http://www.freepress.org/columns/display/3/2004/985
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| Are the provisional ballots in Ohio being thrown out? A new rule for counting provisional ballots in Cuyahoga County, Ohio was implemented on Tuesday, November 9 at approximately 2:30 in the afternoon, according to election observer Victoria Lovegren. The new ruling in Cuyahoga County mandates that provisional ballots in yellow packets must be "Rejected" if there is no "date of birth" on the packet. The Free Press obtained copies of the original "Provisional Verification Procedure" from Cuyahoga County which stated "Date of birth is not mandatory and should not reject a provisional ballot." The original procedure required the voter's name, address and a signature that matched the signature in the county's database. Lovegren described the clerks as "kind of disturbed" after the new ruling came down. She said that one of the clerks told her, "This is new. This just came down. They just changed it in the last thirty minutes." According to Lovegren, 80 yellow-jacketed provisional ballots piled up in the hour and 45 minutes she observed. By Lovegren's tally, three provisional ballots were rejected because the registered voters' registration had been "cancelled." The rest, she said, were being discarded because of no date of birth. In 2000, an estimated 9% of Ohio's provisional ballots were rejected and not counted, according to Secretary of State Kenneth Blackwell. Many election observers are predicting the number will be much higher this year due to directives from Blackwell's office. An earlier analysis in the Free Press of the 155,428 unofficial provisional ballots recorded at the Secretary of State?s website found that a clear majority, 85,096, came from the 15 counties Kerry won. An additional 17,038 came from urban Hamilton County, home of Cincinnati, and Wood County, where Bush won with 53% and 53.5% respectively. Traditionally, Hamilton County's provisional ballots are disproportionately cast in the African American majority wards of the central city and not in the affluent Republican-dominated suburbs. Thus, nearly two-thirds (65.7%), or 102,134, provisional ballots come from areas where the provisional ballots are likely to be pro-Kerry. The official county-by-county board of elections' final tally will begin on Saturday, November 13, the 11th day after the election and be completed by the 15th day. Following this canvassing period, 11-15 days after the election, an automatic recount would ensue if the gap between Kerry and Bush narrowed to less than one quarter of one percent, an estimated 16-19,000 votes, depending on how many are actually counted. During the canvassing, Bush will no doubt lose 3,893 votes from the infamous ward 1B in Gahanna, Ohio where a "computer glitch" counted 4,258 votes for Bush from 638 voters. But it is unlikely that Kerry will draw within the needed automatic recount margin. At the end of the canvass, candidates including Kerry have five days to apply for a paid recount, according to election attorney Donald McTigue. McTigue served as U.S. representative Dennis Kucinich's campaign treasurer during the Democratic presidential primaries. The recount would be held within five days, and gives any candidate who applies, Kerry or others, the right to physically inspect the polling place materials including 92,672 ballots that failed to record a vote for President. Under Ohio law, like Florida law in 2000, the recount can include these ballots, many of them punch cards with the notorious "hanging chads" and optically scanned ballots where marks may have gone slightly astray but a vote for president is clearly evident. Overseas ballots postmarked by Election Day and late absentees just prior to the election also remain to be counted. During a recount, candidates may also inspect authorizations to vote, to make sure that the machine tallies are in line with the actual votes cast. They also may examine voter registration forms to argue for improperly rejected provisional ballots. Local boards of elections may amend election results if obvious mistakes are pointed out. It will cost $10 per precinct in Ohio, or an estimated $120,000, to recount the whole state. The official tallies are due at the Secretary of State's Office by December 1. The Secretary of State must certify the election under Ohio law by December 3. U.S. representative Dennis Kucinich complained in an article on CommonDreams.org that "Dirty tricks occurred across the state, including phony letters from Boards of Elections telling people that their registrations through some Democratic activist groups were invalid and that Kerry voters were to report on Wednesday because of massive voter turnout." The Free Press, in its November 7 article "None dare call it voter suppression or fraud," pointed to possible voting anomalies in Miami County, Ohio where nearly 19,000 new ballots appear to have been added after 100% of the precincts had reported. The additional votes were at virtually the exact same ratio as earlier Bush votes, 65.8% for earlier votes and 65.77% for the latter. Kerry's vote percentage was identical, despite the nearly 19,000 new votes at 33.92%. Roger Kearney of Rhombus Technologies, Ltd. told the Free Press, "The report you saw the following morning at 9 a.m. was probably either the 60 or 80 percent report." Kearney's company is the reporting company for vote results for Miami County; he claims that the problem was not with his reporting and that the additional 19,000 votes came before 100% of the precincts were in. As for the statistical anomaly that showed virtually identical ratios after the final 20-40% of the vote came in, Kearney offered no explanation and said he merely reports the results given to him. Miami County reports its votes in 20 percent blocks instead of a continuous running tally. "I watch as Steve Quillen, the Board Director, put floppy disks that he had taken from the tabulating computer and put them into the reporting computer. He did this at about 20%, 40%, 60%, 80% and 100% of the count ... I looked at each of these reports. When the final one came out about midnight, we copied the report file onto my floppy disk. I came home and immediately posted it to the website. The page is still on our website exactly as it was shortly after midnight ... No one had access to this computer but me." Kearney told the Free Press that the software used at the Miami County Board of Elections for counting the votes is from Elections Systems & Software (ES&S). The strong Republican ties of ES&S are well established in the public record. (See for example, "Diebold's political machine" at motherjones.com). Such statistical anomalies may be examined if Kerry has the courage to demand a recount, or if other candidates who have legal standing to request a recount are curious. McTigue told a gathering of suburban Democrats that Kerry may recount eight counties of interest, and other candidates may recount the rest of Ohio. Unless the opportunity is seized, more than 100,000 votes will likely go uncounted, and statistical anomalies and "computer glitches" will remain unexamined. |
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| The growing election irregularities suggest that John Kerry conceded too soon, and that spoiled ballots, provisional ballot, e-voting glitches and partisan manipulation by Republican election officials deprived the Senator of the victory projected in Zogby and CNN exit polls. The lesson voters in Ohio take away from this election is that every vote doesn’t count and computer glitches count more. |
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| At the end of the canvass, candidates including Kerry have five days to apply for a paid recount, according to election attorney Donald McTigue. McTigue served as U.S. representative Dennis Kucinich's campaign treasurer during the Democratic presidential primaries. The recount would be held within five days, and gives any candidate who applies, Kerry or others, the right to physically inspect the polling place materials including 92,672 ballots that failed to record a vote for President. Under Ohio law, like Florida law in 2000, the recount can include these ballots, many of them punch cards with the notorious "hanging chads" and optically scanned ballots where marks may have gone slightly astray but a vote for president is clearly evident. Overseas ballots postmarked by Election Day and late absentees just prior to the election also remain to be counted. During a recount, candidates may also inspect authorizations to vote, to make sure that the machine tallies are in line with the actual votes cast. They also may examine voter registration forms to argue for improperly rejected provisional ballots. Such statistical anomalies may be examined if Kerry has the courage to demand a recount, or if other candidates who have legal standing to request a recount are curious. McTigue told a gathering of suburban Democrats that Kerry may recount eight counties of interest, and other candidates may recount the rest of Ohio. Unless the opportunity is seized, more than 100,000 votes will likely go uncounted, and statistical anomalies and "computer glitches" will remain unexamined. |
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| This February, Ken Blackwell, Ohio's Secretary of State, told his State Senate President, "The possibility of a close election with punch cards as the state's primary voting device invites a Florida-like calamity." Blackwell, co-chair of Bush-Cheney reelection campaign, wasn't warning his fellow Republican of disaster, but boasting of an opportunity to bring in Ohio for Team Bush no matter what the voters wanted. And most voters in Ohio wanted JFK, not GWB. But their choice won't count because their votes won't be counted. The ballots that add up to a majority for John Kerry in Ohio--and in New Mexico--are locked up in two Republican hidey-holes: "spoiled" ballots and "provisional" ballots. OHIO SPOILED ROTTEN American democracy has a dark little secret. In a typical presidential election, two million ballots are simply chucked in the garbage, marked "spoiled" and not counted. A dive into the electoral dumpster reveals something special about these votes left to rot. In a careful county-by-county, precinct-by-precinct analysis of the Florida 2000 race, the US Civil Rights Commission discovered that 54% of the votes in the spoilage bin were cast by African-Americans. And Florida, Heaven help us, is typical. Nationwide, the number of Black votes "disappeared" into the spoiled pile is approximately one million. The other million in the no-count pit come mainly from Hispanic, Native-American and poor white precincts, a decidedly Democratic demographic. Ohio Republicans, simultaneously in charge of both the Bush-Cheney get-out-the-vote drive and the state's vote-counting rules, doggedly and systematically insured the spoilage pile would be as high as the White House. Vote spoilage comes in two flavors. There are "overvotes"--too many punches in the cards--and "undervotes." Here we find the hanging, dimpled and "pregnant" chads created by old, dysfunctional punch card machines, in which the bit of paper covering the hole doesn't fall out, but hangs on. Machines can't read these, but we humans, who know a hole when we see one, have no problem reading these cards ... if allowed to. This is how Katherine Harris defeated Al Gore, by halting the hand count of the spoiled punch cards not, as is generally believed, by halting a "recount." Whose chads are left hanging? In Florida in 2000 federal investigators determined that Black voters' ballots spoiled 900% more often than white voters, mainly due to punch card error. Ohio Republicans found those racial odds quite attractive. The state was the only one of fifty to refuse to eliminate or fix these vote-eating machines, even in the face of a lawsuit by the ACLU. Apparently, the Ohio Republicans like what the ACLU found. The civil rights group's expert testimony concluded that Ohio's cussed insistence on forcing 73% of its electorate to use punch card machines had an "overwhelming" racial bias, voiding votes mostly in Black precincts. Blackwell doesn't disagree; and he hopes to fix the machinery ... sometime after George Bush's next inauguration. In the meantime, the state's Attorney General Jim Petro, a Republican, strategically postponed the trial date of the ACLU case until after the election. Fixing a punch card machine is cheap and easy. If Ohio simply placed a card-reading machine in each polling station, as Michigan did this year, voters could have checked to ensure their vote would tally. If not, they would have gotten another card. Blackwell knows that. He also knows that if those reading machines had been installed, almost all the 93,000 spoiled votes, overwhelmingly Democratic, would have closed the gap on George Bush's lead of 136,000 votes. JIM CROW'S PROVISIONAL BALLOT Add to the spoiled ballots a second group of uncounted votes, the 'provisional' ballots, and--voila!--the White House would have turned Democrat blue. But that won't happen because of the peculiar way provisional ballots are counted or, more often, not counted. Introduced by federal law in 2002, the provisional ballot was designed especially for voters of color. Proposed by the Congressional Black Caucus to save the rights of those wrongly scrubbed from voter rolls, it was, in Republican-controlled swing states, twisted into a back-of-the-bus ballot unlikely to be tallied. Unlike the real thing, these ballots are counted only by the whimsy and rules of a state's top elections official; and in Ohio, that gives a virtually ballot veto to Secretary of State Blackwell. Mr. Blackwell has a few rules to make sure a large proportion of provisional ballots won't be counted. For the first time in memory, the Secretary of State has banned counting ballots cast in the "wrong" precinct, though all neighborhoods share the same President. Over 155,000 Ohio voters were shunted to these second-class ballots. The election-shifting bulge in provisional ballots (more than 3% of the electorate) was the direct result of the national Republican strategy that targeted African-American precincts for mass challenges on election day. This is the first time in four decades that a political party has systematically barred--in this case successfully--hundreds of thousands of Black voters from access to the voting booth. While investigating for BBC Television, we obtained three dozen of the Republican Party's confidential "caging" lists, their title for spreadsheets listing names and addresses of voters they intended to block on any pretext. We found that every single address of the thousands on these Republican hit lists was located in Black-majority precincts. You might find that nasty and racist. It may also be a crime. Before 1965, Jim Crow laws in the Deep South did not bar Blacks from voting. Rather, the segregationist game was played by applying minor technical voting requirements only to African-Americans. That year, Congress voted to make profiling and impeding minority voters, even with a legal pretext, a criminal offence under the Voting Rights Act. But that didn't stop the Republicans of '04. Their legally questionable mass challenge to Black voters is not some low-level dirty tricks operation of local party hacks. Emails we obtained show the lists were copied directly to the Republican National Committee's chief of research and to the director of a state campaign. Many challenges center on changes of address. On one Republican caging list, 50 addresses changed from Jacksonville to overseas, African-American soldiers shipped Over There. You don't have to guess the preferences registered on the provisional ballots. Republicans went on a challenging rampage, while Democrats pledged to hold to the tradition of letting voters vote. Blackwell has said he will count all the "valid" provisional ballots. However, his rigid regulations, like the new guess-your-precinct rule, are rigged to knock out enough voters to keep Bush's skinny lead alive. Other pre-election maneuvers by Republican officials -- late and improbably large purges of voter rolls, rejection of registrations--maximized the use of provisional ballots which will never be counted. For example, a voter wrongly tagged an ineligible "felon" voter (and there's plenty in that category, mostly African-Americans), will lose their ballot even though they are wrongly identified. KERRY BLACKS OUT It was heartening that, during his campaign, John Kerry broke the political omerta that seems to prohibit public mention of the color of votes not counted in America. "Don't tell us that in the strongest democracy on earth a million disenfranchised African Americans is the best we can do." The Senator promised the NAACP convention, "This November, we're going to make sure that every single vote is counted." :!: But this week, Kerry became the first presidential candidate in history to break a campaign promise after losing an election. The Senator waited less than 24 hours to abandon more than a quarter million Ohio voters still waiting for their provisional and chad-spoiled ballots to be counted. While disappointing, I can understand the cold calculus against taking the fight to the end. To count the ballots, Kerry's lawyers would, first, have to demand a hand reading of the punch cards. Blackwell, armed with the Supreme Court's Bush v. Gore diktat, would undoubtedly pull a "Kate Harris" by halting or restricting a hand count. Most daunting, Kerry's team would also, as one state attorney general pointed out to me, have to litigate each and every rejected provisional ballot in court. This would entail locating up to a hundred thousand voters to testify to their right to the vote, with Blackwell challenging each with a holster full of regulations from the old Jim Crow handbook. Given the odds and the cost to his political career, Kerry bent, not to the will of the people, but to the will to power of the Ohio Republican machine. We have yet to total here the votes lost in missing absentee ballots, in eyebrow-raising touch screen tallies, in purges of legal voters from registries and other games played in swing states. But why dwell on these things? Our betters in the political and media elite have told us to get over it, move on. To the victors go the spoils of electoral class war. As Ohio's politically ambitious Secretary of State brags on his own website, "Last time I checked," Blackwell said, "Katherine Harris wasn't in a soup line, she's in Congress." NEW MEXICO GOES KERRY--BUT WHO'S COUNTING? Why single out Ohio? So it also went in New Mexico where ballots of Hispanic voters (two-to-one Kerry supporters) spoil at a rate five times that of white voters. Add in the astounding 13,000 provisional ballots in the Enchanted State--handed out "like candy" to Hispanic, not white, voters according to a director of the Catholic Church's get-out-the-vote drive -- and Kerry wins New Mexico. Just count up the votes ... but that won't happen. |
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| counties that were confused about whether to validate provisional ballots that don't have voters' dates of birth on them were told Friday by the secretary of state's office in a conference call to allow those ballots. http://www.democrats.com/ |
| QUOTE (BinaBecker @ Sunday, 14 November 2004, 6:30 pm) |
| Well, it looks like they've backed down just a titch...but this ain't over yet by a LOOOONG shot. 'Bina. |
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| I just received a photo a Cincinnati poll manager took this evening, and it seems to be proof of some fishy actions with ballots in Ohio. Bottom line: Note the already-voted-with ballots in the back of the truck with the Bush-Cheney sticker in the back window. Does this prove fraud? Well, it certainly doesn't look good in a state that's already had lots of problems this election. In a nutshell, Stefan Skirtz is a poll manager for the Kerry campaign in Cincinnati. His precinct is heavily made up of minorities and students (i.e., leans Kerry). One of the duties of the poll managers, Stefan told me in a phone call minutes ago, is to follow the poll workers to election headquarters as they drop off the ballots and ballot boxes. Stefan followed the poll workers who didn't go directly to the election headquarters. Instead, they went to a local public school where workers put the ballot machines into a semi trailer, and then the poll workers handed off the sealed bags containing the ballots to someone Stefan assumed was with the county board of elections. The first problem he noticed was that there was no sign off of the transfer of the ballots. Nothing was written down and given to the poll worker as proof that the ballots were passed off to the county employee. What's worse, Stefan noticed the pick-up truck of the supposed county board of election - the truck the ballots for 40 precincts were loaded into - had a big Bush-Cheney 2004 sticker in the back window. Stefan did say that he followed the truck to the election headquarters, though he didn't see what transpired after the truck pulled into the election hq parking lot. As Stefan explains it, the poll managers had such an extensive list of voters rights and regulations that they had to follow, including it being illegal to have any partisan buttons etc. in the polling place, yet the ballots for voters in over 40 precincts were put in the hands of Bush-Cheney partisans. I don't know whether the Bush partisans did or didn't play any games with the ballots they received, but it sure doesn't look good, and I wonder whether it's even legal. And let's not forget, this is a state that was already well on its way to becoming the new Florida of GOP election fraud. Stefan says he has 6 or 7 witnesses who also saw the sticker on the truck. I have Stefan's contact info for members of the media. |
| QUOTE (FogerRox @ Thursday, 18 November 2004, 7:25 am) |
| That pic--- is well--- its great--its so--- like a 1000 words, LOL. |
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| From: Ray Beckerman Sent: Thursday, November 18, 2004 1:37 PM Subject: First hand reports by other Ohio volunteers First hand reports by other Ohio volunteers: ********************************************** RNC "workers" were in our hotel. They were not there to do literature drops, canvass, or to make sure that people knew where their polling places were, as we were. One of them tried to infiltrate one of our hotel rooms (I removed him) to gather information on our activities. He and another RNC lawyer followed some of the canvassers the next day to try to intimidate them, telling them that they were "putting them on notice, that what they were doing was breaking federal law" (among other more vile things). What the canvassers were doing was distributing ACT literature. These "people" were there to go inside the polls to challenge Democratic voters to intimidate them and suppress the Democratic vote. After the polls closed, I talked to an Election Protection project worker who told me of the polling place in Youngstown where he worked that day. It had only three electronic touch screen voting machines. The lines were extremely (at the very least 3 to 4 hours) long. People were leaving and coming back multiple times trying to vote. Some were complaining that they had to work and could not miss the time from work or they would lose money that they could not afford to lose, or worse, lose their jobs. Youngstown is a very depressed, high-unemployment city. He told me that the machines were flickering and bouncing around on the right hand side of the machine for at least half the day. He had multiple reports of people trying to vote for Kerry and it being recorded as Bush. The EP workers tried to get to everyone as they were going into the polling place to tell them that if they changed their vote three times, the ballot would be spoiled. They told them to get an election judge. Many did not get the message and/or they just could not wait around any longer. After all, there were only two other machines to go to if their machine would not record the vote properly. Finally, at around midday the voting machine company technicians came and "recalibrated" the machines. The flickering stopped. The vote changing did not. Below are the findings from another Election Protection project lawyer who came on our bus. We were in Mahoning and Trumbull counties. These are heavily Democratic counties, which we did win by large margins, but it looks like we should have won them by far more from all of these reports. 1. Too few polling machines, particularly for rush-hour voting, poorer areas/large numbers of people. (3 to 4 hours at the very least, some waited up to 8 and 9 hours) 2. Numerous calls reported, "There are not enough machines. We need more people." 3. Machines were breaking down. One polling location had only two machines for very large group. (9 calls) 4. There were many reports throughout the day of non-functioning machines. Many people were getting frantic. Others were leaving. Many were demanding that paper ballots be sent. This Election Protection project lawyer and the others at her calling center tried to call ES&S to tell them that machines were malfunctioning. The Board of Elections said the machines had calibration problems and someone would come out. The Board of Elections was inundated with calls about the machines malfunctioning. 5. There were numerous reports of voters trying to select Kerry and Bush was selected on the screen instead. The voters would try repeatedly to get Kerry to come up. Voters were only allowed three "pushes." They were told they could request a different machine, but of course by the time they were on the phone with the Election Protection project workers, it must have been too late. 6. There were also reports of voters getting to the review screen and seeing "No Selection." For president. This was often at the same polling places where machines were breaking down. Voters could not get their vote for Kerry for president to register. 7. Numerous reports of "Presidential choice not selected." Ballot would not register "Kerry". 8. There were also reports of many Republican challengers at polling locations and no Democratic challengers. This Election Protection project lawyer had at least one voter who was told by a Republican challenger that she was not on the list at her polling place. When she called the Board of Elections office they told her that she was indeed a registered voter in the proper precinct. An Election Protection project person had to make calls to ensure that the voter could vote. How many other voters allowed themselves to be turned away by the GOP challengers? 9. Another GOP challenger asked a voter for a Green Card in order to get a provisional ballot. The voter called in to find out what a Green Card is. Of course, this was a trick. Voters must be citizens. 10. Machines at some polls had to be re-set after every voter. This took so long that people started to leave. This Election Protection project lawyer and her colleagues sent food out to the voters. They sent food out to voters at different precincts at least three times during the day to encourage them to stay in line. 11. Issue 1 "Defense of Marriage" was holding up line. Voters did not understand what the issue, Defense of Marriage, meant. (LOL, you gotta laugh at this one) 12. One Election Protection project lawyer bought 6 lamps and extension cords after numerous reports came in of a polling place that was so dark both inside and out that voters could not see to vote. It was gray and dark and raining for much of the day in northern Ohio. People were waiting in line for multiple hours in the rain. 13. Many people in one poor, black, polling location had their water turned off, if their bill was un-paid, coincidentally, on the morning of the election. The Water Department/utility told voters to stay home to wait until the matter was resolved, because the voters needed to let someone into their unit. The Zell Milleresque Democratic mayor of Youngstown endorsed George W. Bush. The Water Department/utility company did not come. This Election Protection project worker and colleagues went to the peoples' homes so some of the voters could vote. 14. Voters cars were being ticketed. Voters felt their cars were properly parked. This was reported in both Mahoning County and Trumbull County. 15. No provisional ballot was offered to a man who filled in/requested an absentee ballot, but did not receive the absentee ballot. When he arrived, he could not get a provisional ballot. Note: Reports are now coming out that many people in Ohio who requested absentee ballots did not receive them. Some of these voters who did not receive their absentee ballot were given a provisional ballot when they went to the polling place, others were not, still others had to have Election Protection project people fight to get them their provisional ballots. How many walked away disenfranchised? Ray Beckerman Beldock Levine & Hoffman LLP 99 Park Ave (Ste 1600) New York, NY 10016 |