The Case for Fraud in Ohio Election 2004
I. Voter Suppression
A. Overly Restrictive Registration Requirements
B. Incompetence in Processing Registrations
C. Challenges to New Registrants on Insufficient Grounds
D. Misinformation About Voting Status/Location/Date
E. Voter Intimidation
F. Voting Machine Shortages/Malfunctions
G. Overly Restrictive Rules & Incorrect Procedure Regarding Provisional Ballots
H. Poorly Designed Absentee Ballots Caused Voters to Mark Incorrect Candidate
II. Access to Voting Systems Before Election Violates Protocol
III. A Third-Rate Burglary in Toledo
IV. Suspect Results
A. Registration Irregularities
B. Exceptionally High Voter Turnout
C. More Votes than Voters
D. Exceptionally High Rates of Undervotes
E. High Rate of Overvotes Due to Ballots Pre-Punched for Bush?
F. The Kerry/Connally Discrepancy
G. Discrepancy between Exit Polls & Tabulated Votes
V. Restricting Citizen Observation & Access to Public Documents
A. Warren County Lockdown
B. Restricting Citizen Access to Election Records
VI. What Went Wrong with the Recounts/Investigation of Vote Irregularities
A. Chain of Custody of Voting Machines & Materials Violated
B. Failure to Follow Established Procedures for Recounts
C. Failure to Allow Recount Observers to Fully Examine Materials
D. Secretary of State Blackwell has Failed to Answer Questions
VII. Recount Reveals Significant Problems
VIII. Methods of Election Fraud
A. Stuffing the Ballot Box
B. Touchscreen voting machines appear to have been set to “Bush” as Default
C. Computers pre-programmed to ‘adjust’ vote count in Bush’s favor?
D. Tampering with the Tabulators: Evidence of Hacking in Real-Time?
IX. Additional Observations
A. Irregular/Impossible Changes in Exit Polls over time on Election Night
I. Voter Suppression
A. Overly Restrictive Registration Requirements. According to Representative John Conyers’ letter to Kenneth Blackwell (1), Blackwell’s 9/7/04 directive to reject voter registration forms not printed on white, uncoated paper of not less than 80 lb text weight resulted in many valid voter registration forms being rejected. While Blackwell reversed this directive, he did not do so until 9/28/04. Not all counties were informed when the directive was reversed – some were advised of the change by the news media.
B. Incompetence in Processing Registrations. Moss v. Bush (2), the lawsuit filed in the Ohio Supreme Court to contest the results of the Presidential election, alleges that in the Cleveland Area (Cuyahoga County), the Board of Elections botched the registrations of more than 10,000 voters, preventing them from voting.
C. Challenges to New Registrants on Insufficient Grounds. Over 35,000 Ohio citizens were targets of a voter registration scam (3). In Summit County, four elderly residents were asked by a member of the local Republican Party to fill out and sign 976 registration challenges for people on a list (4). The names on the list were those of new registrants who had been sent registered mail by the Republican Party. Delivery was attempted only once, and if the person was not home, refused the mail or did not go to the post office the work day to receive the “campaign literature” they were placed on the list. This attempt at suppression impacted many long-time residents of Summit County including a veteran and an immigrant (“I came to this country because this is a great country…“). The Summit County Board of Elections dismissed all 976 challenges after hearing the testimony of just a few people so accused. The four people who signed the challenges may be prosecuted.
D. Misinformation About Voting Status/Location/Date. Civil rights violations in Ohio were egregious. According to Representative John Conyers’ letter to Kenneth Blackwell (1) in Lake County, voters received a memo on bogus Board of Elections letterhead informing voters who registered through Democratic and NAACP drives they could not vote. In the Cincinnati area, African American voters received letters on official-looking letterhead, phone calls, and ‘door-hangers’ that directed them to the wrong precinct on Election Day. African American voters received letters on stolen NAACP letterhead claiming that because of the expected high turnout, Republicans were asked to vote on Tuesday Nov. 2 and all other parties were being asked to vote on Thursday, November 4. In the Cleveland and Columbus areas, voters received calls incorrectly informing them their polling place had been changed.
E. Voter Intimidation. According to the Ohio Free Press (5), a team of 25 men calling themselves the "Texas Strike Force" positioned themselves at a hotel across the street from Republican Party headquarters in Franklin County, Ohio (Columbus), and proceeded to make intimidating phone calls to likely Democratic voters, "targeting people recently in the prison system." The Texans' rooms were reportedly paid for by the Ohio Republican Party. A "hotel worker heard one caller threaten a likely voter with being reported to the FBI and returning to jail if he voted" — a crime if committed by an individual, but a much more serious act if engaged in by the entire interstate flying squad and any Republican group that paid, accommodated or sent them on their felonious mission. Local law enforcement was called.
F. Voting Machine Shortages/Malfunctions
Columbus Area (Franklin County): According to Representative John Conyers’ letter to Kenneth Blackwell (1), throughout predominately Democratic areas in Ohio on election day, there were reports of long lines caused by inadequate numbers of voting machines. The Franklin County voting machine allocation report states that 2,741 voting machines were placed “By Close of Polls” on Election Day. The County’s records reveal that they had 2,866 “machines available” on Election Day. At least 125 machines remained unused, even though the Board of Election’s Director Matt Damschroder (former Executive Director of the Franklin County Republican Party) admitted on 11/19 that 77 machines malfunctioned during the day. In some precincts there were fewer voting machines on Election Day than there had been during the spring primary. Additionally, it appears that in a number of locations, polling places were moved from large locations, such as gyms, where voters could comfortably wait inside to vote to smaller locations where voters were required to wait in the rain.
An analysis by Tim Lohrentz (6) estimates that at least 22,000 Franklin County voters were disenfranchised due to the long lines and lack of voting machines, including over 15,000 voters from heavily Democratic (> 60%) precincts. Of the 217 precincts where there were fewer voting machines in 2004 than in 2000, 184 (85%) were Democratic.
The Free Press (7) has obtained a list of all voting machines assigned in Franklin County, including serial numbers. The list contains at least 42 machines originally assigned to predominantly African-American and inner city wards that voted 80% for Kerry, and where voters waited in line for three hours and more on Election Day. These 42 machines were blacked out on the list, raising the question of whether these were among the 68 machines the Franklin County Board of Elections has admitted holding back in the warehouse despite obvious shortages at certain polling places. Affidavits from poll workers confirm that numerous requests for more machines were made throughout election day, but that few if any were delivered.
Toledo Area: Moss v. Bush (2) reports that Lucas County Election Director Paula Hicks-Hudson said the Diebold optical scan machines jammed during testing in the weeks before the election. Jammed or inoperable machines were reported throughout the city. Moss v. Bush alleges that there was discriminatory assignment of more voting machines to precincts with a majority of white voters than to precincts that had a majority of African American voters.
Cincinnati and Mount Vernon Areas: Moss v. Bush (2) alleges that in Hamilton and Knox Counties there was a discriminatory assignment of more voting machines to precincts with a majority of white voters than to precincts that had a majority of African-American voters.
Youngstown Area: Moss v. Bush (2) indicates that there were voting machine errors in Mahoning County when 20 to 30 ES&S iVotronic machines need to be recalibrated throughout the voting process due, in part, to reports of votes for Kerry appearing as votes for Bush.
G. Overly Restrictive Rules & Incorrect Procedure Regarding Provisional Ballots
Cincinnati Area: Across the state of Ohio voters could cast a provisional ballot, which was counted only if they were in their home precinct. According to Representative John Conyers’ letter to Kenneth Blackwell (1), in Hamilton County, officials have carried this problematic and controversial directive to a ludicrous extreme: they are refusing to count provisional ballots cast at the correct polling place if they were cast at the wrong table in that polling place. A Green Party recount observer learned that approximately 400 of the Hamilton County provisional ballots were rejected because they were cast at the wrong table (precinct) in the right polling place.
Cleveland Area: Moss v. Bush (2) alleges that in Cuyahoga County there was an effective denial of the right to cast a provisional ballot and have that ballot counted. About 1/3 of the provisional ballots cast (8,099 ballots) have been incorrectly ruled invalid because they voter allegedly wasn’t registered or voted in the wrong precinct. In 2000, about 17% were ruled invalid.
Stark County: Moss v. Bush (2) alleges that in Stark County there was an effective denial of the right to cast a provisional ballot and have that ballot counted. The Election Board rejected provisional ballots cast at the wrong precinct in the right polling place. In earlier elections, a vote cast in Stark County in the wrong precinct at the right polling location would be counted.
H. Poorly Designed Absentee Ballots Led Voters to Mark Incorrect Candidate. Moss v. Bush (2) alleges that in the Cleveland (Cuyahoga County) and Columbus (Franklin County) areas there were voting machine errors with respect to absentee ballots. Like the infamous “butterfly ballots” in the 2000 Presidential Election, arrows on the absentee ballots did not align with the correct punch hole. On information and belief, this led to voters casting a vote for a candidate other than the candidate they intended to support.
II. Access to Voting Systems Before Election Violates Protocol
Auglaize County. Moss v. Bush (2) indicates that in a letter dated Oct. 21, 2004, Ken Nuss, former deputy director of the County Board of Elections, claimed that Joe McGinnis, a former employee of ES&S, the company that provides voting systems in Auglaize County, had access to and used the main computer that is used to create the ballot and compile election results. Mr. McGinnis’ access to and use of the main computer was a violation of county board of elections protocol. After calling attention to this irregularity in the voting system, Mr. Nuss was suspended and then resigned.
III. A Third-Rate Burglary in Toledo (8)
An article appeared in the Toledo Blade on October 13, 2004. Written by Robin Erb, it included the following: “Thieves shattered a side window overnight at Lucas County Democratic headquarters in Toledo, stealing computers with sensitive campaign information and jeopardizing the party's ability to deliver crucial votes on Election Day.
Among the data on the stolen computer of the party's office manager were: e-mails discussing campaign strategy, candidates' schedules, financial information, and phone numbers of party members, candidates, donors, and volunteers. Also taken were computers belonging to a Lucas County Commissioner and to a Texas attorney working with the Kerry campaign to ensure election security.
At Democratic headquarters, officials stopped short of publicly blaming partisan politics, but at the same time, they all but ruled out run-of-the-mill criminals. Two other computers, holding less sensitive information, were untouched, as were a petty cash box that usually holds $80 to $100, televisions, portable radios, and other electronics. Moreover, other offices inside the building, 1817 Madison Avenue, were not entered. Files, papers, and pamphlets remained in neat piles, and campaign signs leaned, apparently undisturbed, against a wall.”
Thus, the burglary gave the thieves exclusive possession of two months’ worth of Democratic voter canvass records. It may have allowed them to target specific wards and precincts for voter suppression operations, and left the Democrats unable to prevent it.
IV. Suspect Results
A. Registration Irregularities According to Representative John Conyers’ letter to J. Kenneth Blackwell (1), there appears to be an extraordinarily high level of voter registration in Perry County: 91%. A substantial number of these voters have never voted and have no signature on file. An extraordinarily large number of these voters are listed as having registered in 1977. In fact, 3,100 voters apparently registered in Perry County on November 8, 1977.
B. Exceptionally High Voter Turnout. According to Representative John Conyers’ letter to J. Kenneth Blackwell (1), in Miami County (Concord Southwest precinct) voter turnout was a highly suspect and improbable 98.55%. The certified result showed 520 votes for Bush and 157 for Kerry. This statistically improbable turnout has all but 10 of the 689 registered voters casting their ballots on Election Day. A preliminary canvas by The Free Press of less than half the precinct found 25 registered voters admitting they had not voted. In nearby Concord South precinct, there was a highly improbable 94.27% voter turnout. Miami County election results indicated that 18,615 votes came in after 100% of the precincts had reported. It is statistically suspicious that the extra votes came in at essentially the same percentage for candidates Bush and Kerry both before and after the 18,615 votes were counted Senator Kerry had received 10,724 votes (33.92%) of the vote after 100% of the precincts had reported. After the additional 18,615 votes were added, his percentage remained 33.92%.
C. More Votes than Voters
(1) Discrepancies Between Number of Registered Voters & Number of Votes in Franklin County: According to Representative John Conyers’ letter to Kenneth Blackwell (1), a computerized voting machine in Ward 1B in the Gahanna precinct of Franklin County recorded a total of 4,258 votes for President Bush and 260 votes for John Kerry. However, there are only 800 registered voters in the Gahanna precinct. A computer glitch results in recording 3,893 extra votes for Bush. Fortunately, this glitch was caught and the numbers were adjusted to show President Bush’s true vote count at 365 votes to Senator Kerry’s 260 votes.
(2) Discrepancies Between Number of Pollbook Signatures & Number of Votes
Perry County: According to Representative John Conyers’ letter to Kenneth Blackwell (1), the sign-in books in Reading S precinct show that fewer than 400 total votes were cast in that precinct. Yet, the precinct’s official tallies indicate that 489 votes were cast. Monroe Township, Precinct AAV has 226 voter signatures in the poll books and reports 393 votes were cast. In W Lexington G AB, 350 voters are registered. Yet, 343 votes have been reported. Perry County BOE has since issued a correction: Only 217 votes were cast for either Kerry or Bush. The BOE explanation is that some votes were initially counted twice. Representative Conyers’ letter notes that it is highly improbable that every ballot was counted twice.