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2004 Elections

Election Fraud Allegations and Media Malfeasance

Project: US Electoral Politics
Open-Content project managed by Derek, mtuck

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Walter O’Dell, CEO of Diebold Systems, says in a fundraising letter, “I am fully committed to helping Ohio deliver its electoral votes to the president next year.” O’Dell’s firm manufactures the electronic voting machines widely used in Ohio elections. Ohio’s Secretary of State Kenneth Blackwell (R-OH), the state official in charge of voting in that state, is also co-chair of the Ohio Bush-Cheney re-election campaign; by the November 2004 vote, Blackwell will successfully place Diebold voting machines in some 40 percent of Ohio polling places. [Hunt, 9/1/2009, pp. 13]

Entity Tags: Walter O’Dell, George W. Bush, J. Kenneth Blackwell, Diebold Systems

Category Tags: Election Fraud / Media Malfeasance

According to OpenSecrets.org, Sproul & Associates—a political consulting firm run by 32-year-old Nathan Sproul, a former Christian Coalition activist and one-time director of the Arizona Republican Party—receives $812,864 from the Republican National Committee to do voter outreach and $736,665 for political consulting. [San Francisco Chronicle, 10/28/2004; Center for Responsive Politics, 1/19/2006] During the months preceding the election, the firm is accused of instructing its workers to register only Republican voters, and in one case actually destroying registrations forms filled out by Democrats. The alleged activities reportedly occur in Nevada (See October 12, 2004), Oregon (See Early September 2004, October 2004, and (October 12, 2004)), Pennsylvania (See Before September 6, 2004, October 19, 2004 and October 19, 2004) and West Virginia (See Before August 20, 2004). The company—which operates under several names, including Voters Outreach of America, America Votes and Project America Votes—denies these charges. [Mercury News (San Jose ), 10/14/2004]

Entity Tags: Republican National Committee, America Votes, Sproul & Associates, Nathan Sproul

Timeline Tags: Domestic Propaganda

Category Tags: Election Fraud / Media Malfeasance, Voter ID/Outreach

Conservative radio host Michael Savage unleashes a barrage of accusations against Democrats, while commenting on the ongoing Democratic National Convention. One topic of attention is voting. Savage lists the kinds of people he believes should be denied the vote: “people on welfare,” “people with less than 100 IQ,” and “illegal aliens.” He accuses Democrats of trying to influence the election by recruiting illegal aliens to vote, saying: “I’ll go down the list of people who should not have the right to vote. Let’s start with illegal aliens. Should they have the right to vote? Course they shouldn’t, but they do. They’re being courted by the Democrats as we speak.” There have been isolated instances of undocumented immigrants and non-citizens casting votes, but no state allows non-citizens of any stripe to vote in federal elections. A very small number of municipalities in Maryland and Massachusetts allow non-citizens to vote in local elections. Savage provides no evidence of the widespread voter fraud of which he accuses Democrats of enacting. [Media Matters, 7/28/2004]

Entity Tags: Michael Savage

Timeline Tags: Civil Liberties, Domestic Propaganda

Category Tags: Election Fraud / Media Malfeasance

Sproul & Associates, a Republican-financed consulting firm, contracts a temporary employment agency in West Virginia to hire people to register only Republicans. The hirees are provided with scripts that encourage deceptive practices and are told little about the consulting firm for whom they will be working. One of those initially hired for the job is Lisa Bragg, a 37-year-old resident of St. Albans. Responding to an ad for a “customer service” position, she visits Kelly Services, a national temp agency, in August 2004 and is offered a job. At first, the company doesn’t provided any details about the job. But the next day, when she attends an orientation, she learns that she will be registering Republican voters. Though another voter registration group in the same community which registers people of all political persuasions pays canvassers only $5.50 an hour, this job is paying $9 an hour. She and the other applicants will be canvassing at One Stop convenience stores throughout the Charleston region. According to a script provided by Kelly Services, the canvassers will approach One Stop customers and ask whether they support George Bush or John Kerry. If they indicate that they plan to vote for Bush, the canvassers should ask if the person is registered to vote and then offer a voter registration card if the person answers no. However, if the person is a Kerry supporter, they should only say thank you and provide the person with a registration card if asked. If anyone asks questions, the firm advises, “Only state you are there to conduct a simple field poll to see what neighborhood support is… a nonpartisan registration drive” If the person becomes angry, they should quietly listen and remember, “The goal is to register Republicans and to remain positive.” The canvassers are also told that people will be checking up on them in the field. Bragg later says in interviews with the press that she thinks the purpose of the monitoring was to make sure the canvassers keep to their script and avoid registering Democrats. The script is printed on Sproul & Associates and America Votes letterhead. But Sproul & Associates is not affiliated with America Votes. Kelly Services does not divulge information about Sproul to the canvassers. According to Bragg, instead the temp agency advises,“[T]he less you know about the company, the better off you are, especially if the media would come asking questions.” Bragg, a Democrat, declines the job and instead tells her story to the Charleston Gazette and Salon. [Charleston Gazette, 8/20/2004; Salon, 10/21/2004]

Entity Tags: Sproul & Associates, Lisa Bragg, George W. Bush, John Kerry, America Votes, Kelly Services

Timeline Tags: Civil Liberties

Category Tags: Election Fraud / Media Malfeasance, Voter ID/Outreach

The Ohio Republican Party, headed by Robert T. Bennett, sends 232,000 letters to all of Ohio’s voters who registered between January 1 and August 31. The letter reportedly welcomes the newly registered voters and encourages them to vote Republican. Roughly 30,000 of the letters are returned as undeliverable either because the intended recipients do not exist, have moved or died, or because the letters went to vacant houses or bogus addresses. Commenting on the large number of returned ballots, Bennett later tells the Columbus Dispatch, “It was an astounding number. The potential for these fraudulent registrations to produce fraudulent votes at the ballot box is very real.” David Sullivan, Ohio coordinator for the Democrats’ voter-protection project, disagrees, claiming that the Republicans’ mass mailing was “an unprecedented effort to throw tens of thousands of voters off of Ohio’s voting rolls.” [Columbus Dispatch, 10/23/2004]

Category Tags: Election Fraud / Media Malfeasance, Voter ID/Outreach

In Medford, Oregon, Meghan O’Flaherty, the county librarian, receives a one-page fax from the Republican-financed political consulting firm, Sproul & Associates. The fax says it wants to hold a voter registration drive at the local library and claims to be acting on behalf of a nonpartisan group called America Votes. The fax reads: “Our firm has been contracted to help coordinate a national nonpartisan voter registration drive, America Votes!, in several states across the nation.” The fax also says it intends to “equally register all those who wish to register to vote.” The fax is sent to three other Oregon libraries as well. [Mail Tribune (Medford), 9/21/2004; CBS News, 10/14/2004] When Flaherty calls Kevin Looper of American Votes, she learns that the organization did not hire Sproul & Associates and that they had nothing to do with America Votes. [KGW 8 (Portland, OR), 10/13/2004] Nathan Sproul, owner of the consulting company, claims that it was an innocent mistake. “We were not trying to copy their name,” he says. Sproul also tells a Mail Tribune reporter, “You telling me that they even exist was really the first time I’d heard it.” He said his company, hired by a number of clients to register voters, came up with what he believed was a generic name. Yet Sue Noel, a temporary employee at Sproul & Associates, says the voter drive is called Project America Votes and she knew about the redundant name. “What we try to do is tell people we are not affiliated with America Votes,” she says. Looper expresses doubt about the company’s claim. You’ll have to forgive me for not finding it credible that they would not have heard of a group that is one of the largest in the country and is in every one of the 17 swing states and that could hardly be missed in any political circle.” [Mail Tribune (Medford), 9/21/2004]

Entity Tags: Nathan Sproul, Kevin Looper, Sproul & Associates, America Votes, Meghan O’Flaherty, Sue Noel

Category Tags: Election Fraud / Media Malfeasance, Voter ID/Outreach

A person calling himself Harry Miller and claiming to represent “American Votes” contacts the director of the Jackson County Library in Oregon and asks him to call an 800 number to give permission for the organization to conduct a non-partisan voter registration project at the libraries. [O'Flaherty, 9/16/2004] When librarian Meghan O’Flaherty attempts to verify the person’s identity with America Votes, its Oregon State Coordinator says that no Harry Miller works for the organization (see September 16, 2004 or before).

Category Tags: Election Fraud / Media Malfeasance, Voter ID/Outreach

Employees of the Republican-financed political consulting firm, Sproul & Associates, contact the Carnegie Library in Pittsburgh, Pennsylvania to request space outside its buildings to register voters. According to Holly McCullough, special assistant to the library director, a woman from the firm claims that she represents America Votes, a nonpartisan but liberal-leaning organization. McCullough agrees to provide the space on the condition that their activities are non-partisan and that there is “no issue advocacy.” But several days later, McCullough will receive a call from Ryan Hughes, director of the Woods Run library branch, saying that patrons have complained about the behavior of the canvassers (see September 7, 2004). [Philadelphia Daily News, 10/19/2004; Pittsburgh Post-Gazette, 10/20/2004]

Entity Tags: America Votes, Ryan Hughes, Sproul & Associates, Holly McCullough

Category Tags: Election Fraud / Media Malfeasance, Voter ID/Outreach

At the Carnegie Library in Pittsburgh, Pennsylvania, a library patron complains that canvassers registering voters in front of the library are asking people for whom they intend to vote. “There’s this person out there asking me who I was voting for,” the person says. [Pittsburgh Post-Gazette, 10/20/2004] The canvassers are working for Sproul & Associates, a firm that claims to be non-partisan (See Before September 6, 2004). When librarian Holly McCullough calls the company to complain, she’s told that the workers are asking people about their political affiliations “because they were doing some market analysis in the area.” In response, McCullough counters they were only supposed to be doing registrations, not market analysis. Then Sproul claims that the temp agency is at fault because it is not following the rules. When asked if the firm is really with America Votes, they claim, “We’ve always represented that we were Sproul, and America Votes is a non-partisan group we’re working with,” adding that there “is another, partisan America Votes, and we’re not affiliated with them.” McCullough then tells them that they are no longer welcome at her library. [Salon, 10/21/2004]

Entity Tags: Sproul & Associates, Holly McCullough, America Votes

Category Tags: Election Fraud / Media Malfeasance, Voter ID/Outreach

Kevin Looper, the Oregon State Coordinator for “America Votes,” informs Oregon Jackson County librarian Meghan O’Flaherty that a person who had contacted her purporting to be from American Votes (See September 16, 2004 or before) does not work for his organization. He says in an email to her: “Here is what I know: We do not have a Harry Miller in our employ. This organization is absolutely not representing America Votes, and my National leadership is initiating action to get them to cease and desist representations that infringe upon our rights and mislead voters.” [O'Flaherty, 9/16/2004]

Entity Tags: Kevin Looper, America Votes

Category Tags: Election Fraud / Media Malfeasance, Voter ID/Outreach

In Franklin County, there are reports that people have received prank phone calls providing false information about the upcoming elections. For example, in one case, a man claiming to be from the Board of Elections called a elderly couple in the North Side precinct and said that their voting site had been changed and that they would need to go to a South Side precinct to vote. In other cases, the caller has offered to pick up an absentee-ballot application for the voter, deliver the ballot to the voter and then submit the completed ballot to the elections office. [Columbus Dispatch, 10/22/2004]

Category Tags: Election Fraud / Media Malfeasance, Voter ID/Outreach

In Franklin County, Ohio, a Holiday Inn employee reportedly observes 25 people from the “Texas Strike Force” using payphones to call likely voters, targeting people recently in the prison system. According to the hotel worker’s account, one of the callers threatens someone with being reported to the FBI and returning to jail if he shows up at the polls to vote. When another hotel worker calls the police to report the crime, the police come to the hotel, but do nothing. [Free Press, 12/13/2004] Though the members of the “Texas Strike Force” paid their way to Ohio, their hotel bill is reportedly paid by the Ohio Republican Party, whose headquarters is located across the street. [Human Events, 12/1/2004; Free Press, 12/13/2004]

Category Tags: Election Fraud / Media Malfeasance, Voter ID/Outreach

In Oregon, Douglas County Clerk Barbara Nielsen receives complaints from voters who claim that canvassers working for the political consulting firm, Sproul & Associates, tried to push them into registering as Republicans, saying that if they registered as Democrats the canvassers would not get paid and that the forms might not make it to the clerk’s office. In the state of Oregon, it is a class-C felony, punishable by five years in jail or a $100,000 fine, to destroy registration forms. [KGW 8 (Portland, OR), 10/13/2004]

Entity Tags: Barbara Nielsen, Sproul & Associates

Category Tags: Election Fraud / Media Malfeasance, Voter ID/Outreach

According to Ohio’s voter registration database, the level of registered voters in Perry County is a remarkably high 91 percent. A substantial number of these voters, however, appear never to have voted and “have no signatures on file.” The database also indicates that 3,100 voters registered on the exact same day, November 8, 1977—despite there being no federal elections during that year. [Conyers et al., 12/2/2004 pdf file]

Category Tags: Election Fraud / Media Malfeasance, Voter ID/Outreach

In Nevada, Eric Russell, a former employee of the Republican-funded political consulting firm, Sproul & Associates, claims in a signed affidavit that the company’s employees were paid to register only Republicans. His former employer told him to ask prospective voters, “Who would you vote for in the next election?” Only people who indicated they would vote for President Bush were to be registered, he says. When Russell refused to follow instructions and registered both Democrats and Republicans, his employer docked his pay. Russell also says that he witnessed his supervisor take out eight to ten Democratic registration forms from a pile and destroy them—a felony in some states. He added that hundreds, if not thousands, of forms were destroyed. “I personally witnessed my supervisor at VOA, together with her personal assistant, destroy completed registration forms that VOA employees had collected” he explains. [KGW 8 (Portland, OR), 10/13/2004; CBS News, 10/14/2004; Las Vegas Review-Journal, 10/14/2004; Mercury News (San Jose ), 10/14/2004] “We caught her taking Democrats out of my pile, handed them to her assistant, and he ripped them up right in front of us.” [CNN, 10/14/2004] “All of the destroyed registration forms were for registrants who indicated their party preference as ‘Democrat.’” [Mercury News (San Jose ), 10/14/2004] Russell’s account is supported by another of the firm’s former employees, Tyrone Mrasak, who tells the Las Vegas Review-Journal that workers were encouraged to register 18 Republican voters per day. He says that they were permitted to finish the day at anytime after meeting this quota and would still be paid for eight hours of work. “We didn’t get credit for forms we brought back marked Democrat,” he explains. He also recounts how he would often loiter in front of homeless shelters and give homeless people cigarettes in exchange for registering as Republicans. “As long as they have an address, they can register,” Mrasak says. “If they were looking to bum a cigarette I’d say, ‘I’ll trade you a cigarette if you sign this.’” [Las Vegas Review-Journal, 10/14/2004] These charges are adamantly denied by the Republican National Committee, which provides the San Jose Mercury News with affidavits from two other employees of the firm claiming that no voter-registration forms had been destroyed. [Mercury News (San Jose ), 10/14/2004] The firm also denies that its employees were instructed to destroy forms, but does not dispute that they were encouraged to register more Republicans than Democrats. [San Francisco Chronicle, 10/28/2004] Republican consultant Paul Senseman says that Sproul is “very professional, very mission-oriented,” adding, “He’s somebody that gets things done.” [San Francisco Chronicle, 10/28/2004]

Entity Tags: Sproul & Associates, Republican National Committee, Paul Senseman, Tyrone Mrasak, Eric Russell

Timeline Tags: Civil Liberties

Category Tags: Election Fraud / Media Malfeasance, Voter ID/Outreach

In Eugene, Oregon, several students from the University of Oregon say they were told by canvassers circulating a petition to crack down on child molesters that they must register as Republicans in order for their signatures to “count.” Elizabeth Thygeson, age 19, a registered Democrat, explains to KGW News, “They told me that by registering as a Republican, I would be helping people fight child molesters.” [KGW 8 (Portland, OR), 10/13/2004]

Entity Tags: Elizabeth Thygeson

Category Tags: Election Fraud / Media Malfeasance, Voter ID/Outreach

Thieves break into Lucas County Democratic headquarters in Toledo, Ohio, and remove computers that contain sensitive campaign information like candidates’ schedules; financial information; phone numbers of party members, candidates, donors, and volunteers; and emails from the party’s office manager discussing campaign strategy. Computers belonging to Lucas County Commissioner Tina Skeldon Wozniak and to a Texas attorney—who has been working with the Kerry/Edwards presidential campaign to ensure election security—are also stolen. Commenting on the impact of the break-in, party spokesman Jerry Chabler tells the Toledo Blade: “This puts us behind the eight ball. This can affect our entire get-out-the-vote operation.” Chabler also tells the newspaper that it was apparent the burglars “knew what they wanted.” The burglars left two other computers containing less sensitive information and ignored other items that would have likely been taken if the burglary had been driven my monetary interest. Ohio Democratic spokesperson Dan Trevas says that the political importance of Lucas County cannot be overstated. “It’s a major Democratic county in a swing area, surrounded by Republican and moderates,” he explains. “A lot of votes come out of northwest Ohio.” For some reason the building’s alarm system did not detect the break-in. [Toledo Blade, 10/13/2004]

Category Tags: Election Fraud / Media Malfeasance

In Portland, Oregon, Mike Johnson, age 20, tells KGW News that he formerly worked for Voter Outreach of America—a name used by the Republican-financed political consulting firm, Sproul & Associates—as a canvasser registering people to vote. He says that his former employer instructed him to only accept Republican registration forms. His boss also told him that forms turned in by Democrats might be “destroy[ed]” since he was being paid by the Republican party. [KGW 8 (Portland, OR), 10/13/2004]

Entity Tags: Mike Johnson, Sproul & Associates

Timeline Tags: Civil Liberties

Category Tags: Election Fraud / Media Malfeasance, Voter ID/Outreach

Chad Staton of Defiance County, Ohio, is charged with filling out 124 fictitious voter registration forms, some using the names of celebrities and fictitious characters, including Michael Jackson (the pop singer), Jeffrey Dahmer (the famous serial killer), and Disney character Mary Poppins. Staton was hired by Toledo resident Georgianne Pitts to collect legitimate voter registration forms from unregistered voters. Instead, he filled the forms out himself, according to Sheriff David Westrick. Deputies also allege that Staton was paid in crack cocaine instead of in cash, after a search of his house turned up drug paraphernalia and blank voter registration forms; Westrick says Pitts admitted paying Staton in crack cocaine. Staton is charged with a felony, false registration. Pitts says she was recruited by Thaddeus Jackson, the assistant Ohio director of the NAACP National Voter Fund (NVF). Greg Moore, the executive director of the NVF, says the organization is “shocked” by the allegations and welcomes the investigation. “We believe anyone violating the law hurts the credibility of NVF and more importantly the thousands of hard-working men and women who are legally registering people to vote,” he says, adding that he hopes the allegations do not damage the reputation of other “volunteers and canvassers who have worked tirelessly to enfranchise the disenfranchised throughout the year.” Jackson says Pitts is a volunteer for the NVF, and that he knew nothing of the allegations until he was told of them by a reporter from the Toledo Blade. Westrick says his office was alerted to the problematic forms after a complaint was filed by the Defiance County Board of Elections. The handwriting on the forms was too similar, officials thought, and some of the addresses did not seem legitimate. The names were the giveaway, Westrick says. “Mary Poppins hasn’t voted here in a long time. Michael Jackson hasn’t. Those were some of the fictitious names,” he says. Within hours of Staton’s arrest, the Ohio Republican Party issues a statement claiming “the effort to steal Ohio’s election is under way, and it’s being driven exclusively by interest groups working to register Democrat voters.” The NVF has submitted over 80,000 legitimate voter registration forms. Staton’s fraudulent forms are around 0.15 percent of the total number of NVF forms submitted. The Ohio Democratic Party states that it does not condone registration fraud; a spokesperson says that of the 500,000 forms submitted for newly registered voters, “the vast, vast majority are clearly eligible voters who did the right thing.” The NVF has been accused of submitting fraudulent registration forms in the past. The Blade notes that a Republican organization, Voters Outreach of America, destroyed voter registration forms its volunteers collected from Democratic voters in Nevada and Oregon. [CNN, 10/19/2004; Toledo Blade, 10/19/2004]

Entity Tags: Ohio Republican Party, Defiance County Board of Elections, David Westrick, Chad Staton, Georgianne Pitts, Ohio Democratic Party, Greg Moore, NAACP National Voter Fund, Thaddeus Jackson, Toledo Blade, Voters Outreach of America

Timeline Tags: Civil Liberties

Category Tags: Election Fraud / Media Malfeasance

Michael Twilla, of Meadville, Pennsylvania, tells the Pittsburgh Post-Gazette that as an employee of Sproul & Associates, a Republican-financed political consulting firm, he was instructed not to register Democrats. “If they were a Kerry voter, we were just supposed to walk away.” A copy of the script that he and other canvassers are given tells them to offer unregistered Bush supporters a registration form and to tell them that the form would be personally delivered to the local courthouse. However, in order to avoid registering Democrats, the script also recommends asking registrants two questions: “Do you consider yourself pro-choice or pro life?” and “Are you worried about the Democrats raising taxes?” If voters say they are pro-life, the form says, “Ask if they are registered to vote. If they are pro-choice, say thank you and walk away.” If anyone asks who the canvassers are working for they are to respond, “Project America Vote,” a name that is nearly identical to the liberal-leaning national non-partisan group, America Votes. Other workers were reportedly also advised to say they were working for Career Concepts, a local employment agency. But a spokeswomen for Career Concepts told the Post-Gazette that the company did not employ the canvassers. Twilla also complained that he was paid for only eight of 72 hours he worked. [Pittsburgh Post-Gazette, 10/20/2004]

Entity Tags: Sproul & Associates, Michael Twilla

Timeline Tags: Civil Liberties

Category Tags: Election Fraud / Media Malfeasance, Voter ID/Outreach

Michele Tharp, of Meadville, Pennsylvania, says that as a volunteer canvasser for Sproul & Associates, a Republican-financed political consulting firm, she was instructed not to register Democrats. “We were told that if they wanted to register Democrat, there was no way we were to register them to vote,” she tells the Pittsburgh Post-Gazette. “We were only to register Republicans.” Tharp further explains that volunteers were sent door-to-door to seek registrants but were told to first ask which candidate they planned to support. “If they said Kerry, we were just supposed to say thank you and walk away.” She also complains that she was paid only $14 for 15 hours of work after being hired at a rate of $11 per hour. But Brenda Snyder, a volunteer with the Republican Victory Center in Erie, who disputes claims that workers were told not to register Democrats, denies that workers were docked for registering Democrats, saying instead that the problems were due to “discrepancies in their paychecks.” [Pittsburgh Post-Gazette, 10/20/2004]

Entity Tags: Michele Tharp, Brenda Snyder, Sproul & Associates

Timeline Tags: Civil Liberties

Category Tags: Election Fraud / Media Malfeasance, Voter ID/Outreach

In Ohio, Republican Party officials submit a list of 35,427 registered voters in 65 different counties whose mailing addresses, they say, are questionable to county election boards. 17,717 names on the list are of newly registered voters from Cuyahoga County, which includes Cleveland, a Democratic stronghold. [Columbus Dispatch, 10/23/2004; New York Times, 10/23/2004]

Timeline Tags: Civil Liberties

Category Tags: Election Fraud / Media Malfeasance, Voter ID/Outreach

The Republican Party provides Ohio election officials with lists of the people they have recruited to work as “challengers” on election day. According to a 1953 Ohio state law—which critics says is rooted in a blatantly racist 1886 statute that emerged after the Civil War—“challengers” are permitted to challenge the qualifications of voters who they suspect are not eligible to vote. [New York Times, 10/23/2004; Cincinnati Enquirer, 11/1/2004] Before a challenger can ask a poll worker to question a voter, it must first be shown that there is “reasonable” justification for doubting a voter’s qualifications. All eligible voters must be citizens, at least 18, a resident of the county and must have lived in Ohio for the previous 30 days. The Republicans’ list includes 3,600 challengers, many of whom will be working in the heavily Democratic urban neighborhoods of Cleveland, Dayton and other cities. For example 1,436 of the Republican challengers will be stationed in Cuyahoga County, which includes Cleveland, a Democratic stronghold. The Republicans claim that using challengers is necessary because the Democrats may have fraudulently registered thousands of ineligible voters. The Democrats enlist more than 2,000 recruits as challengers who they hope will protect legitimate voters from being denied their rights by their Republican counterparts. But in some of the most critical counties the Democrats will be grossly outnumbered. For Cuyahoga County, the Democrats will only have 300 challengers. [New York Times, 10/23/2004] Election officials are concerned about the huge number of challenges that are expected at the polls. “I’m not sure how we’re going to accomplish this,” says John Williams, deputy elections director in Hamilton County. “We’ve never had anything like this before.” Some fear that the challengers intend to reduce voter turnout. “Some observers worry the parties will indiscriminately challenge voters in heavily Democratic or Republican precincts as a strategy to discourage people from voting,” The Columbus Dispatch reports. [Columbus Dispatch, 10/23/2004]

Timeline Tags: Civil Liberties

Category Tags: Election Fraud / Media Malfeasance, Voter ID/Outreach

The GOP withdraws about 5,000 challenges (See October 22, 2004) in Hamilton County after discovering errors. [Plain Dealer (Cleveland), 10/31/2004]

Timeline Tags: Civil Liberties

Category Tags: Election Fraud / Media Malfeasance, Voter ID/Outreach

County election boards in Ohio hold hearings to verify the voting addresses of roughly 30,000 recently registered voters whose eligibility to vote has been challenged by the Republican Party (see October 22, 2004). [WTOV 9 (Steubenville, OH), 10/27/2004; New York Times, 10/29/2004] According to Democratic officials, Republicans challenging voters at the hearings have little or no evidence to support their claims, other than that the voter’s registration card was returned “undeliverable” (see Between September 2004 and Mid-October 2004). In Summit County, elections officials reject all 976 challenges after the challengers fail to provide evidence. Similarly, in Warren County, officials throw out every one of the county’s 23 challenges. [Plain Dealer (Cleveland), 10/31/2004]

Timeline Tags: Civil Liberties

Category Tags: Election Fraud / Media Malfeasance, Voter ID/Outreach

In Lebanon, Ohio, Warren County officials decide behind closed doors that they will close the county administration building to the public on election night (see After 7:30pm, November 2, 2004). [Cincinnati Enquirer, 11/5/2004] Email memos dated October 25 and October 26 indicate that detailed discussion about the proposed measure began earlier. [Cincinnati Enquirer, 11/16/2004] The decision follows a recommendation by Warren County Emergency Services Director Frank Young based on information allegedly received from the US Department of Homeland Security and the Federal Bureau of Investigation during recent weeks. However officials from both those agencies later say they are unaware of any specific information relating to Warren County that would have caused the lockdown (see November 9, 2004). The public will not be informed of the decision to close the administration building until election night, after the polls close. [Cincinnati Enquirer, 11/5/2004]

Category Tags: Election Fraud / Media Malfeasance

In Ohio, the Lake County Board of Elections issues a notice warning that some of the county’s newly registered voters have received phony letters claiming that the recipients may have been registered illegally and consequently may not be eligible to vote in the November 2004 elections. The unsigned fake letter, dated October 22 and printed on stationary that looks similar to that of the board, reads: “[I]ndependent efforts by the NAACP, America Coming Together, John Kerry for President and the Capri Cafaro for Congress campaigns have been illegally registering people to vote and apply for absentee ballots…. If you have been registered by any of these entities then you may run the risk of being illegally registered to vote. Please be advised that if you were registered in this capacity, that you will not be able to vote until the next election.” [Anonymous, 10/22/2004; News Channel 5 (Cleveland), 10/28/2004; Washington Post, 10/31/2004]

Entity Tags: Lake County Board of Elections (Ohio)

Timeline Tags: Civil Liberties

Category Tags: Election Fraud / Media Malfeasance, Voter ID/Outreach

Judge Susan J. Dlott, of Federal District Court in Cincinnati, blocks the election boards of six Ohio counties—Franklin, Lawrence, Medina, Cuyahoga, Scioto, and Trumbull—from holding voter verification hearings (see October 23, 2004-October 29, 2004). [WTOV 9 (Steubenville, OH), 10/27/2004; New York Times, 10/29/2004]

Timeline Tags: Civil Liberties

Category Tags: Election Fraud / Media Malfeasance, Voter ID/Outreach

In Akron, Ohio, the Summit County Democratic Party goes to the federal district court in an attempt to block the Republicans’ plan to station some 3,500 “challengers” at voting sites in 65 different Ohio counties (see 4:00 p.m., October 22, 2004). They say that the 1953 vote-challenge law—which critics say is rooted in a blatantly racist 1886 statute that emerged from the Civil War—jeopardizes people’s fundamental right to vote. The law allows citizens to be denied the right without an opportunity to be represented by an attorney or rebut evidence. The case will be decided Monday morning (see Early Morning, November 1, 2004) [Cincinnati Enquirer, 11/1/2004; Columbus Dispatch, 11/1/2004; Los Angeles Times, 11/2/2004]

Timeline Tags: Civil Liberties

Category Tags: Election Fraud / Media Malfeasance

The United States Court of Appeals for the Sixth Circuit upholds Judge Susan Dlott’s October 28 ruling (see October 28, 2004) halting voter registration hearings (see October 23, 2004-October 29, 2004) in six Ohio counties. [New York Times, 10/29/2004]

Timeline Tags: Civil Liberties

Category Tags: Election Fraud / Media Malfeasance, Voter ID/Outreach

In Cincinnati, Donald and Marian Spencer, elderly African American civil rights activists, go to federal district court to challenge the 1953 Ohio law that permits poll watchers to challenge voters (see 4:00 p.m., October 22, 2004). Critics of the law say it is rooted in a blatantly racist 1886 statute that emerged after the Civil War. The couple is supported in their case by the Democrats. The couple complains that most of the Republican challengers will be deployed in the heavily black precincts in the Cincinnati area in order to suppress minority voters. [Cincinnati Enquirer, 11/1/2004; Los Angeles Times, 11/2/2004] David Maume, a sociologist from the University of Cincinnati, testifies that demographic data show a disproportionate number of Republican challengers would be sent to precincts that are predominantly Africa-American. Maume further explains that perhaps as many as 77 percent of black voters would encounter a challenger on Election Day, compared with 25 percent of white voters. There is “a clear correlation between a voting population that is black and the placement of Republican challengers,” Maume concludes. [Plain Dealer (Cleveland), 10/31/2004] The court resumes hearing on the case Sunday evening (see Evening, October 31, 2004). [Los Angeles Times, 11/2/2004]

Entity Tags: Marian Spencer, David Maume, Donald Spencer

Timeline Tags: Civil Liberties

Category Tags: Election Fraud / Media Malfeasance, Voter ID/Outreach

Judge Susan Dlott issues an injunction halting challenge hearings (See October 23, 2004-October 29, 2004) in all of the state’s 88 counties. [New York Times, 10/29/2004]

Entity Tags: Susan J. Dlott

Timeline Tags: Civil Liberties

Category Tags: Election Fraud / Media Malfeasance, Voter ID/Outreach

Following Judge Susan Dlott’s ruling (see Afternoon, October 29, 2004), Ohio Secretary of State J. Kenneth Blackwell instructs Ohio Attorney General Jim Petro to recommend to federal judges that all challengers be barred from polling locations. [Columbus Dispatch, 10/31/2004; Cincinnati Enquirer, 11/1/2004] He reasons that poll workers hired and paid by the local election boards and supplied by the parties should be able to protect against voter fraud. He also says the challengers could generate confusion. [New York Times, 10/29/2004; Plain Dealer (Cleveland), 10/31/2004] But Petro refuses, saying that to do so would be a violation of Ohio law. “Neither the secretary of state nor I can negotiate away the legal rights of Ohio’s citizens,” Petro says in a statement. “Thus, I cannot submit to the federal courts the secretary’s unlawful proposal to ban all challengers for all parties, candidates or issues on Election Day.” Both officials are Republicans. [Plain Dealer (Cleveland), 10/31/2004; Columbus Dispatch, 10/31/2004; Cincinnati Enquirer, 11/1/2004]

Entity Tags: J. Kenneth Blackwell, Jim Petro

Timeline Tags: Civil Liberties

Category Tags: Election Fraud / Media Malfeasance, Voter ID/Outreach

In a fax to US District Judge Susan Dlott, Assistant Attorney General R. Alexander Acosta, offers the Justice Department’s unsolicited opinion on a pre-election lawsuit that has been filed by Donald and Marian Spencer (see October 29, 2004), elderly African American civil rights activists, who claim that Republican plans to deploy thousands of partisan challengers to Ohio polls on election day violates the US Constitution and the 1965 Voting Rights because it targets black neighborhoods in Hamilton County. Copies of the fax are sent to Al Gerhardstein, who is representing the Spencers, and Ohio Attorney General Jim Petro. [Beacon Journal (Akron, OH), 10/31/2004; Plain Dealer (Cleveland), 10/31/2004] Acosta writes in his letter that civil rights lawyers for the Bush administration’s Justice Department see no reason why the plan would be illegal. “[N]othing in the Voting Rights Act facially condemns challenge statutes,” the letter claims. Bush’s Justice Department also argues that “[r]estricting the ability of citizens to make challenges when they have such information would undermine the ability of election officials to enforce their own state laws that govern the eligibility for voting.” [Plain Dealer (Cleveland), 10/31/2004; Beacon Journal (Akron, OH), 10/31/2004; Los Angeles Times, 11/1/2004] Gerhardstein says he believes the Justice Department may have breached legal rules by contacting the judge directly. “It is totally unusual, it is unprecedented for the Justice Department to offer its opinions on the merits of a case like that,” he tells the Cleveland Plain Dealer. “This is the civil rights division saying it is OK for voters to be ambushed when they reach for a ballot.” [Plain Dealer (Cleveland), 10/31/2004] Similarly, he tells the Los Angeles Times: “The Justice Department is not a party to the case. They have not filed a motion to intervene in the case or filed an amicus brief. They volunteered information that goes beyond any federal interest.” [Los Angeles Times, 11/1/2004]

Entity Tags: US Department of Justice, R. Alexander Acosta, Marian Spencer, Al Gerhardstein, Donald Spencer, Susan J. Dlott

Timeline Tags: Civil Liberties

Category Tags: Election Fraud / Media Malfeasance, Voter ID/Outreach

Ohio Attorney General Jim Petro, a Republican, files a suit in the 6th US Circuit Court of Appeals asking for a stay of the court decisions in Akron (See Late October 2004) and Cincinnati (See Evening, October 31, 2004). Petro claims that the two federal judges, one of whom was appointed by George Bush in 2002, are “injecting themselves” into the presidential elections and rewriting Ohio’s election laws. [Plain Dealer (Cleveland), 11/2/2004] The court will grant the stay early the following morning (See 1:24 a.m., November 1, 2004).

Entity Tags: Jim Petro

Timeline Tags: Civil Liberties

Category Tags: Election Fraud / Media Malfeasance, Voter ID/Outreach

In Cincinnati, Donald and Marian Spencer, go to federal district court to resume their challenge (see October 29, 2004) of a 1953 Ohio law that permits poll watchers to challenge voters (see 4:00 p.m., October 22, 2004). The couple contends that most of the Republican challengers will be working in the heavily black precincts in the Cincinnati area in order to suppress minority voters. The court decides early Monday morning (see 1:24 a.m., November 1, 2004). [Los Angeles Times, 11/2/2004]

Entity Tags: Marian Spencer, Donald Spencer

Timeline Tags: Civil Liberties

Category Tags: Election Fraud / Media Malfeasance, Voter ID/Outreach

In Cincinnati, US District Judge Susan J. Dlott rules on a case brought by Donald and Marian Spencer (see Evening, October 31, 2004), in which the couple challenged the GOP’s plan to deploy challengers to polling sites in Hamilton County (see 4:00 p.m., October 22, 2004). Dlott, appointed by Clinton in 1994, rules against the Republican plan, noting that there is no need to have challengers since Ohio already requires the presence of election judges at precincts in order to avoid voter fraud. “Under Ohio law, each polling place is staffed by four election judges, no more than two of whom can be from a single party,” the Los Angeles Times explains. “One of the four is appointed by each county election board to be the presiding judge, who can rule on challenges to a voter’s qualifications.” Dlott warns in her 18-page decision that the Republican plan, if permitted, could cause “chaos, delay, intimidation and pandemonium inside the polls and in the lines outside the door.” She notes “that 14 percent of new voters in a majority white location will face a challenger… but 97 percent of new voters in a majority African American voting location will see such a challenger.” Dlott says also that the law permitting challengers does not sufficiently protect citizens’ fundamental right to vote. [Cincinnati Enquirer, 11/1/2004; Columbus Dispatch, 11/1/2004; Los Angeles Times, 11/2/2004; Cincinnati Enquirer, 11/2/2004] Dlott ruling is very similar to another one that is delivered a few hours later in a similar case in Akron (see Early Morning, November 1, 2004). Commenting on the two rulings, two election law experts, professor Edward Foley of Ohio State University Law School in Columbus and Richard L. Hasen of Loyola Law School in Los Angeles, both tell the Los Angeles Times that they consider it significant that the two judges have provided similar rationales for their rulings. “It is quite striking that the reasoning of both judges is the same and they echo one another,” Foley says. [Los Angeles Times, 11/2/2004]

Entity Tags: Susan J. Dlott, Marian Spencer, Richard L. Hasen, Edward Foley, Donald Spencer

Timeline Tags: Civil Liberties

Category Tags: Election Fraud / Media Malfeasance, Voter ID/Outreach

In Franklin County, electronic voting machines are delivered to polling places in Columbus and its suburbs. But they are unevenly distributed, with more machines being placed per registered voter in the higher-income areas than lower-income areas. [Free Press, 12/16/2004] According to the Columbus Dispatch, the manager of election operations, a Democrat, recommended the placement of machines. [Columbus Dispatch, 12/11/2004] At the end of the day, County Elections Director Matthew Damschroder, a Republican, reportedly orders workers to deliver another 99 voting machines, which were held in reserve in case there was a serious accident or a problem with a truckload, to the inner city precincts where long lines are expected. But only 44 of the reserve machines are delivered. Four machines are delivered the next day (see (Morning) November 2, 2004), 29 machines are “are delivered by the close of polls,” and 22 are left in a warehouse (see Morning-early afternoon, November 2, 2004). [Columbus Dispatch, 12/11/2004]
Uneven distribution - In past elections, the county has aimed to have one machine for every 100 voters, with the maximum being 125 voters per machine. This formula assumes that the average voter will take roughly 5 minutes to cast his or her ballot. 200 voters per machine is considered the absolute maximum. [Columbus Dispatch, 12/11/2004; Free Press, 12/16/2004] After the elections, statistics will reveal that the voter-to-machine ratio was higher in Columbus than in its surrounding suburbs where the income level is higher. (see Morning-early afternoon, November 2, 2004)
Analysis by Dr. Richard Hayes Phillips - According to a signed affidavit by Dr. Richard Hayes Phillips, who holds a PhD in geomorphology from the University of Oregon, the uneven distribution of machines “cost[s] John Kerry 17,000 votes.” His conclusion is based on statistical analysis of Franklin County’s election results which shows that wards with greater than 300 registered voters per machine had a lower voter turnout than wards with fewer than 300 registered voters per machine. Since areas with a lower density of machine placement were predominantly in Democratic Columbus inner-city precincts. Since these precincts experienced lower than usual voter turnout, the implication is that many voters who would have voted for Kerry did not vote because of long lines. [Phillips, 12/10/2004]

Entity Tags: Richard Hayes Phillips, Matthew Damschroder

Category Tags: Election Fraud / Media Malfeasance

In Akron, Ohio, US District Judge John R. Adams rules on a case brought by local residents (see Late October 2004), challenging the Republicans’ plan to station challengers at polling sites in 65 Ohio counties (see 4:00 p.m., October 22, 2004). Adams, appointed by Bush in 2002, rules against the GOP plan. In his decision he notes that Ohio already requires the presence of election judges at precincts in order to avoid voter fraud and that there is therefore no need to place challengers at the polls. “Under Ohio law, each polling place is staffed by four election judges, no more than two of whom can be from a single party,” the Los Angeles Times explains. “One of the four is appointed by each county election board to be the presiding judge, who can rule on challenges to a voter’s qualifications.” Judge Adams also expresses concern that “random challenges or challenges without cause advanced by members of any political party… could result in retaliatory ‘tit for tat’ challenges at the polling places.” Furthermore, he argues, “If challenges are made with any frequency, the resultant distraction and delay could give rise to chaos and a level of voter frustration that would turn qualified electors away from the polls” Finally, Adams also says that the law permitting challengers does not adequately protect a citizen’s fundamental right to vote. [Los Angeles Times, 11/2/2004] Adams ruling is very similar to another one that was delivered just a few hours ago in a similar case in Cleveland (see 1:24 a.m., November 1, 2004). Commenting on the two rulings, two election law experts, professor Edward Foley of Ohio State University Law School in Columbus and Richard L. Hasen of Loyola Law School in Los Angeles, both tell the Los Angeles Times that they consider it significant that the two judges have provided similar rationales for their rulings. “It is quite striking that the reasoning of both judges is the same and they echo one another,” Foley says. [Los Angeles Times, 11/2/2004]

Entity Tags: Edward Foley, John R. Adams, Richard L. Hasen

Timeline Tags: Civil Liberties

Category Tags: Election Fraud / Media Malfeasance, Voter ID/Outreach

In Ohio, Gambier residents and Kenyon college students and faculty wait in extremely long lines to vote—many of them in the rain. There are only two electronic voting machines for the 1,170 people that will eventually cast their vote by 4 am when the polling place finally closes. [Mount Vernon News, 11/2/2004; Beacon Journal (Akron, OH), 11/4/2004; News Channel 5 (Cleveland), 11/4/2004; USA Today, 11/17/2004] Kenyon College student Maggie Hill says during an appearance on the “Today Show” that her and hundreds of other students and Gambier residents had to wait up to 10 hours to cast their votes. [News Channel 5 (Cleveland), 11/4/2004]

Entity Tags: Maggie Hill

Category Tags: Election Fraud / Media Malfeasance

President George W. Bush and Vice President Dick Cheney are re-elected to the US presidency for a second term. In the coming months, some important cabinet officials are replaced. Secretary of State Colin Powell resigns. Condoleezza Rice moves from National Security Adviser to Secretary of State. Her Deputy National Security Adviser Steven Hadley becomes the new National Security Adviser. Attorney General John Ashcroft resigns and is replaced by Alberto Gonzalez. Department of Homeland Security Director Tom Ridge resigns and is replaced by Michael Chertoff. [CBS News, 11/30/2004]

Entity Tags: Alberto R. Gonzales, Colin Powell, Tom Ridge, Stephen J. Hadley, Condoleezza Rice, George W. Bush, Michael Chertoff, Richard (“Dick”) Cheney, John Ashcroft

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Category Tags: Election Fraud / Media Malfeasance

In several Ohio counties, Democratic candidate for State Supreme Court C. Ellen Connally receives more votes than Democratic presidential candidate John Kerry (Auglaize County, Connally - 7,312, Kerry - 5,729; Brown County, Connally - 7,407, Kerry - 7,058; Clermont County, Connally - 29,464, Kerry - 25,318; Dark County, Connally - 8,817, Kerry - 6,683; Highland County, Connally - 6,119, Kerry - 6,012; Mercer County, Connally - 6,607, Kerry - 4,924; Butler County, Connally - 59,532, Kerry - 54,185; Miami County, Connally - 17,206, Kerry - 17,039). As the US House Judiciary Democrats note in a December 2 letter to Ohio Secretary of State Kenneth Blackwell, these results “run counter to the established principle that downballot party candidates receive far less votes than the presidential candidate of the same party.” The totals also deviate significantly from the statewide trend in Ohio, where Kerry receives 48.5 percent of the vote and Connally receives 46.6 percent. Even more striking about the figures is that fact that Connally’s campaign was not very well funded. The same letter, referring to the results of Butler County, comments: “[I]t appears to be wildly implausible that 5,000 voters waited in line to case a vote for an underfunded Democratic Supreme Court candidate and then declined to cast a vote for the most well-funded Democratic Presidential campaign in history.” In addition to the bizarre voter numbers of the Connally and Kerry campaigns in Butler County, the results of the Republican side of those races are also hard to explain. The winning Republican candidate for the State Supreme Court receives 40,000 less votes than presidential candidate George Bush. [Conyers et al., 12/2/2004 pdf file]

Category Tags: Election Fraud / Media Malfeasance

The Election Protection Coalition, an umbrella group of volunteer poll monitors that is operating a telephone hotline, says it has received reports of problems with electronic voting machines from nearly 1,100 voters across the US. [Associated Press, 11/5/2004]

Entity Tags: Election Protection Coalition

Category Tags: Election Fraud / Media Malfeasance

The Associated Press reports: “By the close of polls across the country, despite heavy turnout and hints of a vote-counting saga dead ahead, there were only scattered reports of equipment trouble and human error at the voting stations. And none were major.” [Associated Press, 3/11/2004]

Category Tags: Election Fraud / Media Malfeasance

A dozen precincts in the southwest part of Merced County, Ohio experience problems with electronic voting machines that were purchased in 2001 from UniLect Corp. Machine malfunctions in these precincts are compounded by problems with the paper ballots that are used as a back-up. [Vindicator, 11/3/2004; Pittsburgh Post-Gazette, 12/9/2004] All of the precincts experiencing these problems have a Democratic majority. [Pittsburgh Post-Gazette, 12/9/2004] Some of the problems that voters experience include:
bullet 20 to 30 of the machines need to be recalibrated when votes intended for one candidate are instead counted for another. [Vindicator, 11/3/2004]
bullet About twelve machines freeze up and have to be restarted. [Vindicator, 11/3/2004]
bullet In the precincts of Hermitage, Farrell, Wheatland, West Middlesex, Shenango Township and Sharon, some machines never operate or offer only black screens while others display the ballot backwards, requiring the voter to start with the last page of the ballot and work towards the beginning. [Vindicator, 11/3/2004]
bullet In polling places where the machines are inoperable, election officials have to provide a back-up supply of paper ballots. But the county only has an emergency stock of 2,000 paper ballots, and as a result they have to print “a couple thousand more.” [Vindicator, 11/3/2004] But this creates new problems. Some of the paper ballots are missing candidates’ names and in some precincts there are complaints that poll workers require people to sign their paper ballots. [Pittsburgh Post-Gazette, 12/9/2004] Additionally, critics later note that the failure to have had enough paper ballots on hand may have disenfranchised voters. Some people who left the polls when voting was not possible may not have returned to vote when the new supply of paper ballots arrived. [Vindicator, 11/6/2004]
bullet At the Farrell municipal building, where 289 people are known to have voted, the voting machines record only 51 votes for president—48 votes for John Kerry and 3 for George W. Bush. Missing presidential votes are a problem in other precincts as well, as the county reports a few days later that 51,818 people cast ballots but only 47,768 of those included a vote for president. [Vindicator, 11/6/2004] About a month later, the total undervote in Mercer County is determined to have been 7.29 percent. Typically, candidates will challenge results when the undervote exceeds 2 percent . [Pittsburgh Post-Gazette, 12/9/2004]
bullet For some races machines tabulated negative 25 million votes. [Vindicator, 11/3/2004]
bullet Finally, there is at least one incident involving the harassment of voters. Challengers from both the Democratic and Republican parties assigned to Warren 2E are ordered to leave the polling station after precinct judges say they are being disruptive. [Vindicator, 11/3/2004]

Category Tags: Election Fraud / Media Malfeasance

4,438 (Early reports say 4,530 votes) votes are lost in North Carolina’s Carteret County because officials believed the computer that stored ballots electronically could hold more data than it actually could. The officials claimed that the voting system’s manufacturer, UniLect Corp., had said that each of the storage unit could hold 10,500 votes when in actuality, the limit was 3,005. [Associated Press, 11/4/2004; Associated Press, 11/13/2004; News and Observer, 11/17/2004] According to the North Carolina News and Observer, “Most of the votes lost were by registered Republicans.” [News and Observer, 11/17/2004]

Category Tags: Election Fraud / Media Malfeasance

Christine Gregoire and Dino Rossi.Christine Gregoire and Dino Rossi. [Source: Associated Press / KomoNews]State Attorney General Christine Gregoire (D-WA) is apparently defeated in the Washington State gubernatorial race in the closest such race in US history, losing to former state senator and current real-estate mogul Dino Rossi (R-WA) by 261 votes. The percentage vote is split evenly, 49-49, with 2 percent of the vote going to Libertarian Ruth Bennett. Democrats John Kerry (D-MA) and Patty Murray (D-WA) won the state’s presidential and Senate races, respectively. Both Gregoire and Rossi attempted to run as relatively moderate members of their parties, though their stance on health care, in particular, showed striking differences between them: Rossi ran on a platform of limiting lawsuit awards and drastically cutting state spending on Medicare and other expenditures, while Gregoire promised to expand coverage by finding ways to cut spending in other areas. Both candidates attacked the other relentlessly on the health care issue. On the evening of the election, November 2, Gregoire leads by some 7,000 votes, but as absentee votes are counted over the next few days, her lead dwindles and vanishes. By November 17, when all 39 counties complete their vote tallies, Rossi leads by 261 votes. State law mandates a machine recount, and the recount cuts Rossi’s lead to 42 votes. On November 30, Secretary of State Sam Reed certifies Rossi as the winner. Gregoire requests an additional recount, to be paid for by the Washington Democratic Party, and also files suit asking that ballots rejected in the first count be reconsidered, citing what the suit calls “[p]rior errors and inconsistencies in the initial canvassing and machine recount of ballots.” State Democratic Party chair Paul Berendt says: “I’ve never stopped believing Chris Gregoire was elected governor. It would be easy to demand a recount in a few counties, but she wanted every vote or no vote, and that’s what we’re going to do.” Rossi campaign spokesperson Mary Lane retorts: “As far as we’re concerned, it’s trying to overturn the legitimate result of this election by any means necessary, ethical or not. Christine Gregoire cares more about her own political ambition than what the voters actually think.” Republican Party Chairman Chris Vance calls the lawsuit to reconsider rejected votes “a nuclear bomb. It will blow up our election system in Washington state.” The suit is filed on behalf of four voters who claim they were denied the opportunity to vote. One of those voters, Ronald Taro Suyematsu of King County, says he never received his absentee ballot in the mail. He voted on Election Day using a provisional ballot, but he was not listed as a registered voter and his vote was discarded. Democrats allege that many ballots were inappropriately challenged by Republican observers, that county canvassing board rejected qualified ballots, and voters were denied meaningful notice of challenges. The lawsuit also says counties used varying standards “regarding signature-matching for absentee and provisional ballots.” The suit does not allege deliberate manipulation by county officials. “In some respects, the problems might not be more frequent than in a typical election, but the narrow margin between the candidates means that, unlike the typical election, they are not harmless,” the suit alleges. [Seattle Post-Intelligencer, 10/20/2004; 2004 General Election - First Recount > Statewide Offices > Results, 11/17/2004; Seattle Times, 12/3/2004; HistoryLink (.org), 6/7/2005]

Entity Tags: Mary Lane, Dino Rossi, Christine O. Gregoire, Chris Vance, John Kerry, Washington Republican Party, Ruth Bennett, Dino Rossi gubernatorial campaign (2004), Washington Democratic Party, Paul Berendt, Sam Reed, Ronald Taro Suyematsu, Patty Murray

Timeline Tags: Civil Liberties

Category Tags: Election Fraud / Media Malfeasance, Washington Gubernatorial Race

Voters in 68 of Ohio’s 88 counties, or roughly 73 percent of the electorate, use punch-card ballots to cast their votes. In the counties that use electronic voting systems, 0.8 percent of the votes cast do not register a vote for president whereas in counties that use punch-card ballots, the figure is 1.9 percent, or 76,068 ballots. [Dayton Daily News, 11/21/2004] According to some groups who later dispute the election results, the punch-card ballots that fail to register a vote for the president do register votes for the other offices. [Guardian, 12/1/2004]

Category Tags: Election Fraud / Media Malfeasance

The US 6th Circuit Court of Appeals overturns a ruling made by a federal district court the previous day (See Evening, October 31, 2004) which had barred Republicans from challenging voters at the polls (See 4:00 p.m., October 22, 2004). The appeals court is presided by three judges, two of which were appointed by Republican presidents—Judge John M. Rogers, who was appointed by President Bush in 2002, and Senior Judge James L. Ryan, who was appointed by President Reagan in 1985. Judge Rogers writes in the court’s decision: “Longer lines may, of course, result from delays and confusion when one side in a political controversy employs” challenges “more vigorously than in previous elections,” but “such a possibility does not amount to the severe burden upon the right to vote” that would justify a court order. Appeals Court Judge R. Guy Cole Jr., a 1995 appointee of President Clinton, disagrees. In his dissenting opinion, he says that under the Republican plan, “partisan challengers for the first time since the civil rights era seek to target precincts that have a majority African American population and without any legal standards or restrictions, challenge the voter qualifications of people as they stand waiting to exercise their fundamental right to vote.” He adds: “In this case, we anticipate the arrival of hundreds of Republican lawyers to challenge voter registration at the polls. Behind them will be hundreds of Democrat lawyers to challenge these challengers’ challenges. This is a recipe for confusion and chaos.” [Los Angeles Times, 11/2/2004]

Entity Tags: James L. Ryan, John M. Rogers, R. Guy Cole Jr.

Timeline Tags: Civil Liberties

Category Tags: Election Fraud / Media Malfeasance

In Franklin County, Ohio, four additional electronic voting machines are delivered to precincts in inner city Columbus. However 51 machines remain in a warehouse. [Columbus Dispatch, 12/11/2004]

Category Tags: Election Fraud / Media Malfeasance

In some heavily democratic Columbus, Ohio precincts, people wait 2-7 hours in long lines to cast their votes because of a shortage of voting machines. Machines delivered the previous day were distributed unevenly throughout the county, with a greater concentration (machine to registered voter) being placed in the higher-income suburbs (See November 1, 2004). 51 machines remain in a warehouse (See Afternoon November 2, 2004). [Columbus Dispatch, 12/11/2004; Free Press, 12/16/2004] After the elections, statistics show that the voter-to-machine ratio was higher in Columbus than in its surrounding suburbs where income levels are higher. In the affluent Republican stronghold of Upper Arlington not one of its 34 precincts had a voting machine which cast more than 200 votes. Only one machine, in ward 6F, came close to the maximum. It was used by 194 voters. However, in the Democratic city of Columbus, there were 34 polling machines which logged on more than 200 votes per machine and 42 machines that were over 190 votes per machine. In another words, in Columbus, 17 percent of the city’s machines were operating at 90-100 percent over the optimum capacity while in Upper Arlington the figure was 3 percent. The high voter ratios in Columbus were due to a combination of increased voter participation and fewer voting machines. In Columbus, despite increased voter registration in the city, 139, or 29 percent, of the 472 precincts had fewer machines than in the 2000 presidential election. In some precincts, the number of machines was reduced by as many as five. This contrasted sharply with Upper Arlington, where only two precincts had fewer machines. In one of those precincts, voter registration had declined by 25 percent. [Columbus Dispatch, 12/11/2004; Free Press, 12/16/2004]

Category Tags: Election Fraud / Media Malfeasance

In Franklin County, election officials call the county warehouse where 51 electronic voting machines are being kept to see if additional machines are available and can be delivered to some of Columbus’s inner city precincts where voters are experiencing long lines (See November 1, 2004). But they are reportedly told that only 29 machines are there. Workers then program counting cartridges for the 29 machines and attempt to deliver the machines to the inner-city precincts. But for some reason, 17 of the machines are never activated. As a result, these 17 machines, in addition to the 22 machines that were apparently left at the warehouse—representing 1.4 percent of the county’s 2,840 machines—are never used. Officials later are at a loss to explain what happened, saying only that perhaps the polls were closed when the machines arrived or poll workers told those making the delivery that additional machines were not needed. [Associated Press, 12/11/2004; Columbus Dispatch, 12/11/2004]

Category Tags: Election Fraud / Media Malfeasance

In Lebanon, Ohio, Warren County officials close the county administration building to the public where the vote is being tallied. The lockdown—the only one to occur in the state—is a result of a decision that was made during a closed-door meeting the previous week (See October 28, 2004). Warren County Emergency Services Director Frank Young had recommended the increased security because of information received from the US Department of Homeland Security and the Federal Bureau of Investigation. [Cincinnati Enquirer, 11/5/2004] An FBI agent reportedly said that Warren County ranked a “10” on a terrorism scale of 1 to 10. The threat was said to be of domestic origins. [Cincinnati Enquirer, 11/10/2004] But these claims are later challenged when officials from the FBI and DHS say that they were not aware of any such threats. Media organizations protest the lockdown, arguing that the officials are violating the law and the public’s rights. “The media should have been permitted into the area where there was counting,” Enquirer attorney Jack Greiner complains. “This is a process that should be done in complete transparency and it wasn’t.” In other Ohio counties, such as Butler County, people are permitted to observe ballot checkers through a window. In past elections, the Warren County commissioners’ room was open to the public so they could observe the process. [Cincinnati Enquirer, 11/3/2004; Cincinnati Enquirer, 11/5/2004] The news director at WCPO-TV, Bob Morford, says he’s suspicious of the decision to close the building to the public. I’ve “never seen anything like it,” he says. “Frankly, we consider that a red herring…. That’s something that’s put up when you don’t know what else to put up to keep us out.” [Cincinnati Enquirer, 11/5/2004] Additionally, election officials fail to set up an area with telephones for the media as they were supposed to. When reporters attempt to enter the building, they are refused, although they are later permitted into the building’s lobby located two floors below the elections office. The Associated Press, which has reporters at every Ohio board of elections site, says that Warren County is the only county to implement such tight restrictions. County Prosecutor Rachel Hutzel claims that having reporters and photographers around could interfere with the vote count. [Cincinnati Enquirer, 11/5/2004] It is later explained that these restrictions were also due to homeland security concerns. [Cincinnati Enquirer, 11/10/2004]

Entity Tags: Jack Greiner, Rachel Hutzel, Bob Morford

Category Tags: Election Fraud / Media Malfeasance

In Montgomery County, two precincts—one in Kettering and another in Washington Twp.—report extraordinarily high numbers of ballots cast with no presidential vote. The two precincts, both of which used punch-card ballots, had undercounts of more than 25 percent, far exceeding the county’s overall undercount of 2 percent. Undercount rates were 75 percent higher in the precincts that voted for John Kerry. Of the 231 precincts that went to Kerry, 2.8 percent of the ballots cast lacked a vote for the president. In the 354 precincts that supported President Bush, the figure was 1.6 percent. (But there were some exceptions. In fact, seven of the 10 precincts with the highest rate of undercounted presidential ballots went to Bush. For example, the highest undercount rate in Montgomery County occurred in precinct Washington X, a Bush stronghold, with 27.5 percent of the 611 ballots cast lacking a vote for president.) Larry J. Sabato, a political scientist from the University of Virginia, tells the Dayton Daily News that the extremely high rate of undercounts indicates that something went wrong. “It is very difficult to believe that a quarter of the people would not vote for president, especially in a year like this,” he says. “If I were the election officers in those areas I would be doing some very extensive checks of those machines.” But the presiding judge of Washington X, Shirley Wightman, tells the Dayton Daily News that her precinct reported no problems. [Dayton Daily News, 11/18/2004]

Entity Tags: Shirley Wightman, Larry J. Sabato

Category Tags: Election Fraud / Media Malfeasance

In Ohio’s Cuyahoga County, some Cleveland precincts with large African-American populations, report an extraordinarily high number of votes for third party candidates even though few voters in these precincts have voted for these candidates in the past. For instance, in precinct 4F in the 4th Ward, where voting took place at Benedictine High School, there are 290 votes for Kerry, 21 for Bush, and 215 for Constitution Party candidate Michael Peroutka. And in precinct 4N, where voting occurred at the same location, the tally was 318 for Kerry, 21 for Bush, and 163 for Libertarian Party candidate Michael Badnarik. Yet in the previous presidential election, a total of only 8 votes were cast by those two precincts for all independent candidates combined. City Councilman Kenneth Johnson, who has represented the 4th Ward since 1980, tells Juan Gonzales of the New York Daily News: “That’s terrible, I can’t believe it. It’s obviously a malfunction with the machines.” Similar results appear in other Cleveland precincts, including the 8th Ward’s G and I precinct at Cory United Methodist Church. In G, there were 51 votes for Badnarik and in I, there were 27 votes cast for Peroutka. However in 2000, third party candidates received only 9 votes from these precincts. [New York Daily News, 11/30/2004; Conyers et al., 12/2/2004 pdf file] It is later suggested that the problems were caused by voters in one precinct using machines intended for another. According to Katie Daley, an observer for the Democratic Party, voters waited in a single line between adjacent precincts and entered the voting booths as they became available, without regard to precinct assignment. [Associated Press, 12/10/2004] Reporter Juan Gonzales suggests that the votes cast for the third party candidates may have been meant for John Kerry: “In virtually all those precincts, Kerry’s vote was lower than Al Gore’s in 2000, even though there was a record turnout in the black community this time, and even though blacks voted overwhelmingly for Kerry.” [New York Daily News, 11/30/2004]

Entity Tags: Juan Gonzales

Category Tags: Election Fraud / Media Malfeasance

In Ohio, Matthew Damschroder, director of Franklin County Board of Elections, reports that an error with its electronic voting system gave President Bush 3,893 extra votes in Precinct 1B in Gahanna where only 638 voters were known to have cast ballots. The actual tally of Bush votes was 365. [Associated Press, 11/5/2004; Columbus Dispatch, 11/5/2004; Associated Press, 11/6/2004] Franklin is the only Ohio county where the older-style touchscreen voting system manufactured by Danaher Controls Inc.‘s ELECTronic 1242 is used. [Associated Press, 11/5/2004]

Entity Tags: Matthew Damschroder

Category Tags: Election Fraud / Media Malfeasance

FBI officials and homeland security officials at both the state and federal level say they are not aware of any specific election day threats against Ohio’s Warren County where local election officials had locked down the county administration building on election day citing security concerns. County officials had claimed that the move had been prompted by information they had received from the FBI and Homeland Security. But FBI officials, charged with overseeing anti-terrorism activities in southern Ohio, tell the Cincinnati Enquirer that they received no information about a terror threat in the county. “The FBI did not notify anyone in Warren County of any specific terrorist threat to Warren County before Election Day,” FBI spokesman Michael Brooks explains. And a spokeswoman for Ohio’s top homeland security official, Public Safety Director Ken Morckel, likewise contends that they knew of no heightened terror warning for the Greater Cincinnati area on election night. [Cincinnati Enquirer, 11/10/2004]

Entity Tags: Michael Brooks, Federal Bureau of Investigation

Category Tags: Election Fraud / Media Malfeasance

Attorneys scrutinizing the close vote in Broward County, Florida notice that vote totals for some constitutional amendment questions changed in an unexpected way after 13,000 final ballots were counted. Election officials quickly determine the problem was caused by the Unity Software that adds the vote totals together from five machines tabulating absentee ballots. The software was developed by ES&S of Omaha, Nebraska. According to Broward County Mayor Ilene Lieberman, the glitch was discovered two years ago but was not fixed for reasons that are disputed. ES&S claims that they were unable to fix the bug because they were not granted certification for the change from the state of Florida. However Florida denies that that was the case. An attorney for the Secretary of State’s office says that state certification is not needed to fix bugs. [Miami Herald, 11/4/2004]

Category Tags: Election Fraud / Media Malfeasance

Christine Gregoire (D-WA), declared the loser in her gubernatorial race against Dino Rossi (R-WA) by a mere 42 votes (see November 2-30, 2004), is shown to be the winner after a full recount. On December 23, 2004, Gregoire is certified to have gained 919 votes in the recount, and Rossi gained 748, giving Gregoire a 129-vote lead. The State Legislature certifies the vote, and Gregoire is sworn in as governor on January 12, 2005. [Washington Secretary of State, 12/23/2004; Seattle Times, 12/30/2004; HistoryLink (.org), 6/7/2005] 1,555 votes in Democratic stronghold King County were initially not counted, 573 of them because their signatures had not been entered into the computer database. It is certain that these 573 votes were improperly rejected, and perhaps many of the others as well, the King County Elections Board determines. The error comes to light when Larry Phillips, chairman of the Metropolitan King County Council, discovers that his vote was disqualified. His request to find out why he was disqualified leads to the discovery of the 573 uncounted votes. Republican Party chairman Chris Vance says of the findings that he and his fellow Republicans are now “absolutely convinced that King County is trying to steal this election.… There are Republicans urging us to organize mass protests, to take to the streets. At some point people’s patience just runs out.” He adds: “It’s either gross incompetence or vote fraud. I guess we should just keep expecting King County to find votes until they find enough.” Republicans accuse state Democrats of attempting to rewrite Washington’s election laws to ensure Gregoire is named the victor. [Seattle Times, 12/14/2004; Seattle Times, 12/14/2004] As many as 162 absentee ballots in King County were “misplaced” and not counted. King County Elections Director Dean Logan said before the recount was complete that “we knew as fact” those voters were improperly disenfranchised. [Seattle Times, 12/17/2004] King County Republican Dan Satterberg, a member of the King County Canvassing Board, says: “We’re determining the validity of votes and ballots one at a time.… It reminds me of when I would umpire Little League games. You never want the umpire’s call to make the decision in the game.” Satterberg attempts to block the counting of disputed absentee ballots, but is outvoted by the canvassing board’s two Democratic members. The State Supreme Court reverses a lower court ruling and allows the absentee ballots to be counted in the larger totals. On December 21, just before the vote totals are announced and Gregoire is named the winner, some 350 protesters gathered in front of the Supreme Court building, demanding that Rossi be named the winner, accusing the Gregoire campaign of orchestrating a systematic voter fraud effort, and comparing Washington State to Ukraine, a nation whose recent elections were marred by massive voter fraud. The rally was sponsored by a conservative talk radio station. [Associated Press, 12/22/2004; Seattle Times, 12/23/2004] Washington State Republicans file a lawsuit challenging the recount and demanding that Rossi be sworn in as governor, citing as evidence their claims that hundreds of convicted felons voted without going through the procedure to have their civil rights restored. They also claim a raft of other irregularities benefited Gregoire, particularly in the Democratic stronghold of King County, and will challenge 1,678 votes cast as “illegal” and “fraudulent.” [HistoryLink (.org), 6/7/2005] Rossi will demand a new election (see December 29-30, 2004), a demand that will not be honored (see February 4, 2005).

Entity Tags: Chris Vance, Dean Logan, Dan Satterberg, King County (Washington), Christine O. Gregoire, Dino Rossi, Larry Phillips, King County Elections Board, Washington Supreme Court

Timeline Tags: Civil Liberties

Category Tags: Election Fraud / Media Malfeasance, Washington Gubernatorial Race

Real-estate mogul Dino Rossi (R-WA), who was declared the loser in the 2004 Washington State gubernatorial race by a mere 129 votes (see December 23, 2004 - January 12, 2005), demands that the entire result be thrown out and a new election held. “Quite frankly, folks, this election has been a total mess,” he says. Secretary of State Sam Reed (R-WA), who certified Christine Gregoire (D-WA) as the legitimate governor, responds, “I do not feel like this has been a botched election.” He says the election process had been fair, but adds, “I would not say I think somebody ought to be conceding at this point.” Rossi can contest the election, Reed says. Rossi says if a court finds in his favor, he would argue for an entirely new election as opposed to the court or the legislature deciding the outcome. “The people have a right to decide who their next chief executive officer is for the state of Washington, if we end up with an election set aside,” he says. Rossi urges Gregoire to join him in calling for a new election in the interest of comity and voter confidence. If she takes the position after the recounts, Rossi says, her tenure will be “shrouded in suspicion.” To head that off, he says, “[a] revote would be the best solution for the people of our state and would give us a legitimate governorship.” Gregoire’s spokesperson Morton Brilliant says Gregoire is not considering such an action. “This ain’t golf,” he says. “No mulligans allowed here, folks.” Washington Democrats call Rossi’s request “ridiculous” and “hypocritical.” Kirsten Brost of the Washington Democratic Party says: “In the same breath, Dino Rossi says a drawn-out process would hurt Washington state and then he asks for another election. He wants to spend $4 million of taxpayer money for a new election because he doesn’t like the results.” State law does not allow for a revote, but Reed says it could happen if a court or the state legislature orders one. Rossi says that if his and Gregoire’s positions were reversed, he would welcome a new election. “I would not want to enter office with so many people viewing my governorship as illegitimate,” he says. Former Secretary of State Ralph Munro (R-WA) originally called for a revote, saying the current election count had been bungled so badly no one had confidence the votes were counted accurately. Munro is the chairman of Votehere Inc., a company that manufactures a “safe and secure” voter tallying system. Munro denies trying to drum up business for his firm, and says that if such a revote were held, he would not care who won. [Seattle Times, 12/30/2004]

Entity Tags: Sam Reed, Christine O. Gregoire, Morton Brilliant, Dino Rossi, Ralph Munro, Kirsten Brost

Timeline Tags: Civil Liberties

Category Tags: Election Fraud / Media Malfeasance, Washington Gubernatorial Race

Washington State businessman Tom McCabe, the executive vice president of the Building Industry Association of Washington (BIAW) and a prominent Republican activist, is angered by what he considers “voter fraud” in the disputed gubernatorial election between Christine Gregoire (D-WA) and Dino Rossi (R-WA—see December 23, 2004 - January 12, 2005). He is further frustrated by what he considers the reluctance by Republican John McKay (see October 24, 2001 and Late 2004 or Early 2005), the US Attorney for Western Washington, to pursue the allegations. McCabe repeatedly contacts the White House to demand McKay’s firing. McKay will later say, “There was no evidence, and I am not going to drag innocent people in front of a grand jury.” McCabe told McKay he had evidence of forged signatures on absentee ballots cast for Gregoire (see December 2004), and attempted to persuade the FBI to launch an investigation. Neither McKay nor the FBI will be convinced by McCabe’s evidence (see January 4, 2005). Of McKay’s refusal to pursue the allegations, McCabe later recalls, “It started me wondering whether the US Attorney was doing his job.” McKay later says that the FBI concluded that the ballots cited by McCabe were not forgeries. [Seattle Times, 3/13/2007; Talking Points Memo, 2011]

Entity Tags: Dino Rossi, Bush administration (43), Christine O. Gregoire, Tom McCabe, Federal Bureau of Investigation, John L. McKay

Timeline Tags: Civil Liberties

Category Tags: Election Fraud / Media Malfeasance, Washington Gubernatorial Race

Washington State Republicans file a lawsuit challenging the results of an election recount that gave Christine Gregoire (D-WA) the victory in a close race for the governorship against Dino Rossi (R-WA—see December 23, 2004 - January 12, 2005). Rossi’s recent demand for an entirely new election was not heeded (see December 29-30, 2004). Rossi announces the lawsuit, challenging the validity of the recounts that eventually gave Gregoire the victory. He says that if the court finds in his favor, he would again ask for a new election: “It’s clear that this election is a mess. A re-vote is the only way I think we can go.” The suit is being filed in Chelan County Superior Court, an eastern county. Republicans say they prefer this venue to a court in Western Washington, which they say is more liberal. Kirsten Brost of the Washington Democratic Party says that regardless of what the court may say, there is no provision in state law for a new election. “If they are going to have another election, they would have to amend the state Constitution,” she says. Rossi and state Republicans are claiming that voter fraud gave Gregoire the victory. “We’ve found people who are felons that have voted, we’ve found people who have voted more than once,” Rossi says. “We’ve also found people who have remained politically active after they are dead.” [New York Times, 1/7/2005]
Reports of Dead People Casting Votes - The Seattle press recently reported that a Seattle resident had cast a vote on behalf of his wife who had died shortly before the election. The man said his wife wanted him to cast her vote for Rossi, and he did so. “A dead person cannot vote, not even for me,” Rossi says. Seattle prosecutors are investigating the charge, along with evidence that at least seven other ballots for dead voters were cast. One of the eight cases uncovered by the Seattle press was due to an administrative error that inaccurately listed a living voter as having died. Another vote cast by a woman who died in August was challenged by the woman’s husband, who insists that he destroyed the absentee ballot mailed to their residence after she died. A third case involves a woman using her deceased husband’s absentee ballot instead of the one mailed in her name. Another was cast by a man who filled out his absentee ballot, then died before he mailed it. His wife mailed the ballot on his behalf. “These are not indications of fraud,” says Bill Huennekens, King County’s elections supervisor. “Fraud is a concerted effort to change an election.” [Seattle Post-Intelligencer, 1/6/2005; New York Times, 1/7/2005]
Hundreds of Provisional Ballots Causing Controversy - More to the point are the hundreds of provisional ballots which may have been improperly counted. Republicans say that King County, the state’s largest county and a reliable Democratic stronghold, counted many provisional votes without determining that the people who cast them were registered voters. King County officials recently admitted that 348 provisional ballots were mistakenly counted. Gregoire was certified the winner by 129 votes, though it is unlikely that all 348 provisional ballots were cast for Gregoire.
Minor Mistakes Being Used to Challenge Election? - Brost says that Republicans are pointing at a small number of routine tallying errors and trying to use them to reverse a legitimate outcome. “In order to throw out this election,” she says, “they would have to prove that the mistakes made resulted in the wrong person winning. It’s not sufficient to just say there’s mistakes.” Secretary of State Sam Reed (R-WA) says he approves of the lawsuit. “A court of law is the proper forum to provide a judicious and objective answer to legitimate questions raised about the elections and its results,” he says. [New York Times, 1/7/2005]

Entity Tags: Washington Republican Party, Dino Rossi, Christine O. Gregoire, Bill Huennekens, Kirsten Brost, King County (Washington), Sam Reed

Timeline Tags: Civil Liberties

Category Tags: Election Fraud / Media Malfeasance, Washington Gubernatorial Race

Washington State Republicans claim they have found 489 felons who illegally voted in the November 2004 election, and 300 or more votes that they allege were cast illegally. They are challenging the results of a recount that gave Christine Gregoire (D-WA) the governorship of Washington over Republican challenger Dino Rossi (R-WA—see January 7, 2005). Four hundred and twenty-four of those alleged felons are in King County, Washington’s largest county and a heavily Democratic stronghold. Seattle is in King County. Fourteen alleged felons are in Pierce County, which includes the large urban area of Tacoma. A Seattle Times investigation has found 129 felons in King and Pierce counties who voted without having their rights restored. Both the Times and the Washington GOP are using criminal records databases to make their determinations, and public voting records from the Office of the Secretary of State. It is not recorded which candidates these alleged felons voted for. Washington Republicans say that they have found more than enough evidence of improper voting to justify a new election (see December 29-30, 2004), but Washington Democratic Party official Kirsten Brost says, “There’s no proof that Dino Rossi won the election, and that’s what you need to show.” [Seattle Times, 1/27/2005; Seattle Times, 1/29/2005]

Entity Tags: King County (Washington), Christine O. Gregoire, Dino Rossi, Seattle Times, Washington Republican Party, Pierce County (Washington), Kirsten Brost

Timeline Tags: Civil Liberties

Category Tags: Election Fraud / Media Malfeasance, Washington Gubernatorial Race

Superior Court Judge John Bridges rules that Washington State will not have a new election to determine who is governor of the state. Bridges is presiding over a lawsuit filed by Washington Republicans that asks him to throw out the recount that determined Christine Gregoire (D-WA) defeated Dino Rossi (R-WA) in the November 2004 election (see January 7, 2005). Gregoire was sworn in as governor on January 12, 2005 (see December 23, 2004 - January 12, 2005). Bridges rules that even if Republicans prove their contention that the election was so fundamentally flawed that the results are in doubt (see January 24-28, 2005), state law does not allow for a revote. “The court doesn’t have the authority,” Bridges rules. Bridges also throws out a Democratic request to have the case thrown out entirely. Republicans call the ruling a minor victory for Democrats that means little in the larger context, but Democrats call the ruling the beginning of the end for Republican hopes of having Gregoire’s victory vacated. Rossi’s campaign calls the ruling “a crushing day for Democrats.” A lawyer for the Washington Democratic Party, Russell Speidel, calls the ruling “a huge decision for Christine Gregoire.” Speidel says that under Bridges’s rulings, Republicans “now have to specifically prove that Mr. Rossi won the election,” an extremely difficult legal goal to meet. Speidel says that in essence, Republicans would have to march hundreds of people through the court to admit that they cast illegal votes for Gregoire. Republicans say that Speidel’s assessment is flawed. [Seattle Post-Intelligencer, 2/4/2005]

Entity Tags: Russell Speidel, Christine O. Gregoire, John Bridges, Dino Rossi

Timeline Tags: Civil Liberties

Category Tags: Election Fraud / Media Malfeasance, Washington Gubernatorial Race

The Justice Department is sent a letter, apparently via surface mail, that, according to a department control sheet, “request[s] an investigation into the voting irregularities and the certification of the Washington State 2004 election” (see December 23, 2004 - January 12, 2005, December 29-30, 2004, January 7, 2005, January 24-28, 2005, February 4, 2005, and March 5, 2005). The sender of the letter is redacted from the control sheet. The letter is marked as received on March 10. On March 15, the letter is referred to the Civil Rights Division “for component response,” and referred to several other bureaus within the department, including the Offices of the Attorney General and Deputy Attorney General. The Civil Rights Division sends a reply on March 24, 2005. The reply is not included in the documents later released by the Justice Department. [US Department of Justice, 6/21/2007 pdf file]

Entity Tags: US Department of Justice, Civil Rights Division (DOJ)

Timeline Tags: Civil Liberties

Category Tags: Washington Gubernatorial Race, Election Fraud / Media Malfeasance

The Seattle Times reports that Washington State Democrats believe the White House is behind the efforts to force a recount in the November 2004 governor’s race. Christine Gregoire (D-WI) defeated Dino Rossi (R-WI) after a recount gave Gregoire a narrow victory (see December 23, 2004 - January 12, 2005). Since then Rossi and Washington State Republicans have demanded new recounts or even a new election (see December 29-30, 2004). In January 2005, they filed a lawsuit to overturn the election results, alleging voter fraud tainted the vote (see January 7, 2005, January 24-28, 2005, and February 4, 2005). The FBI and US Attorney John McKay have investigated the allegations of voter fraud and found them groundless (see December 2004 and January 4, 2005), though state Republicans have been displeased with those findings (see Late 2004 or Early 2005, Late 2004, and January 4, 2005). As the lawsuit wends its way through the courts, Democrats tell reporters that the evidence being brought to bear by state Republicans in the lawsuit is worthless. One party attorney says their list of alleged illegal voters would end up as toilet paper “in an outhouse on Blewett Pass” on the mountain highway route that leads to the Chelan County courthouse, where the case will be heard. However, solicitations sent by Washington State Democratic Party chairman Paul Berendt say the White House, led by deputy chief of staff Karl Rove, is pushing the GOP lawsuit. Berendt’s letter warns of “guerrilla tactics” by “right-wing attorneys” and “extremist operatives” who are “meticulously crafting a case to unseat Christine Gregoire.” Berendt stands behind the letter, saying: “[W]e believe this, too. We believe that Rove is in regular contact with people here.” Rossi spokesperson Mary Lane confirms that the Rossi campaign is regularly updating the White House on the case, saying: “They’re interested in what’s going on.… We talk to them about it.” However, “[t]here’s certainly no Karl Rove pulling strings.” White House spokesperson Ken Lisaius says no one in the Bush administration is involved in the lawsuit, telling a reporter: “As reluctant as I am to comment on an inflammatory fund-raising piece, those are just not the facts. The White House is not directing any sort of strategy for the Rossi campaign and to suggest otherwise is to suggest someone is not very well informed.” Berendt points to the Rossi campaign’s use of Washington, DC, attorney Mark Braden as chief counsel; Braden spent 10 years as chief counsel to the Republican National Committee. Berendt says his party uses local attorneys. He also cites Rove’s 1994 involvement in the case of an Alabama state Supreme Court election, in which Rove fought for a recount claiming that the election had been “stolen.” The Times writes: “There are parallels to the current dispute here over the governor’s election. In both cases, Republicans held a news conference with the parents of a military voter to question whether overseas ballots were handled properly. Republicans in both states filed a lawsuit that named a long list of public officials as respondents. Both held rallies; business groups financed media campaigns.” Rove’s candidate eventually won (see Early 1994 - October 1995). Berendt says that Rove was also behind failed attempts to force recalls of Republican Secretary of State Sam Reed and Democratic King County Councilman Dow Constantine. Berendt writes, “We know what they’re doing, and we’re going to tell the world that it’s the Bush team, with the Bush tactics, and Karl Rove pulling the strings that’s trying to defeat us.” [Seattle Times, 3/5/2005]

Entity Tags: Karl C. Rove, Dino Rossi, Christine O. Gregoire, Bush administration (43), Dow Constantine, John L. McKay, Mark Braden, Mary Lane, Seattle Times, Paul Berendt, Sam Reed, Federal Bureau of Investigation, Ken Lisaius

Timeline Tags: Civil Liberties

Category Tags: Washington Gubernatorial Race, Election Fraud / Media Malfeasance

The Evergreen Freedom Foundation, a conservative activist organization in Washington state, sends a three-page letter to Attorney General Alberto Gonzales urging the Justice Department to investigate US Attorney John McKay (see October 24, 2001) for misconduct. The foundation charges that McKay “has committed malfeasance by systematically refusing to act on evidence of election fraud delivered to his office.” The foundation, along with several Republican leaders in Washington state, say that McKay willfully ignored complaints of election fraud in the hotly contested 2004 governor’s race between Christine Gregoire (D-WA) and Dino Rossi (R-WA—see December 23, 2004 - January 12, 2005). McKay opened an investigation, but did not empanel a grand jury to investigate further (see January 4, 2005, Late 2004 or Early 2005 and Late 2004). McKay will later say that his office found no grounds for the voter fraud allegations: “We had lots of instances of incompetent handling of an election. What we didn’t find was a criminal act.” The director of that group’s voter integrity project, Jonathan Bechtle, later says that he believes his group’s complaint was forwarded to the Justice Department office that oversees US Attorneys, but will say, “I couldn’t get any information out of them as to the conclusion.” [Washington Post, 3/19/2007; Iglesias and Seay, 5/2008, pp. 133]

Entity Tags: Christine O. Gregoire, Jonathan Bechtle, Evergreen Freedom Foundation, John L. McKay, Dino Rossi, Alberto R. Gonzales

Timeline Tags: Civil Liberties

Category Tags: Washington Gubernatorial Race, Election Fraud / Media Malfeasance

Lawyers for the Washington Democratic Party celebrate after the court ruling certifying Christine Gregoire as governor.Lawyers for the Washington Democratic Party celebrate after the court ruling certifying Christine Gregoire as governor. [Source: Seattle Post-Intelligencer]State Attorney General Christine Gregoire (D-WA) is certified the winner of the Washington State governor’s race against challenger Dino Rossi (R-WA). Rossi was initially declared the winner (see November 2-30, 2004), but the race was so close that Gregoire asked for a recount, as was her right under the law (see December 23, 2004 - January 12, 2005). Republicans challenged the recount in court, citing 1,678 votes as “illegal” (see January 7, 2005 and January 24-28, 2005). Superior Court Judge John Bridges rules against the Republican plaintiffs. He finds that although some voting irregularities did occur in the largely Democratic King County, they were not the result of deliberate voter fraud or manipulation. “No evidence has been placed before the court to suggest fraud or intentional misconduct,” he says. “Elections officials attempted to perform their responsibilities in a fair and impartial manner.” In only five instances—five votes—was evidence presented that showed the intent of the voter in the 1,678 “illegal” votes cast. For the other 1,673, officials were unable to determine which candidate the voters in question selected on Election Day. None of those five votes were for Gregoire: Democrats presented evidence that four convicted felons had illegally voted for Rossi and a fifth for a third-party candidate. Bridges deducts those five votes from the final tally, giving Gregoire the final and official 133-vote margin of victory. Bridges refused Republicans’ demands to subtract what they called “invalid votes” from the statistical totals of vote tallies, and to statistically refigure the votes. Such an action would constitute the worst kind of judicial activism, Bridges says. As a result, “The court concludes that the election contest petition should be dismissed and the certification of Miss Gregoire as governor confirmed.” State Democratic Chairman Paul Berendt says: “It’s a huge victory. But the centerpiece was that the Republicans never had a case. They need to drop their case so the state can get on with its important business. They have shown that they will spend anything, they will say anything, and they will do anything to tear down Christine, and it’s time for that to stop.” Later in the day, Rossi says he will not appeal the ruling to the Washington Supreme Court: “With today’s decision, and because of the political makeup of the Washington State Supreme Court, which makes it almost impossible to overturn this ruling, I am ending the election contest,” he says. Bridges says that if the election process is flawed, it is up to the state legislature to fix it, not the courts. [Seattle Post-Intelligencer, 6/5/2005; Borders et al. v. King County et al., 6/6/2005; Washington Post, 6/7/2005; HistoryLink (.org), 6/7/2005]

Entity Tags: King County (Washington), Christine O. Gregoire, Dino Rossi, John Bridges, Washington Supreme Court, Paul Berendt

Timeline Tags: Civil Liberties

Category Tags: Election Fraud / Media Malfeasance, Washington Gubernatorial Race

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