Was the 2004 Election Stolen?
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.
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. |
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