselves as the Masters of Democracy or even the Masters of the Universe were already secretly preparing the next set of blindfolds. But this time, every compartment on the train had regular visual and audio reminders that said:

"Beware those who would deny you information. For in their heart, they see themselves your Master."

—Paul R Lehto
Attorney at Law
lehtolawyer@hotmail.com

Posted by Land Shark on Democratic Underground 

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G.W. Bush Conspired with Others to Steal the 2000 and 2004 Elections.

Posted in General on February 13th, 2006

by Buzzflash.com columnist Maureen Farrell
Extracted from Top 10 ‘Conspiracy Theories’ about George W. Bush, Part 2.
See also… Top 10 ‘Conspiracy Theories’ about George W. Bush, Part 1

"There was one exact moment, in fact, when I knew for sure that Al Gore would Never be President of the United States, no matter what the experts were saying — and that was when the whole Bush family suddenly appeared on TV and openly scoffed at the idea of Gore winning Florida. It was Nonsense, said the Candidate, Utter nonsense. . .Anybody who believed Bush had lost Florida was a Fool. The Media, all of them, were Liars & Dunces or treacherous whores trying to sabotage his victory . . Here was the whole bloody Family laughing & hooting & sneering at the dumbness of the whole world on National TV. The old man was the real tip-off. The leer on his face was almost frightening. It was like looking into the eyes of a tall hyena with a living sheep in its mouth. The sheep’s fate was sealed, and so was Al Gore’s."
Hunter S. Thompson, ESPN, Nov. 27, 2000

"[The Bush Family’s] sense of how to win elections comes out of a CIA manual, not out of the Declaration of Independence or the Constitution."
Former GOP strategist Kevin Phillips, BuzzFlash, Jan. 7. 2004

While some believe a coup began on Sept. 11, others will tell you it began with the 2000 election. Even though George Bush’s first cousin declared him the winner and his brother Jeb assured him he’d won Florida, many Americans remained unconvinced.

First there was the surreal sight of the Bush family on national TV, as staged and phony as Susan Smith’s tearful plea to return her "kidnapped" children. Then came the well-groomed thugs, sent on Enron and Halliburton planes to stop the Florida recount. But it wasn’t just James Baker’s ploys or the Supreme Court’s ruling that signaled something was amiss — it was the attitude of ordinary citizens who were more concerned about their "team" winning than about democracy itself.

Unless you rely solely on FOX news (the modern equivalent to "living under a rock"), the shenanigans that occurred in pre-election Florida are now old news, and have been dissected at length in documentaries, magazines and to some degree, in the mainstream press. A St . Petersburg Times op-ed later deemed the election "stolen," the Associated Press reported that Florida had "quietly" admitted "election fraud," and Vanity Fair devoted a sizable portion of its Oct. 2004 issue to exactly how Team Bush pulled it off. By the time CNN sued the state of Florida for its ineligible voters list in 2004, the underbelly of the beast was plainly visible.

But in Nov. 2001, when Greg Palast uncovered then Secretary of State Katherine Harris’ role in the shameful voter roll purge in Florida, the news was explosive. The New York Times — the paper that would later print front page disinformation to sell the war in Iraq — took a pass, however, until three years later, when it was too late to do anything about it.

At first, election irregularities were featured as anomalies, like when the Washington Post covered computer glitches that literally subtracted thousands of votes from Al Gore and gave them to a Socialist candidate. By the time similar problems were reported during the 2002 midterm and 2004 primary elections, people were understandably skittish, with e-voting failures having "shaken confidence in the technology installed at thousands of precincts" — with as many as 20 states introducing legislation calling for paper receipts on voting machines.

In early 2004, Mother Jones predicted that "Ohio could become as decisive this year as Florida was four years ago" and sure enough, Americans awoke the day after the election without a decisive winner. And though John Kerry later conceded, questions have since been raised by computer programmers, mathematicians, journalists and others. "Was the election of 2004 stolen?" columnist Robert Koehler asked, before addressing the many "numbers-savvy scientists are saying that the numbers don’t make sense."

There were warnings before the election, of course, with red flags being raised by researchers at prestigious Stanford and John Hopkins Universities. But despite Diebold’s CEO’s promise to deliver Ohio’s electoral votes to George W. Bush, Ohio Secretary of State Kenneth Blackwell’s prominent role in the Bush/Cheney campaign, and the suspicious election night lock-down in Warren County, Ohio, many still believed election angst could be attributed to a super-sized case of "sour grapes."

When Christopher Hitchens, who is admittedly not a Kerry fan, also weighed in, however, that excuse flew out the window. "Whichever way you shake it, or hold it to the light, there is something about the Ohio election that refuses to add up. . . ," he wrote.

Rep. John Conyers and the Government Accountability Office also found widespread irregularities, and when statisticians picked apart the election results, Bush was not the legitimate winner. Pollster John Zogby compared the 2004 election to 1960’s suspicious contest, and University of Pennsylvania professor Steven F. Freeman put the odds that exit polls were that wrong, in that many states, at 250 million to one.

The evidence was so compelling, in fact, that NYU professor Mark Crispin Miller took it upon himself to tackle the proverbial suggestion "somebody should write a book." His extensively-researched yet largely ignored Fooled Again: How the Right Stole the 2004 Election & Why They’ll Steal the Next One Too (Unless We Stop Them) shines a crucial light on the "stealthy combination of computerized vote theft, bureaucratic monkey business, systematic shortages of viable equipment and old-fashioned dirty tricks. . . " that led to democracy’s last debacle, and will most likely lead to the next.

Ohio’s 2005 election also failed the smell test, and by late Jan. 2006, the Washington Post looked into allegations of election tampering — without the dismissive, lazy reporting usually afforded the subject. Describing tests conducted by Florida’s Leon County supervisor of elections Ion Sancho, using "relatively unsophisticated hacking techniques," the paper quickly uncovered how easy it is to steal an election. "Can the votes of this Diebold system be hacked using the memory card?" election officials asked test participants, and though two marked their ballots "yes" and six said "no," by the time they went through Diebold’s optical scan machine, the results read seven "yes" votes and one "no."

"More troubling than the test itself was the manner in which Diebold simply failed to respond to my concerns or the concerns of citizens who believe in American elections," Sancho said. "I really think they’re not engaged in this discussion of how to make elections safer."

Hmmm. You don’t say.

There is a reason, you see, that "None Dare Call It Stolen," and that reasons extends beyond the preponderance of evidence. "If electronic voting machines programmed by private Republican firms remain in our future, dissent will become pointless unless it boils over into revolution," former Assistant Secretary of the Treasury Paul Craig Roberts wrote. "Power-mad Republicans need to consider the result when democracy loses its legitimacy and only the rich have anything to lose."

James Madison predicted a similar scenario. "The day will come when our Republic will be an impossibility," he reportedly told the New York Post. "It will be an impossibility because wealth will be concentrated in the hands of a few."

Those would be the "one percenters." And chances are, you aren’t one of them.

*************

© Copyright 2004, Maureen Farrell

Maureen Farrell is a writer and media consultant who specializes in helping other writers get television and radio exposure.

Extracted from Top 10 ‘Conspiracy Theories’ about George W. Bush, Part 2. See also… Top 10 ‘Conspiracy Theories’ about George W. Bush, Part 1

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