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The Supreme Court rules in the case of McConnell v. Federal Election Commission. The case addresses limitations on so-called “soft money,” or contributions to a political party not designated specifically for supporting a single candidate, that were imposed by the Bipartisan Campaign Reform Act of 2002 (BCRA), often known as the McCain-Feingold law after its two Senate sponsors (see March 27, 2002). A three-judge panel has already struck down some of McCain-Feingold’s restrictions on soft-money donations, a ruling that was stayed until the Court could weigh in. Generally, the Court rules that the “soft money” ban does not exceed Congress’s authority to regulate elections, and does not violate the First Amendment’s free speech clause. The ruling is a 5-4 split, with the majority opinion written by liberal Justice John Paul Stevens and his conservative colleague Sandra Day O’Connor. The opinion finds that the “minimal” restrictions on free speech are outweighed by the government’s interest in preventing “both the actual corruption threatened by large financial contributions and… the appearance of corruption” that might result from those contributions. “Money, like water, will always find an outlet,” the justices write, and the government must take steps to prevent corporate donors from finding ways to subvert the contribution limits. The majority is joined by liberal justices Stephen Breyer, Ruth Bader Ginsburg, and David Souter, and the four other conservatives on the court—Anthony Kennedy, William Rehnquist, Antonin Scalia, and Clarence Thomas—dissent. [Legal Information Institute, 12/2003; Oyez (.org), 2011] The case represents the consolidation of 11 separate lawsuits brought by members of Congress, political parties, unions, and advocacy groups; it is named for Senator Mitch McConnell, who sued the FEC on March 27, 2002, the same day the bill was signed into law. Due to the legal controversy expected to be generated by the law and the need to settle it prior to the next federal election, a provision was included in the BCRA that provided for the case to be heard first by a special three-judge panel and then appealed directly to the Supreme Court. This District of Columbia district court panel, comprised of two district court judges and one circuit court judge, was inundated with numerous amicus briefs, almost 1,700 pages of related briefs, and over 100,000 pages of witness testimony. The panel upheld the BCRA’s near-absolute ban on the usage of soft money in federal elections, and the Supreme Court agrees with that finding. However, the Court reverses some of the BCRA’s limitations on the usage of soft money for “generic party activities” such as voter registration and voter identification. The district court overturned the BCRA’s primary definition of “noncandidate expenditures,” but upheld the “backup” definition as provided by the law. Both courts allow the restrictions on corporate and union donations to stand, as well as the exception for nonprofit corporations. The Court upholds much of the BCRA’s provisions on disclosure and coordinated expenditures. The lower court rejected the so-called “millionaire provisions,” a rejection the Supreme Court upholds. A provision banning contributions by minors was overturned by the lower court, and the Court concurs. The lower court found the provision requiring broadcasters to collect and disclose records of broadcast time purchased for political activities unconstitutional, but the Court disagrees and reinstates the requirement. [Legal Information Institute, 12/2003] McConnell had asked lawyer James Bopp Jr., a veteran of anti-campaign finance lawsuits and the head of McConnell’s James Madison Center for Free Speech, to take part in the legal efforts of the McConnell case. However, before the case appeared before the Supreme Court, McConnell dropped Bopp from the legal team due to a dispute over tactics. [New York Times, 1/25/2010] The 2010 Citizens United decision will partially overturn McConnell (see January 21, 2010).
Entity Tags: Federal Election Commission, David Souter, Bipartisan Campaign Reform Act of 2002, Antonin Scalia, Anthony Kennedy, William Rehnquist, US Supreme Court, Stephen Breyer, Sandra Day O’Connor, National Rifle Association, Mitch McConnell, John Paul Stevens, Ruth Bader Ginsburg, James Bopp, Jr, Clarence Thomas
Timeline Tags: Civil Liberties
Six lawyers and two analysts at the US Department of Justice (DOJ) conclude, in a classified memo, that the controversial Texas Congressional redistricting plan headed by Representative Tom DeLay (R-TX—see 2002-2004) is illegal. The memo states that the plan violates the Voting Rights Act (VRA—see August 6, 1965, 1970, 1975, April 22, 1980, and June 29, 1989) by illegally diluting African-American and Hispanic voting power in two Congressional districts. The plan also eliminated several other districts that contained substantial minority voting blocs. Texas Republicans knew the plan would likely be found to be discriminatory, the lawyers write in the memo. The memo says that the Texas legislature went ahead with the plan anyway because it would maximize the number of Republicans the state would send to Congress. The memo concludes, “The State of Texas has not met its burden in showing that the proposed Congressional redistricting plan does not have a discriminatory effect.” A concurring opinion written by one of the DOJ lawyers finds: “This result quite plainly indicates a reduction in minority voting strength. The state’s argument that it has increased minority voting strength… simply does not stand up under careful analysis.”
DeLay, Aide Ignored Concerns about Voting Rights Discrimination - One of the senior aides to DeLay, James W. Ellis, is cited in the memo as pushing for the plan despite fears that the DOJ would reject it. According to the memo, Ellis and other DeLay aides forced the adoption of the plan over two other versions adopted by the Texas Legislature that would not have raised as many concerns about voting rights discrimination. The memo quotes Ellis in an October 2003 memo writing: “We need our map, which has been researched and vetted for months. The pre-clearance and political risks are the delegation’s and we are willing to assume those risks, but only with our map.” Later testimony will show that DeLay and Ellis forced last-minute changes in the map; DeLay attended many of the meetings that produced the map, and Ellis worked through the state’s lieutenant governor and a state senator to shepherd the changes that he and DeLay desired. The final changes were not necessary, the memo finds, except to advance partisan political goals.
Findings Overruled - Regardless of the findings, the lawyers and analysts’ judgment is overruled by senior officials at the DOJ, all appointed by the Bush administration. The DOJ’s civil rights division will affirm the plan as legal and valid. The memo is kept secret for almost two years, and the lawyers and analysts involved in the case, including the authors of the memo, are bound to silence under an unusual gag rule. The DOJ is under no legal burden to accept the findings of the memo, but historically, such findings are given great weight in DOJ rulings. Former Justice Department lawyer Mark Posner later says that it is “highly unusual” for the DOJ to overrule a unanimous finding such as this one: “In this kind of situation, where everybody agrees at least on the staff level… that is a very, very strong case. The fact that everybody agreed that there were reductions in minority voting strength, and that they were significant, raises a lot of questions as to why it was” approved. [US Department of Justice, 12/12/2003 ; Washington Post, 12/2/2005] In December 2005, the Washington Post will reveal the existence of the memo (see December 2, 2005). Days after the Post article, Posner will write an article for the prestigious legal Web site FindLaw that will opine that the DOJ memo was ignored for partisan political reasons, and not because of honest differences of opinion between legal experts (see December 5, 2005).
The terms of all Haitian legislators elected in 2000 expire. The Democratic Convergence refuses to allow new congressional elections, so Haiti at this time no longer has a legislature. [Turck, 2/24/2004]
Peter Lewis of Progressive Insurance. [Source: Forbes]Billionaire George Soros, a frequent contributor to Democratic and liberal causes, gives $23.7 million to a number of “527s,” politically active groups that operate independently of particular campaigns or candidates (see 2000 - 2005, March 2000 and After, and June 30, 2000). Peter Lewis, the CEO of Progressive Insurance, gives almost that much, with donations totaling $23.247 million. Their donations include:
$16 million (Lewis) and $12,050,000 (Soros) to the Joint Victory Campaign 2004, an “umbrella” fundraising entity that distributes funds to two other major groups, America Coming Together (ACT) and The Media Fund.
$7,500,000 (Soros) and $2,995,000 (Lewis) to America Coming Together.
$2,500,000 (Soros) and $2,500,000 (Lewis) to MoveOn.org.
$650,000 (Lewis) and $325,000 (Soros) to the Young Democrats of America.
$485,000 (Lewis) to the Marijuana Policy Project.
$325,000 (Soros) to Democrats 2000.
$300,000 (Soros) to the Real Economy Group.
$300,000 (Soros) to the Campaign for America’s Future.
$250,000 (Soros) and $250,000 (Lewis) to Democracy for America.
$250,000 (Soros) to Safer Together 04.
$117,220 (Lewis) to Stonewall Democrats United.
$100,000 (Lewis) to the Gay and Lesbian Victory Fund.
$100,000 (Lewis) to the Sierra Club.
$50,000 (Lewis) to PunkVoter.Inc. [Center for Responsive Politics, 2012; Discover the Secrets, 2012; Center for Responsive Politics, 6/11/2012; Center for Responsive Politics, 6/11/2012]
Entity Tags: George Soros, America Coming Together, Young Democrats of America, Democrats 2000, Democracy for America, Gay and Lesbian Victory Fund, Campaign for America’s Future, Stonewall Democrats United, The Media Fund, MoveOn (.org), Marijuana Policy Project, Sierra Club, Peter Lewis, Safer Together 04, PunkVoter.Inc., Joint Victory Campaign, Real Economy Group
Timeline Tags: Civil Liberties, 2004 Elections
Kathleen Babineaux Blanco (D-LA) is sworn into office as Louisiana’s first woman governor, replacing Governor Mike Foster (R-LA). [Louisiana, 9/28/2005]
The virulently anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After) issues a press release condemning the presidential candidacy of General Wesley Clark. The church declares: “Gen. Clark opposed fags and dykes in the military BUT when he decided to run for President on the Democratic ticket he groveled like a mangy dog to the FagiNazis running the Democratic Party, and promised to lift the ban on gays in the military. His Christ-rejecting, God-hating Jew blood bubbled to the surface. Yes, like his boss [Senator John] Kerry [the leading Democratic presidential candidate], Clark is a Jew. That these two turds are Jews would not matter except when they ask for supreme political power and spit in the Face of God, pushing for same-sex marriage, threatening to bring down God’s wrath on us as on Sodom then some inquiries are in order. Beware! Jews killed the Lord Jesus, and their own prophets, and have persecuted us; and they please not God, and are contrary to all men; forbidding us to speak to the Gentiles that they might be saved, to fill up their sins always; for the wrath is come upon them to the uttermost. Apostate fags and Jews certains [sic] to bring God’s wrath.” [Anti-Defamation League, 2012]
On March 14, 2004, just three days after the Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004), Spain holds national elections. The opposition Socialist party wins. The Socialists go from 125 seats to 164 in the 350-seat legislature. The ruling Popular Party falls from 183 seats to 148. As a result, Socialist Jose Luis Rodriguez Zapatero replaces Jose Maria Aznar as Spain’s prime minister. Zapatero had pledged to withdraw Spain’s troops from the war in Iraq. In declaring victory, Zapatero again condemns the war in Iraq and reiterates his pledge to withdraw. He keeps his pledge and withdraws all of Spain’s troops over the next couple of months. [Associated Press, 3/15/2004; New Yorker, 7/26/2004]
Victory for Al-Qaeda? - Some will see this as a strategic victory for al-Qaeda. A treatise written by al-Qaeda leader Yusef al-Ayeri in late 2003 suggested the political utility of bombing Spain in order to force them to withdraw their troops from Iraq (see December 2003). For instance, an editor at the conservative Spanish newspaper ABC will later say, “I doubt whether anyone can seriously suggest that Spain has not acted in a way that suggests appeasement.”
Angry Voters - But Spanish voters may not have voted out of fear of being attacked again because of its Iraq commitment so much as anger at the ruling party for attempting to hide evidence linking the bombing to al-Qaeda and falsely blaming Basque separatists instead (see Evening, March 11, 2004, March 12, 2004, 4:00 p.m., March 13, 2004). [New Yorker, 7/26/2004] For instance, the Guardian will report, “The spectacular gains made by [the Socialist party] were in large part a result of the government’s clumsy attempts at media manipulation following the Madrid bombs on Thursday.… The party had just three days to avoid the charge that it had attracted the bombers by supporting a war that was opposed by 90% of Spaniards.… There would have been a double bonus for the [Popular Party] if they could have successfully deflected the blame onto the Basque terrorist group, ETA. A central plank of the government’s election platform had been that [the Socialists] are ‘soft’ on Basque terrorism.” [Guardian, 3/15/2004]
The White House responds aggressively to comments made the previous day by former counterterrorism “tsar” Richard Clarke (see March 24, 2004), who accused the Bush administration of doing little about terrorism prior to 9/11 (see March 21, 2004). Author Philip Shenon will characterize the situation at the White House following the comments as a “near panic” and “genuine alarm,” because Clarke’s allegations are “a direct threat to [President] Bush’s reelection hopes.”
Rice Leads Response - White House chief of staff Andy Card will say that the most upset person is Clarke’s former boss Condoleezza Rice, who takes the lead in responding. She appears on several television shows, claiming—in what Shenon calls a “remarkably angry tone”—on 60 Minutes: “Dick Clarke just does not know what he’s talking about.… Richard Clarke had plenty of opportunities to tell us in the administration that he thought the war on terrorism was moving in the wrong direction, and he chose not to.” Vice President Dick Cheney says that Clarke has a “grudge” against the administration because he did not get a position at the Department of Homeland Security that he wanted, adding that Clarke “wasn’t in the loop, frankly” and “clearly missed a lot of what was going on.” Shenon will comment, “Cheney’s remarks had unintentionally proved exactly what Clarke was saying—that his authority was so diminished in the Bush administration that he had no ability to reach the decision makers in the White house when threats emerged.” [Shenon, 2008, pp. 277-279]
Having It Both Ways? - “You can’t have it both ways,” adds retired General Wesley Clark, the former commander of NATO forces in Bosnia. He was “either the counterterrorism czar and was responsible and knew what was going on, or the administration gave him a title and didn’t put any emphasis on terrorism and that’s why he wasn’t in the loop.” [Rich, 2006, pp. 114-119]
Surrogate Smears - Surrogates try dirty tactics, for example conservative columnist Robert Novak suggests that Clarke is motivated by racial prejudice against Rice, a “powerful African-American woman,” and conservative commentator Laura Ingraham asks why “this single man” is such a “drama queen.” Although Clarke anticipated attacks, he is surprised at their ferocity. [Shenon, 2008, pp. 277-279] Former White House communications director Karen Hughes interrupts her book tour to criticize Clarke for supposedly promoting his own book, Against All Enemies. Right-wing bloggers, perhaps given direction by White House officials, begin swapping lascivious and baseless rumors about Clarke’s sexual orientation. [Rich, 2006, pp. 114-119] The Washington Times accuses Clarke of being “a political chameleon who is starved for attention after years of toiling anonymously in government bureaucracies.” Neoconservative columnist Charles Krauthammer calls Clarke “a partisan perjurer.” At the extreme edge of the attack is conservative author Ann Coulter, who with no evidence whatsoever, accuses Clarke of racism: she portrays him as thinking of Condoleezza Rice, “[T]he black chick is a dummy” whom Bush promoted from “cleaning the Old Executive Office Building at night.” [Salon, 3/29/2004] Senator John McCain (R-AZ) calls the attacks “the most vigorous offensive I’ve ever seen from the administration on any issue.” [Washington Post, 3/28/2004]
Clarke's Counters - Republican leaders also threaten to release testimony Clarke gave in 2002, and Clarke says he welcomes the release. The testimony remains classified. [Associated Press, 3/26/2004; Associated Press, 3/28/2004] Clarke calls on Rice to release all e-mail communications between the two of them before 9/11; these are not released either. [Guardian, 3/29/2004] Despite the attacks, Clarke’s partners in a consulting business stick with him, as does ABC News, which recently hired him as a terrorism consultant. [Shenon, 2008, pp. 277-279]
Mishandled Response? - According to Reuters, a number of political experts conclude, “The White House may have mishandled accusations leveled by… Clarke by attacking his credibility, keeping the controversy firmly in the headlines into a second week.” [Reuters, 3/29/2004]
No Evidence of Contradiction - However, a review of declassified citations from Clarke’s 2002 testimony provides no evidence of contradiction, and White House officials familiar with the testimony agree that any differences are matters of emphasis, not fact. [Washington Post, 4/4/2004]
Entity Tags: Robert Novak, John McCain, Karen Hughes, Philip Shenon, Condoleezza Rice, Charles Krauthammer, Laura Ingraham, Andrew Card, Ann Coulter, Wesley Clark, Richard (“Dick”) Cheney, Richard A. Clarke, Washington Times
Timeline Tags: Complete 911 Timeline
In Haiti, the Lavalas party holds a conference and agrees not to select a member for the provisional electoral council, citing widespread human rights violations against its members. The party agrees that it will not select a representative until interim Prime Minister Gerard Latortue signs an agreement stating that his government will protect Lavalas members, halt illegal arrests and disarm paramilitary rebels and thugs. “After the brutal interruption of the democratic process in Haiti, the Lavalas Family party cannot name a representative under such conditions,” Jonas Petit, a spokesman for Lavalas explains. “We won’t do so until the government puts an end to the killing, persecutions, illegal arrests, and destruction of personal property of our members and supporters.” Latortue, though saying he agrees in principle to the request, says he will not sign any agreement until Lavalas has selected a representative for the council. [Reuters, 5/3/2004; Associated Press, 5/4/2004; Z Magazine, 5/5/2004]
In Haiti, a panel of judges swears in the new eight-member provisional electoral council. A ninth seat, meant for the Lavalas party, is left vacant because the party has so far refused to appoint a representative, citing widespread violence against its members (see Late April 2004). [Associated Press, 5/4/2004]
The lobbying organization Citizens United (CU) runs a television advertisement featuring the father of a firefighter killed in the aftermath of the 9/11 attacks. The father, Jimmy Boyle, says in the ad: “On September 11, terrorists murdered nearly 3,000 Americans, including 346 firefighters, one of which was my son, Michael. I lost my son. I spoke to him that day. He went to work that morning, and he had died for a reason: because somebody hates America. And that day, George Bush became a leader, a war president.” CU is spending $100,000 to run the ad for a week in Ohio, Pennsylvania, West Virginia, Wisconsin, and Washington, DC. CU is led by Republican political operative David Bossie (see May 1998). [Washington Post, 5/11/2004; Media Matters, 5/11/2004]
Philip Zelikow, the executive director of the 9/11 Commission, finally accepts the fact that he cannot successfully spin or browbeat the commission staff into reporting links between Iraq and al-Qaeda as factual (see July 12, 2004). His most recent efforts to rewrite a report claiming such links was thwarted by angry commission staffers (see January 2004), and for months he has dodged charges that he is a White House “plant,” there to ensure the commission makes the kind of conclusions that Bush officials want it to make. Now, he finally admits that there is no evidence to support the claim of a connection between Iraq and al-Qaeda, although there was some minor contact. Author Philip Shenon will later write: “The intelligence showed that when bin Laden wanted to do business with Iraq, Iraq did not want to do business with al-Qaeda…. Saddam Hussein saw [Osama] bin Laden… as a threat to his own very brutal and very secular rule in Iraq.” The widely reported story about 9/11 hijacker Mohamed Atta meeting an Iraqi spy in Prague (see April 8, 2001 and September 14, 2001) has been examined and re-examined, and found to be unsupported (see December 2001). Zelikow is forced to admit the reality of the situation. Shenon will write: “Even if he wanted to, there was little Zelikow could do to rescue the administration now…. If Zelikow tried to tamper with the report now, he knew he risked a public insurrection by the staff, with only a month before the commission’s final report was due.” Bush officials are horrified at the prospect of the commission reporting flatly that there are no verifiable links of any kind between al-Qaeda and Iraq. Since the failure of the US to find WMDs in Iraq, the Bush administration has shifted its rationale for invading that nation—now it was a punitive measure against one of the backers of the 9/11 attacks, and senior Bush officials, most notably Vice President Cheney, have been advocating that point for over a year. [Shenon, 2008, pp. 381-385]
Entity Tags: Philip Shenon, 9/11 Commission, Al-Qaeda, Bush administration (43), John Kerry, Osama bin Laden, Saddam Hussein, Richard (“Dick”) Cheney, Philip Zelikow
Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, 9/11 Timeline
The conservative lobbying and advocacy group Citizens United (CU) attempts to rebut a 60 Minutes appearance by former President Bill Clinton by buying television time to accuse Clinton of leaving the US unprepared for the 9/11 attacks. Clinton appears on the CBS newsmagazine to discuss his upcoming autobiography, My Life. In the book, Clinton says that CU president David Bossie (see May 1998) helped to create the Whitewater scandal that plagued his second presidential term and led to his impeachment by the Republican-led House of Representatives. Bossie has published a book, Intelligence Failure, blaming the Clinton administration for leaving the country vulnerable to the 9/11 attacks. Bossie recently told an interviewer that he has been working on “uncovering the truth” about the Clinton administration for a decade. “I am going to make sure people remember the facts, not just what he wants people to remember,” he said. Bossie’s organization runs a commercial in several markets listing a number of terrorist attacks during Clinton’s two terms, and accusing Clinton of leaving the nation unprepared for the 9/11 assault. The CU refutation is just one of a number of conservative attacks on Clinton over his book, possibly because Clinton shows signs of being willing to join Democratic presidential candidate John Kerry (D-MA) on the campaign trail. A number of conservatives are advising the Kerry campaign to keep its distance from Clinton. [New York Times, 6/21/2004]
David Bossie (see May 1998), the head of the conservative lobbying group Citizens United (CU), accuses liberal filmmaker Michael Moore of improper involvement in the presidential campaign of Senator John Kerry (D-MA). Moore and the production company Lions Gate have released a new documentary, Fahrenheit 9/11, that is highly critical of the Bush administration (see June 25, 2004). Bossie says the film’s commercials, airing on network and cable television, are little more than campaign commercials devised to attack President Bush and assist Kerry. One commercial shows Bush on the golf course, talking about terrorism. In the clip, Bush tells a group of reporters, “We must stop these terrorist killers,” then turns his back, hefts his golf club, and says, “Now watch this drive.” The New York Times writes that “[t]he scene is one of many featured in the film that paint the president as cavalier, cynical, and insincere in the war against terrorism.” Republicans have for the most part ignored the film until recently, when ads for the film began drawing what they consider unwarranted attention. Bossie says: “There’s only a very small percentage of Americans that are going to go and see this movie. A much larger number are going to be bombarded by these political ads run by Michael Moore, potentially all the way through the election.” CU has run ads supportive of Bush (see (May 11, 2004)). Bossie has filed a complaint with the Federal Election Commission (FEC) asking that agency to classify the film’s ads as political, and restrict their broadcast according to campaign finance law (see March 27, 2002 and December 10, 2003). The law says that if found to be political, the ads must not be aired within 30 days of the start of the Republican National Convention on August 30. Legal experts say the FEC is unlikely to rule on the complaint for months, and even if the agency finds the ads to be political, the film could qualify for an exemption from the restrictions for news and commentary. Tom Ortenberg of Lions Gate says, “If we are still running television ads [by July 30], we will make certain that they are in full compliance with any and all regulations.” If they must remove Bush from the ads to remain in compliance, Ortenberg says “we can market this film without him.” Ortenberg denies that the ads have any political agenda. [New York Times, 6/27/2004] After Lions Gate agrees not to show ads for the film after July 30, the FEC will dismiss the complaint (see August 6, 2004).
Wisconsin Right to Life logo. [Source: Dane101 (.com)]After the passage of the Bipartisan Campaign Reform Act of 2002 (BCRA—see March 27, 2002), also known as the McCain-Feingold law after its original sponsors, and the 2003 McConnell Supreme Court decision that upheld the law (see December 10, 2003), corporations and labor unions are prohibited from airing ads that attack candidates but avoid specific language that turns the ads from general commercials into “campaign” ads within 30 days of a primary election or 60 days of a federal election. Wisconsin Right to Life (WRTL) comes to anti-abortion and anti-campaign finance lawyer James Bopp Jr. (see November 1980 and After) with a dilemma. The WRTL wants to run ads attacking Senator Russ Feingold (D-WI), a powerful advocate of abortion rights, for his record of opposing President Bush’s judicial nominees. It intends to use the ads as campaign attack ads against Feingold, but skirt the BCRA’s restrictions by not specifically discouraging votes for him, thereby giving the appearance of “issue” ads and thusly not running afoul of the BCRA. Bopp is worried that the McConnell decision, just rendered, would make the Court reluctant to reverse itself so quickly. Bopp knows that the McConnell decision was in response to a broad challenge to the BCRA that argued the law was unconstitutional in all circumstances. Bopp decides to challenge the BCRA on behalf of the WRTL on narrower grounds—to argue that the specific application of the BCRA in this instance would violate the group’s First Amendment rights. He decides not to file a complaint with the Federal Election Commission (FEC) because of that agency’s notoriously slow response time, but instead files a preemptive challenge in court objecting to the BCRA’s ban on “issue advertisements” in the weeks before elections. Bopp is encouraged by the prospects of a court challenge that may wend its way to the Supreme Court, as the “swing” vote in McConnell was Justice Sandra Day O’Connor, who has been succeeded by the more conservative Samuel Alito (see October 31, 2005 - February 1, 2006). [New Yorker, 5/21/2012] Bopp will prove to be correct, as the Supreme Court will find in WRTL’s favor (see June 25, 2007).
Entity Tags: Russell D. Feingold, Federal Election Commission, Bipartisan Campaign Reform Act of 2002, George W. Bush, Samuel Alito, James Bopp, Jr, Wisconsin Right to Life, US Supreme Court, Sandra Day O’Connor
Timeline Tags: Civil Liberties, 2004 Elections
In November 2002, as the 9/11 Congressional Inquiry was finishing its investigation, it had formally asked for a report by the Justice Department (which oversees the FBI) to determine “whether and to what extent personnel at all levels should be held accountable” for the failure to stop the 9/11 attacks. An identical request was made to the CIA (see June-November 2004). [New York Times, 9/14/2004] The Justice Department report, titled “A Review of the FBI’s Handling of Intelligence Information Related to the September 11 Attacks,” is completed this month. [Washington Post, 4/30/2005] It centers on three FBI failures before 9/11: the failure to follow up on the arrest of Zacarias Moussaoui in August 2001 (see August 16, 2001), the failure to follow up on FBI agent Ken Williams’ memo (see July 10, 2001) warning about Islamic militants training in US flight schools, and the FBI’s failure to follow up on many leads to hijackers Nawaf Alhazmi and Khalid Almihdhar. The report provides some new details about miscommunications, inaction, and other problems. [New York Times, 9/14/2004] The report remains classified. Senior Senate Judiciary Committee members Patrick Leahy (D-VT) and Charles Grassley (R-IA) call for its release. The senators state, “While the needs of national security must be weighed seriously, we fear the designation of information as classified, in some cases, serves to protect the executive branch against embarrassing revelations and full accountability. We hope that is not the case here.” [Washington Times, 7/12/2004; New York Times, 9/14/2004] One problem complicating the issuing of even a declassified version is the possibility that the material would taint the criminal proceedings against Zacarias Moussaoui. In early 2005, the Justice Department inspector general’s office will ask the judge presiding over Moussaoui’s case for permission to release a declassified version of the report. But the judge will turn down the request in April 2005, even after Moussaoui pleads guilty (see April 30, 2005). The report will finally be released in June 2005 without the section on Moussaoui (see June 9, 2005). [New York Times, 2/13/2005]
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]
Russell Train, a former EPA administrator who served under presidents Richard Nixon and Gerald Ford, says during a news conference, organized by Environment2004, that he intends to vote for Democrat John Kerry because he believes the Bush administration’s record on the environment has been “appalling.” “It’s almost as if the motto of the administration in power today in Washington is not environmental protection, but polluter protection,” says Train, who is a Republican. “I find this deeply disturbing.” [Associated Press, 7/20/2004]
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]
The Republican National Committee (RNC) requires supporters to sign a “loyalty oath” to President Bush before distributing tickets to a rally in Albuquerque, New Mexico, featuring Vice President Dick Cheney. The rally takes place on July 31. Anyone who is not a verifiable Republican contributor or volunteer must sign the following oath before receiving their tickets: “I, [full name]… do herby (sic) endorse George W. Bush for reelection of the United States.” The form warns that signers “are consenting to use and release of your name by Bush-Cheney as an endorser of President Bush.” The RNC says the “loyalty oaths” are designed to keep “hecklers” out of the rally, and a local official says a “Democrat operative group” was trying to infiltrate the limited-seating event. The Washington Post later reports that the local GOP refused to give tickets to even uncommitted voters who wanted to hear Cheney speak. The presidential campaign of John Kerry (D-MA) has long charged that the Bush campaign routinely screens attendees of Bush’s speeches. A spokesman for the Kerry campaign says Democrats would not impose any sort of loyalty requirements on people attending their nominees’ speeches. The Post notes that at a recent Kerry appearance in New Mexico, a group of young men in the crowd began chanting “Viva Bush!” during Kerry’s speech. [Washington Post, 8/1/2004]
Representative Heather Wilson (R-NM) writes a letter to US Attorney David Iglesias complaining about what she considers to be evidence of possible voter fraud in her district. She reports that an unusually large number of mailings from her office to newly registered voters are being returned as undeliverable. She asks Iglesias to “investigate whether these voter registrations were lawful and whether any organizations or groups are intentionally causing false voter registration forms to be filed with the county clerk.” Iglesias will not respond to Wilson’s letter until October 29, 2004, just days before the November elections, and will inform Wilson that he is referring her complaint to the FBI “for their review and possible action. The FBI will determine whether a federal investigation may be warranted.” Wilson will forward Iglesias’s response to her chief of staff with the handwritten comment: “What a waste of time. Nobody home at US Attorney’s Office.” Wilson will later state that she faults Iglesias for not pursuing her complaint in a timely manner. It is unclear whether she is aware of Iglesias’s Election Fraud Task Force, formed in September 2004 (see September 7 - October 6, 2004). The FBI will find that the undeliverable mailings referred to in Wilson’s complaints were returned because of incomplete addresses on voter registration cards (i.e. apartment numbers left out), errors by Wilson’s office in addressing the envelopes, or because the people mailings were sent to, usually college students, had since moved. The FBI will recommend, and the task force will concur, that no further investigation of Wilson’s complaints is warranted. [US Department of Justice, Office of the Inspector General, 9/29/2008] Wilson’s letter is spurred by New Mexico Republicans’ efforts to block ACORN (the Association of Community Organizations for Reform Now) from registering new voters in largely Hispanic and poor areas. The effort is being led by Matt Henderson, an Albuquerque resident and ACORN head organizer; under Henderson’s leadership, ACORN is registering thousands of new voters, whom Republicans in New Mexico and Washington, DC, correctly fear will vote largely Democratic. ACORN and other groups are battling Republican efforts to institute strict voter ID laws, which critics say will hinder poor, minority, and elderly voters from participating in elections. In 2000, the state had gone for Democrat Al Gore by a vanishingly small margin of 366 votes; both parties believe that the 2004 presidential election will be equally close. By August 2004, ACORN and other groups have signed up some 65,000 new voters in Bernalillo County, which encompasses Albuquerque. Sheriff Darren White is the person who allegedly found voter registration errors in some 3,000 forms filed with the Bernalillo County clerk, including forms lacking Social Security numbers, complete addresses, and the like. White, the chairman of the New Mexico Bush-Cheney re-election campaign, who proudly admits to being made chair in order to deliver Bernalillo County for Bush-Cheney, calls those errors evidence of massive and systematic voter fraud. He has already written to Iglesias, on August 5, asking that Iglesias investigate the “suspect” registration forms. Wilson’s letter to Iglesias comes less than two weeks after White’s letter. [Atlas, 2010, pp. 213]
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]
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]
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).
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]
ACORN (the Association of Community Organizations for Reform Now) launches a campaign to register thousands of new voters in Florida, using a referendum that would raise the state’s minimum wage as a method to drum up support. One study shows that the referendum, if enacted, would raise salaries among the working poor by $443 million. A coalition driven by ACORN registers some 210,000 new voters, mostly in urban areas, before Election Day. Opponents of the referendum—mostly business leaders and Florida Republicans—fight back by mounting an ad campaign comparing the effect of the raised minimum wage to the devastation wrought by Florida’s recent hurricanes, and labeling it a “job killer.” They also level accusations of voter fraud, accusing the coalition of filing thousands of fraudulent registrations. National and state Democrats are hesitant to embrace the referendum, even though some polls show that as many as 81 percent of Floridians support it. Presidential candidate John Kerry (D-MA) rarely mentions the referendum during his campaign swings through the state. Although Kerry loses Florida and Republicans win a majority of the Congressional elections, the referendum wins in a landslide, garnering 77 percent of the votes cast and winning in every county, including the conservative counties in the Panhandle. In 2010, author John Atlas will write, “Kerry made the fatal mistake of not publicly embracing the minimum wage ballot.” [Atlas, 2010, pp. 112-114]
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]
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]
The US Attorney’s Office (USAO) of New Mexico, headed by David Iglesias (see October 18, 2001), announces the formation of a state and federal task force to address the issue of voter fraud in the state. Iglesias forms the task force in part because of complaints by Republican lawmakers and state party officials about what they term “rampant” voter fraud in the state that is, they say, affecting elections (see August 17, 2004), and as a response to Attorney General John Ashcroft’s stated goal to ramp up voter fraud investigations throughout the nation. “It appears that mischief is afoot and questions are lurking in the shadows,” Iglesias tells local reporters.
'Suspicious' Registration Forms - According to Nancy Scott-Finan of the Justice Department’s Office of Legal Affairs, Iglesias opens the task force after hearing from Bernalillo County Clerk Mary Herrara, a Democrat, who wanted to discuss some 3,000 “suspicious resignations” with him. He has also received a letter from Bernalillo County Sheriff Darren White, a Republican, about “thousands” of “questionable” voter registrations—the same 3,000 “suspect” forms—turned in by voter-outreach groups working primarily on behalf of Democrats. (Iglesias was invited to take part in what New Mexico Republican Party Chairman Allen Weh called “the [New Mexico Republican P]arty’s voter fraud working group” a month ago, but declined. Weh forwarded the invitation to a number of prominent New Mexico Republicans, including Senator Pete Domenici, Representative Heather Wilson—see August 17, 2004—and others. Domenici’s chief of staff Steve Bell called the issue a “critical matter.” Iglesias did not join the group, and no evidence exists that the group was actually formed.) Iglesias wants to avoid the perception of partisanship in his task force, so aside from Republicans on his task force, he asks Secretary of State Rebecca Vigil-Giron (D-NM) to join; she assigns a member of her office to serve in the organization. Officials from the New Mexico Department of Public Safety (the state’s law enforcement agency), the US Veteran’s Administration Inspector General’s Office, the FBI, and the Justice Department’s Public Integrity Section (PIN) also agree to participate. Two days after the announcement, Iglesias announces that a voter fraud hotline for the task force has been activated, and says that all allegations of fraud will be thoroughly investigated. Rumaldo Armijo, Iglesias’s executive assistant, and two other Assistant US Attorneys are assigned to the task force.
New Mexico Republicans Critical of Task Force - However, some New Mexico Republicans complain that the task force’s bipartisanship renders it useless. Mickey Barnett, a powerful state Republican, writes an email to Iglesias informing him that “[m]ost of us think a task force is a joke and unlikely to make any citizen believe our elections and voter registrations are honest.” New Mexico attorney Patrick Rogers, another prominent state Republican, says of the State Department representative that he has “includ[ed] the target on the task force.” White, the co-chair of the Bush-Cheney re-election campaign in New Mexico who will later tell reporters he was brought on by the Bush-Cheney campaign in order to help win Bernalillo County, later says he would have preferred the USAO to investigate and prosecute cases without the involvement of state agencies, and he believed Iglesias’s concerns about bipartisanship to be misguided. Vigil-Giron will also question the task force, saying: “This is just an attempt to let people know that Big Brother is watching. It may well be aimed at trying to keep people away from the polls.” Iglesias meets with the task force members several times before the November 2 elections, and reminds them that Justice Department policy forbids his office from indicting people on voter fraud charges before upcoming elections, in order to avoid the perception that the indictments are being filed to impact the elections.
Almost All Complaints Minor, No Criminal Cases Developed - Almost all of the complaints received by the task force are quite minor—complaints of yard signs being stolen, harassing phone calls, and non-criminal registration issues. These complaints are forwarded to local election officials. Several more serious complaints, including the complaints from Republican lawmakers and state officials, are forwarded to either the FBI or the Department of Public Safety. Iglesias will say that when he began the task force, he thought it would develop cases worth prosecuting, but after months of work, he found that it was unable to develop a single criminal case. The task force will stop meeting after the November elections and will conclude its efforts in January 2005, but will not officially disband until 2006, after the FBI completes the last of its investigations. The Justice Department will recognize Iglesias’s task force as an example to other offices as to how voter fraud investigations should be handled, and Iglesias will give an address to a department-sponsored symposium on voter integrity (see October 2005). [Washington Post, 9/20/2004; US House of Representatives, Committee on the Judiciary, 4/13/2007 ; US Department of Justice, Office of the Inspector General, 9/29/2008; Atlas, 2010, pp. 213-216] On September 30, Senator Jeff Bingaman (D-NM) calls the Justice Department to ask about Iglesias’s task force. He speaks with Assistant Attorney General William Moschella. He says he is concerned about voter intimidation, and says he has heard no allegations of widespread voter fraud. He also says the local FBI told him the task force “was on thin ice,” apparently meaning that it is not finding anything of consequence. [US House of Representatives, Committee on the Judiciary, 4/13/2007 ]
Iglesias Refused 'Show Trials,' Says Reporter - Investigative reporter Greg Palast will say of Iglesias’s voter fraud task force: “That’s where Iglesias drew the line in the sand. He said a press conference is one thing, which he probably shouldn’t have done, but literally handcuffing innocent voters for show trials—and then, of course, then you drop the case later—that is one thing he absolutely was not going to do.” [Democracy Now!, 5/14/2007]
Entity Tags: Jeff Bingaman, William E. Moschella, Heather A. Wilson, David C. Iglesias, Darren White, Allen Weh, US Department of Justice, Greg Palast, Steve Bell, Rebecca Vigil-Giron, Nancy Scott-Finan, Mickey Barnett, Mary Herrara, New Mexico Republican Party, Pietro V. (“Pete”) Domenici, John Ashcroft, Rumaldo Armijo, Patrick Rogers
Timeline Tags: Civil Liberties
The DVD cover for ‘Celsius 41.11.’ [Source: Citizens United]The Federal Election Commission (FEC) refuses to allow the conservative lobbying and advocacy group Citizens United (CU) to advertise on television its upcoming film Celsius 41.11—The Temperature at Which the Brain Begins to Die, a documentary that the group intends as a refutation of the documentary Fahrenheit 9/11 (see June 25, 2004), a film by liberal documentarian Michael Moore that savaged the Bush administration’s handling of the 9/11 attacks. The FEC also refuses to allow CU to pay to run the film on television. The FEC bases its decision on the Bipartisan Campaign Reform Act of 2002 (McCain-Feingold—see March 27, 2002), and its restrictions on nonprofit groups such as CU using unregulated contributions to pay for “electioneering communications” to be shown within 60 days of a federal general election. CU would broadcast the film in late September, less than 60 days before the November 2 elections. CU argued, unsuccessfully, that it is a member of the news media and therefore can use a legal exemption provided for news, commentary, and editorial content. In a 4-0 vote, the FEC rejects the argument, saying that CU intends to buy air time instead of being paid to provide content, and that its primary function is as an advocacy group and not a film production organization. FEC vice chair Ellen L. Weintraub, one of the commission’s three Democrats, says: “You don’t want a situation where people are airing campaign commercials and they are exempt from commission rules because they are considered a media event. The danger is that the exemption swallows the rules.” CU president David Bossie (see May 1998) says he is “clearly disappointed” with the ruling, and adds, “They [the FEC] want to limit free speech, and that’s what this issue is about for us.” The company marketing Fahrenheit 9/11 was not allowed to run advertisements promoting the film within 60 days of the elections, and a CU complaint against that film was dismissed after its distributors promised not to air such advertisements (see August 6, 2004). CU has helped fund the publication of a book by Bossie attacking Democratic presidential candidate John Kerry (D-MA), and has released numerous documentaries attacking the Clinton administration and the United Nations. The current film contains some material attacking Kerry, though that material is not the primary focus of the film. Bossie says the group will attempt to show the film in theaters to paying audiences within a few weeks (see September 27-30, 2004). [New York Times, 9/9/2004; New York Times, 9/30/2004]
Entity Tags: Federal Election Commission, Bush administration (43), Bipartisan Campaign Reform Act of 2002, Citizens United, Clinton administration, John Kerry, Michael Moore, David Bossie, United Nations, Ellen L. Weintraub
Timeline Tags: Civil Liberties, Domestic Propaganda, 2004 Elections
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]
According to an unnamed NASA public affairs officer, between 12 and 15 NASA press releases dealing with the issue of global warming “disappear,” mostly in the weeks ahead of the 2004 elections. Other releases are allegedly “smothered” or “watered down to inconsequence” by NASA headquarters. [Maassarani, 3/27/2007, pp. 35 ]
US Attorney David Iglesias of New Mexico arranges for lawyer Patrick Rogers, a prominent Republican in the state, to meet with an FBI supervisory special agent assigned to work with Iglesias’s voter fraud task force (see September 7 - October 6, 2004).
Citation of 'Fraudulent' Registration - Rogers complains that large number of voter registration forms in the state are fraudulent and must be investigated. He cites the case of 13-year-old Kevin Stout, who received a voter registration card in the mail and apparently completed it. Police soon discovered that the card was the result of a forged voter registration form apparently filled out by Christine Gonzales, a former canvasser for the Association of Community Organizations for Reform Now (ACORN) who was being paid on a per-registration basis; that organization had identified Gonzales three months earlier, fired her, and reported her to the authorities. (Stout’s father is Republican activist Glen Stout, who contacted New Mexico Republicans before contacting law enforcement.) A federal judge refused Republican efforts to change the state registration laws in response to the ACORN issue, and as a result hundreds of presumably Democratic voters registered by ACORN retained their registrations. New Mexico Republicans are furious. Citing the Stout case, state Representative Joe Thompson (R-NM), who was one of the Republicans contacted by Glen Stout, displays Kevin Stout’s registration form to reporters and proclaims, “We have proof” of massive and systematic voter fraud in New Mexico. He announces a lawsuit he and Glen Stout will file against New Mexico’s Democratic Secretary of State, Rebecca Vigil-Giron. Rogers brings the Stout issue to Iglesias’s attention. Rogers’s colleague, lawyer and Republican activist Mickey Barnett, will later say that he and other Republicans hired a private investigator to identify and locate Gonzales, but the private investigator failed to find her.
Republicans Demand More Information on Voters before Elections - Four days later, Rogers tells Iglesias and Rumaldo Armijo, Iglesias’s executive assistant, in an email that because New Mexico Democrats are casting doubt on the validity of his voter-fraud claims, he wants to “dig up all past info” and asks if there is “any easy way to access the public info related to voter fraud from the [US Attorney’s Office] (public) files? Asap? Before Nov 2?” Rogers is referring to the date of the upcoming state and federal elections. (Barnett also sends emails demanding that Iglesias investigate the canvasser, whose identity he does not know.) Iglesias promises to look into Rogers’s request and “let you know what is publicly available.” Iglesias soon finds a case prosecuted in the early 1990s and provides Rogers with the public information about that case.
No Prosecutable Cases; Republicans Outraged - The FBI will later identify and interview Gonzales. Both Iglesias’s office and the Justice Department will find that there is insufficient evidence of criminal behavior in the matter to warrant her prosecution. Iglesias will later say that this case is the strongest one to come out of the entire task force’s proceedings, and even it does not meet the standard for criminal prosecution. New Mexico Republicans are frustrated, having intended to use the Gonzales case to further the Thompson/Stout lawsuit. Barnett complains that Iglesias “appoint[ed] a task force to investigate voter fraud instead of bringing charges against suspects.” Matt Henderson, ACORN’s lead organizer for New Mexico, tells reporters that the lawsuit is “no different from what was going on in the civil rights movement of the 1960s. This is about a set of people trying to stop another set of people from voting.” [US Department of Justice, Office of the Inspector General, 9/29/2008; Atlas, 2010, pp. 214-216]
Allegations Collapse under Scrutiny - Even before Iglesias begins his investigation, the allegations of voter fraud had begun to unravel. Several voters admitted accidentally filling out two registration forms. A large majority of the 3,000 “suspect” forms, upon examination, actually showed legitimate attempts by citizens to register to vote. On September 7, a district judge dismissed the suit against Vigil-Giron. ACORN member Yolanda Pena told the press of attempts to make false claims of voter fraud, and showed the press a copy of Kevin Stout’s registration card—it appeared to have been filled out by a child, not an ACORN worker, and seemed to have been done as a prank and not as an attempt to fraudulently register a young boy. “Instead of taking responsibility for this boy’s prank,” Pena told reporters, “the Republicans used it to try to ram a lawsuit through the courts that would have made it harder for minority voters to vote.… We are delighted that [the Republicans] lost in court. Their dirty tricks are racist and un-American.” Another ACORN representative tells reporters that he cannot understand why Gonzales’s name is on Kevin Stout’s registration form, as he had already fired Gonzales for altering other canvassers’ cards to falsely claim credit for having voters fill them out. Gonzales could not have helped Stout fill out his card or filled it out on his behalf.
Lawsuit in Response - New Mexico Republicans were enraged at the suit’s dismissal and the ACORN press conferences, and attempted to file a criminal suit against Henderson, alleging that he had broken the law by keeping photocopies of submitted registration forms. (In 2000, Henderson and ACORN chapters in New Mexico had indeed kept such photocopies. At the time, that was a legal practice. Since then, the law has been changed and ACORN, like other voter-registration groups, has ceased keeping those forms. Rogers will also insist that Iglesias file felony charges against Gonzales.) New Mexico Republicans will demand that Iglesias aggressively investigate Henderson and ACORN, charging Henderson with “perjury” and “suspect” practices (see September 23 - October 2004). Iglesias will later say of Gonzales, “It appeared that she was just doing it for the money.” [Atlas, 2010, pp. 215-216]
'Gin Up Voter Fraud Publicity' - In 2008, Iglesias will tell reporters that even though he found no evidence of voter fraud, he was ordered by the White House to, the reporters will write, “illegally prosecute baseless cases against innocent citizens, just to gin up voter fraud publicity.” Iglesias will say, “We took over 100 complaints” from New Mexico Republicans. “We investigated for almost two years, I didn’t find one prosecutable voter fraud case in the entire state of New Mexico.” Iglesias will blame his refusal to prosecute those cases for his 2006 firing (see December 7, 2006). “They were looking for politicized—for improperly politicized US Attorneys to file bogus voter fraud cases,” he will say. [Huffington Post, 10/28/2008]
Entity Tags: Joe Thompson, David C. Iglesias, Christine Gonzales, Association of Community Organizations for Reform Now, Glen Stout, Federal Bureau of Investigation, Yolanda Pena, Rumaldo Armijo, Patrick Rogers, US Department of Justice, Matt Henderson, Kevin Stout, Mickey Barnett, Rebecca Vigil-Giron
Timeline Tags: Civil Liberties
New Mexico Republicans hammer US Attorney David Iglesias (see October 18, 2001) with demands to investigate what they perceive to be a blizzard of voter fraud cases. Iglesias has just established an election fraud task force to look into such allegations (see September 7 - October 6, 2004). On September 23, the executive director of the New Mexico Republican Party, Greg Graves, asks Iglesias to investigate the alleged theft of Republican voter registration forms from the office of a voter registration organization. On September 29, prominent New Mexico Republican Patrick Rogers sends an email to Iglesias and over 20 people associated with the New Mexico Republican Party, including staff members for Senator Pete Domenici (R-NM), Representative Heather Wilson (R-NM—see August 17, 2004), and state party chairman Allen Weh. Rogers calls for Republicans on the state and federal levels to use “voter fraud” as what he calls a “wedge issue” to influence the upcoming elections. Rogers writes in part: “I believe the [voter] ID issue should be used (now) at all levels—federal, state legislative races and Heather [Wilson]‘s race.… You are not going to find a better wedge issue.… I’ve got to believe the [voter] ID issue would do Heather more good than another ad talking about how much federal taxpayer money she has put into the (state) education system and social security.… This is the single best wedge issue, ever in NM. We will not have this opportunity again.” Referring to previous complaints he has registered with Iglesias’s office about alleged voter fraud perpetrated by an Association of Community Organizations for Reform Now (ACORN) worker (see September 15-19, 2004), Rogers writes: “Today, we expect to file a new Public Records lawsuit, by 3 Republican legislators, demanding the Bernalillo county clerk locate and produce (before Oct 15) ALL of the registrations signed by the ACORN employee.” On September 24, Weh sends Iglesias and a number of Republican figures an email about voter fraud allegations that says in part: “We are still waiting for US Attorney Iglesisas [sic] to do what his office needs to do to hold people accountable, and have informed him that doing it after the election is too late. I have copied him on this email for his info.” He sends an email to Iglesias that reads in part, “Vote fraud issues are intensifing [sic], and we are looking for you to lead.” On October 21, Graves sends Iglesias a copy of a complaint to the Bernalillo County Clerk asking that the Republican Party be allowed to inspect ACORN voter registration cards allegedly found during a drug raid. Weh continues to send emails to Iglesias about pursuing voter fraud allegations throughout the month of October, reminding him in one email, “The game clock is running!” [US Department of Justice, Office of the Inspector General, 9/29/2008] In 2008, Iglesias will write that he investigated each allegation, and, with the concurrence of the FBI and the Justice Department, found no prosecutable charges. “Being close doesn’t count in prosecutions where the government has to prove its case beyond a reasonable doubt,” he will write. “The facts did not support what the law required.” However, he will write, it is easy for partisan Republicans to conclude that he is unwilling to aggressively pursue voter fraud cases. It is not long, he will write, before he begins hearing “the rumblings of a whispering campaign among Republican operatives giving voice to their discontent.” [Iglesias and Seay, 5/2008, pp. 87] In 2007, investigative reporter Greg Palast will explain how the process worked. He will say that Republican operatives gave Iglesias and his office “110 names. They wanted them, for example, to arrest some guy named, say, roughly, if I remember, like Juan Gonzalez, and say he voted twice, stealing someone’s ID. Well, in New Mexico there may be two guys named Juan Gonzalez. So Iglesias just thought this was absolute junk, absolute junk stuff, and he wouldn’t do it. So it’s all about trying to create a hysteria about fraudulent voting.” [Democracy Now!, 5/14/2007]
The conservative lobbying and advocacy group Citizens United (CU) releases a documentary intended as a refutation of the popular documentary, Fahrenheit 9/11 (see June 25, 2004), a film by liberal documentarian Michael Moore that savaged the Bush administration’s handling of the 9/11 attacks. The CU film is entitled Celsius 41.11—The Temperature at Which the Brain Begins to Die. CU spent six weeks making the film, and is releasing it in small venues around the nation after the Federal Election Commission (FEC) denied the organization permission to broadcast it on television (see September 8, 2004). (In August, the FEC dismissed a complaint against Moore over Fahrenheit 9/11 filed by CU—see August 6, 2004.) The slogan for the movie is “The Truth Behind the Lies of Fahrenheit 9/11!” The movie was written and produced by Lionel Chetwynd, who has written and produced a number of Hollywood feature films and documentaries. Chetwynd, a vocal conservative, produced the September 2003 “docudrama” 9/11: Time of Crisis, which portrayed President Bush as a near-action hero during and after the 9/11 attacks, and took significant liberties with the actual events (see September 7, 2003). Of this film, Chetwynd says: “We could have gone wall to wall with red meat on this, but we purposely didn’t. The cheap shots may be entertaining in Moore’s film, but we wanted to make the intellectual case and go beyond lecturing to the converted.” New York Times reporter John Tierney describes the movie as overtly intellectual, sometimes appearing more as a PowerPoint presentation than a film made to appeal to a wider audience. It features a point-by-point defense of Bush’s actions during the 9/11 attacks, and features “politicians, journalists, and scholars discoursing on the legality of the Florida recount in 2000, the Clinton administration’s record on fighting terrorism, and the theory of American exceptionalism.” There are a few “red meat” moments, Tierney notes, including the juxtaposition of the Twin Towers burning as Moore says in a voiceover, “There is no terrorist threat.” It also includes a few slaps against Democratic presidential candidate John Kerry (D-MA), mostly in the form of a country song where the singer Larry Gatlin sings, “John boy, please tell us which way the wind’s blowing,” a reference to the Bush campaign’s attempt to portray Kerry as a “flip-flopper” who goes back and forth in his views on various issues. The Georgetown premiere of the movie attracts some 300 viewers, almost all Republicans, according to Tierney. The audience, according to Tierney, views the film as more “thoughtful and accurate” than Moore’s film, and unlikely to make anywhere near the profits the earlier film garnered. Chetwynd says he resisted the temptation to launch an all-out assault on Kerry “the way that Moore did with Bush.” Filmgoer Jerome Corsi, who has written a bestselling book attacking Kerry’s Vietnam record, praises the film, as does Debra Burlingame, whose brother was the pilot of the airplane that was flown into the Pentagon on the morning of September 11, 2001 (see 8:51 a.m.-8:54 a.m. September 11, 2001). Burlingame, a founder of a group of 9/11 victim relatives that supports Bush, says: “Michael Moore actually used footage of the Pentagon in flames as a sight gag. It was really hard to sit there in the theater listening to people laugh at that scene knowing my brother was on that plane. I wish more people would see this film instead.” [New York Times, 9/30/2004] In October, the Washington Post’s Philip Kennicott will dismiss the film as “generat[ing] heat but no new light,” calling it “sad in a sad sort of way… dull, lazy, and inconsistent,” and suffused with an “unabashed idolatry of the Great Leader (in this case, George W. Bush)” in the same way that Nazi propagandist Leni Riefenstahl made her documentaries (he wonders, “Has the conservative worldview really been reduced to a slavish worship of authority?”). Kennicott will ask if the film is an attempt to refute Moore’s documentary or an “overlong attack ad on John Kerry,” and concludes that the film is little more than a combination of “dreadful political advertisements and dreadful political talk shows.” [Washington Post, 10/22/2004] TV Guide’s Maitland McDonagh will call the film a “shrill, repetitive screed” obviously released just in time to influence the 2004 presidential election, and bearing “all the hallmarks of having been thrown together in a heated rush.” [TV Guide, 10/2004]
Entity Tags: Jerome Corsi, Debra Burlingame, Clinton administration, Citizens United, Bush administration (43), George W. Bush, Philip Kennicott, Lionel Chetwynd, Federal Election Commission, Larry Gatlin, Leni Riefenstahl, John Tierney (New York Times), Maitland McDonagh, John Kerry, Michael Moore
Timeline Tags: Civil Liberties, Domestic Propaganda, 2004 Elections
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]
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]
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 ]
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]
Hamid Karzai wins the first-ever presidential election with 55 percent of the total vote. Karzai has been the leader of Afghanistan since late 2001 (see December 22, 2001). There were 17 other candidates and the second place candidate finished far behind. Election officials say about eight million of the 10.5 million registered voters cast ballots. Forty-one percent of them were women. The election cost $200 million to hold and was arranged by the United Nations. [CNN, 10/24/2004]
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]
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]
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]
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]
New York Times columnist William Safire accuses the Kerry-Edwards campaign of trying to use homophobia in its attempts to defeat the Bush-Cheney ticket. Safire notes that in a recent debate, vice-presidential candidate John Edwards “smarmily compliment[ed]” Vice President Dick Cheney and his family for their acceptance of their openly gay daughter, Mary Cheney. Though Safire acknowledges that Cheney has referred to his daughter as gay several times before, until Edwards’s comment, “only political junkies knew that a member of the Cheney family serving on the campaign staff was homosexual… the press—respecting family privacy—had properly not made it a big deal.” Safire says Edwards’s remark was planned and orchestrated by the Kerry campaign debate preparation team, and says that Kerry’s recent reference to the Cheneys’ “lesbian” daughter was a deliberate and “sleazy” attempt to foment anti-gay sentiment against the Republican ticket, particularly among Bush supporters. Safire notes that because of the Bush administration’s support for anti-gay legislation, the Kerry campaign has declared Mary Cheney “fair game” for bringing up the administration’s opposition to gay rights. Safire also says that the term “lesbian” is itself an anti-gay slur. [New York Times, 10/18/2004] Safire does not note the repeated denials by the Kerry campaign that any such orchestration took place, or that the campaign intends to do anything besides highlight the Bush presidency’s opposition to gay rights; some of those denials were reported by the Times itself. On October 16, Kerry said of Edwards’s comment: “It was meant as a very constructive comment, in a positive way. I respect their love for their daughter and I respect who she is, as they do.… I think it was a way of saying, ‘Look, she’s who she is.’ I have great respect for her, great respect for them. It was meant constructively in terms of their love and affection for a person who is who she is.” Kerry and his aides have repeatedly denied any such orchestration as Safire alleges. “There were dozens and dozens of hours about how to discuss Social Security, Iraq, and other issues,” says campaign strategist Joe Lockhart. “There was no discussion of this.” [New York Times, 10/16/2004] Knight Ridder has reported that a “senior Kerry adviser, speaking on condition of anonymity because the campaign didn’t want to fan publicity on this topic,” said that Kerry’s mention of Mary Cheney “was not a prepared riff.” Media Matters, a progressive media watchdog organization, notes that contrary to Safire’s assertions, many voters already knew that Mary Cheney was gay long before the debates. A search of a commercial news database shows 432 results for “Cheney” and “gay daughter.” Washington Post media reporter Howard Kurtz has written that the fact of Mary Cheney’s homosexuality is “hardly a state secret.” [Media Matters, 10/18/2004]
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, 2004 Elections
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]
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]
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]
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]
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]
Conservative Washington Post columnist George Will claims that documented voter fraud took place in the 2002 Wisconsin gubernatorial campaign, when a Democratic candidate’s campaign attempted to buy the votes of a group of mentally challenged citizens (see October 22-31, 2002). Will cites a new book, Stealing Elections, by John Fund, as his source. For his part, Fund cites an unsigned Wall Street Journal op-ed as his source in the book. Fund served on the Wall Street Journal editorial staff in 2002, and may well have written the editorial himself. Neither Fund nor Will reveal to their readers that the voter fraud allegations were found baseless (see November 2, 2002). According to Fund’s book as quoted by Will, a local television station “filmed Democratic campaign workers handing out food and small sums of money to residents of a home for the mentally ill in Kenosha, after which the patients were shepherded into a separate room and given absentee ballots.” Fund’s description is almost entirely inaccurate, as documented by local news stories that followed the initial reporting. [Washington Post, 10/24/2004; Media Matters, 10/25/2004]
Bar graph based on Duval County caging list. [Source: RangeVoting (.org)]Investigative reporter Greg Palast claims on a BBC Newsnight broadcast that the Bush presidential re-election campaign has a plan to disrupt voting in Florida during the November 2004 presidential elections. The BBC says it has two emails prepared for the executive director of the Bush campaign in Florida and the campaign’s national research director in Washington that contain a 15-page “caging list” of voters, predominantly African-American and likely Democratic voters, residing in and around Jacksonville, Florida. Voting rights expert Robert F. Kennedy Jr. will later explain “caging” to Palast: “Caging is an illegal way of getting rid of black votes. You get a list of all the black voters. Then you send a letter to their homes. And if the person doesn’t sign it at the homes, the letter then is returned to the Republican National Committee. They then direct the state attorney general, who is friendly to them, who’s Republican, to remove that voter from the list on the alleged basis that that voter does not live in the address that they designated as their address on the voting application form.” A Tallahassee elections supervisor, Ion Sancho, tells a BBC reporter, “The only possible reason why they would keep such a thing is to challenge voters on election day.” He says that under Florida law, operatives from political parties can station themselves inside polling stations and stop voters from obtaining a ballot; such “caged” voters would then have to complete a “provisional” ballot that may well not be counted. Mass challenges of this nature have never occurred in Florida, Sancho says. No challenges have been issued against voters “in the 16 years I’ve been supervisor of elections.” He continues, “Quite frankly, this process can be used to slow down the voting process and cause chaos on election day; and discourage voters from voting.” Sancho says it is “intimidation,” and it may well be illegal. Civil rights attorney Ralph Neas says US federal law bars challenges to voters, even if there is a basis for the challenge, if race is a factor in targeting voters. The “caging list” of Jacksonville-area voters contains a disproportionately large number of black voters. Republican spokespersons deny that the list is illegal, and say it merely records returned mail from either fundraising solicitations or returned letters sent to newly registered voters to verify their addresses for purposes of mailing campaign literature. Republican state campaign spokeswoman Mindy Tucker Fletcher says the list was not compiled “in order to create” a challenge list, but refuses to say it would not be used in that manner. Republican poll watchers will, she says, challenge voters “[w]here it’s stated in the law.” No one in the Florida Republican Party or the Bush campaign will explain why top officials in the Bush campaign have received the caging list. Palast’s colleagues have captured on film a private detective filming every “early voter” in a Jacksonville precinct from behind a vehicle with blacked-out windows; the detective denies knowing who paid for his services. Representative Corinne Brown (D-FL) says the surveillance is part of a Republican-orchestrated campaign to intimidate black voters. [Greg Palast, 10/26/2004; Democracy Now!, 5/14/2007] Palast later writes that many of the black voters affected by the caging list are veterans.
Methodology - He will write: “Here’s how the scheme worked: The RNC mailed these voters letters in envelopes marked, ‘Do not forward,’ to be returned to the sender. These letters were mailed to servicemen and women, some stationed overseas, to their US home addresses. The letters then returned to the Bush-Cheney campaign as ‘undeliverable.’ The lists of soldiers with ‘undeliverable’ letters were transmitted from state headquarters, in this case Florida, to the RNC in Washington. The party could then challenge the voters’ registration and thereby prevent their absentee ballots being counted. One target list was comprised exclusively of voters registered at the Jacksonville, Florida, Naval Air Station. Jacksonville is the third largest naval installation in the US, best known as home of the Blue Angels fighting squadron.” Over one million provisional ballots cast in the 2004 race were never counted. “The extraordinary rise in the number of rejected ballots was the result of the widespread multi-state voter challenge campaign by the Republican Party,” he will write. “The operation, of which the purge of black soldiers was a small part, was the first mass challenge to voting America had seen in two decades.” Palast will say that the BBC had more than the two emails it used for its Newsnight report. He will also identify the sender as Timothy Griffin, the RNC’s national research director, and the recipients as Florida campaign chairman Brett Doster and other Republican leaders. “Attached were spreadsheets marked, ‘Caging.xls.’ Each of these contained several hundred to a few thousand voters and their addresses. A check of the demographics of the addresses on the ‘caging lists,’ as the GOP leaders called them indicated that most were in African-American majority zip codes.” Palast will report that one Republican official, Joseph Agostini, explained that the list may have been of potential Bush campaign donors, a claim that is undermined by the list’s inclusion of a number of residents of a local homeless shelter. Fletcher will later claim that the list contains voters “we mailed to, where the letter came back—bad addresses,” but will not say why the list includes soldiers serving overseas whose addresses would obviously not be correct. Fletcher will insist that it “is not a challenge list.… That’s not what it’s set up to be.” [Greg Palast, 6/16/2006; In These Times, 4/16/2007] US Attorney David Iglesias of New Mexico will later say of the practice: “That’s a terrible practice. If it’s not illegal, it should be. I hope Congress fixes that, that problem. It’s when you send voter information to a group of people that you have reason to believe are no longer there, such as military personnel who are overseas, such as students at historically black colleges. And then, when it comes back as undeliverable, the party uses that information to remove that person from the voter rolls, claiming that they’re no longer there.… It’s a reprehensible practice. I had never heard of the phrase until after I left office.” [Democracy Now!, 6/4/2008]
Griffin Sent Memos to Wrong Email Address - Palast later reveals his source for the caging list spreadsheet to be an error made by Griffin. In August 2004, he sent a series of confidential memos to a number of Republican Party officials via emails. Griffin mistakenly sent the emails to addresses at georgewbush.org and not georgewbush.com, as he should have. The georgewbush.org address is owned by satirist John Wooden, who sent them to Palast at BBC Newsnight. Palast will write: “Griffin’s dozens of emails contained what he called ‘caging lists’—simple Excel spreadsheets with the names and addresses of voters. Sounds innocent enough. But once the addresses were plotted on maps—70,000 names in Florida alone—it became clear that virtually every name was in a minority-majority voting precinct. And most of the lists were made up of itinerant, vulnerable voters: students, the homeless, and, notably, soldiers sent overseas.” [In These Times, 4/16/2007]
GOP: Palast, Sancho Wrong, Biased - Fletcher responds to the BBC story with an email to Newsnight editor Peter Barron claiming that Palast is ignorant of the laws and practices surrounding elections, and calls Sancho “an opinionated Democrat” who does not supervise the area in question. Such “caging lists” are commonly used, she says, and are entirely legal. Palast mischaracterized the nature and use of caging lists, she says. Moreover, the list is composed of returned mailings sent by the Republican National Committee to new registrants in Duval County (which includes Jacksonville) encouraging recipients to vote Republican. “The Duval County list was created to collect the returned mail information from the Republican National Committee mailing and was intended and has been used for no purpose other than that,” she says. Palast erred in “insinuat[ing]” that the list would be used for challenging voters, “and frankly illustrates his willingness to twist information to suit his and others’ political agenda. Reporting of these types of baseless allegations by the news media comes directly from the Democrats’ election playbook.” She then accuses the Association of Community Organizations for Reform Now (ACORN) of “massive fraud efforts” on behalf of “the Kerry campaign and the Democrats.” Many registered voters in Duval County “do not have valid addresses,” she says, implying that such voters may be subject to challenges. She concludes, “In a year when reporters are under heavy scrutiny for showing political leanings toward the Democratic Party, I would think that your new[s] organization would take greater care to understand the facts and use sources that will yield objective information, rather than carry one party’s political agenda.” [BBC, 6/4/2008]
Entity Tags: Association of Community Organizations for Reform Now, Florida Republican Party, Brett Doster, Bush-Cheney re-election campaign 2004, Corrine Brown, David C. Iglesias, Robert F. Kennedy Jr., Greg Palast, Ralph G. Neas, John Wooden, J. Timothy Griffin, Ion Sancho, Republican National Committee, Joseph Agostini, County of Duval (Florida), Peter Barron, Mindy Tucker Fletcher
Timeline Tags: Civil Liberties
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]
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]
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]
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]
CIA officer Rolf Mowatt-Larssen. [Source: Department of Energy]The CIA analyzes bin Laden’s new speech, which was released four days before the US presidential election (see October 29, 2004), and concludes that it improves George Bush’s reelection chances. According to author Ron Suskind, the CIA, which has “spent years… parsing each word of the al-Qaeda leader,” knows that “bin Laden speaks only for strategic reasons—and those reasons are debated with often startling depth inside the organization’s leadership.” The analysts conclude that “bin Laden’s message was clearly designed to assist the president’s reelection.” Deputy Director John McLaughlin says in a meeting analyzing the speech, “Bin Laden certainly did a nice favor today for the president.” CIA deputy associate director Jami Miscik similarly comments, “Certainly, he would want Bush to keep doing what he’s doing for a few more years.” However, the CIA does not discuss why bin Laden wants Bush to stay. Suskind will write, “But an ocean of hard truths before them—such as what did it say about US policies that bin Laden would want Bush reelected—remained untouched.” CIA officer Rolf Mowatt-Larssen will later say: “It was sad. We just sat there. We were dispirited.” Several National Security Council members have already reached the conclusion that bin Laden’s presence on the international stage helps Bush (see October 29, 2004). Both presidential candidates condemn bin Laden. John Kerry says, “As Americans, we are absolutely united in our determination to hunt down and destroy Osama bin Laden.” George Bush says, “Americans will not be intimidated or influenced by an enemy of our country.” [Suskind, 2006, pp. 335-6] Several commentators believe the intervention will help Bush, for example:
Veteran journalist Walter Cronkite says, “I have a feeling that it could tilt the election a bit. In fact, I’m a little inclined to think that Karl Rove, the political manager at the White House, who is a very clever man, he probably set up bin Laden to this thing.” [CNN, 10/29/2004]
Roger Simon of US News and World Report says, “I don’t have any trouble parsing out who this helps. I think this is an enormous boost for George Bush.” [CNN, 10/29/2004]
MSNBC host Chris Matthews says, “The big thing in politics, of course, is picking the right topic… This creates a terrible situation for the challenger, because it seems to me that Karl Rove has his finger on this.” [MSNBC, 10/29/2004]
MSNBC correspondent Andrea Mitchell says, “It makes it harder for Kerry, and it shifts the subject matter back to what George Bush is strongest on. So the Bush people may not say that they are happy about this, but I’m sure that they could not be more pleased that this is the subject of the closing days. How do you say October surprise? This is one that could benefit the president.” [MSNBC, 10/29/2004]
CNBC co-host Lawrence Kudlow says, “It will play into Bush’s hands.… it falls into Bush’s lap. And unlike 2000, I think it’s the kind of thing that will cause the remaining undecided voters in the next 72 hours or so to break for Bush.” [MSNBC, 10/29/2004]
Weekly Standard staff writer Stephen Hayes says, “I think that, as most people have indicated, that is likely to help President Bush.” [MSNBC, 10/29/2004]
Other commentators from across the political spectrum who suggest the speech will help Bush include Fox News correspondent Major Garrett, Boston Herald columnist Mike Barnicle, Time magazine correspondent Karen Tumulty, former plumber G. Gordon Liddy, former presidential candidate Pat Buchanan, MSNBC host Joe Scarborough, the Cook Political Report editor and publisher Charlie Cook, Washington Post journalist Jeffery Birnhaum, and Roll Call executive editor Morton Kondracke. [Fox News, 10/29/2004; Fox News, 10/29/2004; CNN, 10/29/2004; MSNBC, 10/29/2004; MSNBC, 10/29/2004] Some right wing commentators suggest that the tape will help Kerry, including Fox News political commentator Dick Morris, Weekly Standard executive editor Fred Barnes, Washington Times reporter Bill Gertz, Fox News host Sean Hannity, and author Peggy Noonan. [Fox News, 10/29/2004; Fox News, 10/29/2004; Fox News, 10/29/2004; Fox News, 10/29/2004] A Newsweek poll shows that Bush’s lead increases after the tape is released and, after the election, John Kerry, the losing Democratic candidate, will attribute his failure to bin Laden’s intervention: “We were rising in the polls until the last day the tape appeared. We flat-lined the day the tape appeared, and went down on Monday.” [Daily Telegraph, 11/1/2004; MSNBC, 1/30/2005] George Bush will also agree that the tape helped, saying, “I thought it was going to help. I thought it would help remind people that if bin Laden doesn’t want Bush to be the president, something must be right with Bush.” [Reuters, 3/1/2006]
Entity Tags: John Kerry, Lawrence Kudlow, Karen Tumulty, Joseph Scarborough, Michael Barnicle, John E. McLaughlin, Walter Cronkite, Osama bin Laden, Rolf Mowatt-Larssen, Stephen Hayes, Morton Kondrake, Sean Hannity, Patrick Buchanan, Jeff Birnbaum, Peggy Noonan, Jami Miscik, Roger Simon, G. Gordon Liddy, George W. Bush, Bill Gertz, Central Intelligence Agency, Andrea Mitchell, Chris Matthews, Fred Barnes, Dick Morris, Charles Cook
Timeline Tags: Complete 911 Timeline, 2004 Elections
Bin Laden makes his Towers of Lebanon speech. [Source: Al-Jazeera]Four days before the presidential election in the US, Osama bin Laden releases a new video in which he addresses the US people and alludes to his role in 9/11. The tape was handed to an employee at Al Jazeera’s bureau in Islamabad, Pakistan, on the day it was broadcast. [MSNBC, 10/30/2004]
Bin Laden Had Idea of 'Destroying Towers in America' - In his strongest admission yet that he was involved in planning 9/11, bin Laden says, “Allah knows that the plan of striking the towers had not occurred to us, but the idea came to me when things went just too far with the American-Israeli alliance’s oppression and atrocities against our people in Palestine and Lebanon.” After likening the US and Israel to “a crocodile devouring a child,” he continues, “As I looked at those destroyed towers in Lebanon, it occurred to me to punish the oppressor in kind by destroying towers in America, so that it would have a taste of its own medicine and would be prevented from killing our women and children.” He attempts to isolate the US from other Western countries, pointing out that “security is one of the pillars of human life” and that al-Qaeda has not attacked Sweden, for example, because Sweden has not attacked the Middle East. “If the US leaves Muslims alone, they will leave it alone.”
Criticizes Bush's Inaction on 9/11 - Bin Laden is critical of President Bush and his inaction on 9/11, saying: “It did not occur to us that the commander in chief of the American armed forces would leave fifty thousand of his citizens in the two towers to face this great horror on their own, just when they needed him most. It seems that a little girl’s story about a goat and its butting was more important than dealing with airplanes and their butting into skyscrapers.” He comments that the Bush administration favors certain corporations and has mismanaged public funds: “To some analysts and diplomats, it seems as if we and the White House are on the same team shooting at the United States’ own goal, despite our different intentions.” He concludes: “I say unto you in truth that your security lies not in the hands of Kerry, Bush, or al-Qaeda. It lies in your own hands, and whichever state does not encroach on our security thereby ensures its own. Allah is our master; you have none. Peace be upon those who follow true guidance.” [Laden, 2005, pp. 237-244]
Speech Will Benefit Bush - Despite the criticism of Bush in the speech, most commentators think it will actually help Bush get reelected. For example, Time magazine correspondent Karen Tumulty says: “I find it hard to find any way that this helps John Kerry. What we’ve seen over and over and over again is that when terrorism is the topic, and when people are reminded of 9/11, Bush’s numbers go up.” [CNN, 10/29/2004] The CIA also concludes this is what bin Laden intended (see October 29, 2004). And on this evening, an aide brings up the new bin Laden video tape to Bush’s senior adviser Karl Rove, who is with the president in Ohio, campaigning for the election. “This has the feel of something,” Rove says slowly, “that’s not gonna hurt us at all.” [Draper, 2007, pp. 263]
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]
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]
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]
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).
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]
In a New York Times editorial printed one day before the presidential election, columnist William Safire implies that Osama bin Laden is trying to influence the American electorate to vote against President Bush and for his challenger, Democratic candidate John Kerry. Safire writes that bin Laden’s recent message to American voters (see October 29, 2004) proves that “his intercession in our election” has not yet been “as successful as his pre-election panicking of Spain’s voters,” referring to a recent election where Spanish voters repudiated the conservative incumbent and elected a more liberal choice. Safire says bin Laden has echoed themes from Kerry’s campaign, specifically Kerry’s frequent assertions that Bush has not been truthful with the American people, and says the Islamist figure “delight[ed]” in the anti-Bush film Fahrenheit 911. Safire says that bin Laden’s apparent calls for some form of reconciliation or an easing of armed conflict between al-Qaeda and the West is his attempt to persuade Americans that voting for Kerry will bring about peace in the Middle East. “Generals do not call for a truce when they’re winning,” he writes. “Only warriors thrust on the defensive become conciliatory, hoping that negotiations will give them time to regroup and resupply. Bin Laden’s vain hope seems to be that the defeat of Bush will give him time to buy or steal a horrific weapon as an ‘equalizer.’” Safire goes on to accuse UN arms inspector Mohamed ElBaradei of joining with bin Laden in trying to mount an “October surprise” to defeat Bush, and details what he believes is a conspiracy between ElBaradei, the United Nations, and CBS News to publish a story concerning US troops’ failure to secure explosive devices in time to affect the election. He says the New York Times refused to hold the article until October 31, as CBS allegedly desired, and printed the article a week before. Safire writes, “If Kerry wins, the Egyptian [ElBaradei] should be chief UN inspector for life,” and he calls bin Laden’s recent videotaped message “anti-Bush overkill” that will “help ensure the president’s re-election.” [New York Times, 11/1/2004] Contradicting Safire’s assertions, Bruce Hoffman of the RAND Corporation says he “agrees with those who see bin Laden probably preferring the current administration.” The Christian Science Monitor quotes a senior US intelligence official as saying that bin Laden released the videotaped message to help Bush’s re-election chances: “Bin Laden knows us well enough to realize that we will take offense at him, the most reviled man in the world, criticizing our president” (see October 29, 2004 and October 29, 2004). [Christian Science Monitor, 11/1/2004]
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]
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]
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]
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 ]
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]
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:
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]
About twelve machines freeze up and have to be restarted. [Vindicator, 11/3/2004]
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]
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]
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]
For some races machines tabulated negative 25 million votes. [Vindicator, 11/3/2004]
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]
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]
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]
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]
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, 2004 Elections
On the evening of Election Day, Bush political chief Karl Rove appears on Fox News’s Hannity and Colmes to discuss his predictions for the elections and his observations on the day’s voting. After predicting comfortable margins of victory for President Bush, co-host Sean Hannity turns to allegations of voter fraud and efforts by Republicans to monitor votes in Ohio and other states. In Ohio, Rove says, Republicans have poll watchers on hand “in order to challenge people who are fictitious voters or felons, ineligible to vote, or people who have registered multiple times.… And we know particularly in Ohio, but in a lot of the other key battleground states, there has been a lot of voter registration fraud. We don’t want that to turn into voter fraud on Election Day.” He cites the NAACP as an organization engaging in voter fraud, and says one NAACP vote registrar registered 100 illegitimate names and was paid for his work in crack cocaine. Rove gives no evidence for this sensational claim. Hannity cites unverified stories of felons illegally voting in Florida, and Rove adds an unverified story of workers for the Association of Community Organizations for Reform Now (ACORN) bringing a sheaf of absentee ballots out of a prison in Pennsylvania and “attempting to vote them.” Absentee ballots have to be mailed personally in Pennsylvania and, Rove says, the actions by the ACORN workers to put the prisoners’ ballots into the mail were illegal. [Fox News, 11/2/2004] It is unknown where Rove obtained his information. No news reports of these incidents can be found.
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]
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]
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]
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]
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]
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 ] 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]
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]
Bob Jones University logo. [Source: Christian College Guide]Bob Jones III, the evangelical conservative president of Bob Jones University in Greenville, South Carolina, pens a letter to the newly re-elected President Bush praising Bush’s election victory and advocating a more muscular, overtly religious second term. Bob Jones University is known for its ban on interracial dating (since dropped), its ban on dancing, modern music and uncensored Internet access, and its belief that the Pope is the Antichrist. Jones himself is known for denouncing former President Reagan as “a traitor to God’s people” for the sin of choosing as his vice president the current president’s father, George H. W. Bush, whom Jones called “a devil,” and making such statements as “A Negro is best when he serves at the table.” Jones releases the letter on the university Web site and reads it aloud to students during the morning worship service. “In your re-election,” Jones writes, “God has graciously granted America—though she doesn’t deserve it—a reprieve from the agenda of paganism. You have been given a mandate. We the people expect your… voice to be like the clear and certain sound of a trumpet. Because you seek the Lord daily, we who know the Lord will follow that kind of voice eagerly. Don’t equivocate. Put your agenda on the front burner and let it boil. You owe the liberals nothing. They despise you because they despise your Christ. Honor the Lord and He will honor you.” [Washington Post, 5/4/2005; Unger, 2007, pp. 323]
Newly re-elected President Bush says in his first post-election press conference: “Let me put it to you this way. I earned capital in the campaign, political capital, and now I intend to spend it.… I’m going to spend it for what I told the people I’d spend it on, which is—you’ve heard the agenda: Social Security and tax reform, moving this economy forward, education, fighting and winning the war on terror.… The people made it clear what they wanted.” [White House, 11/4/2004; New York Times, 11/5/2004; Unger, 2007, pp. 323]
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]
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]
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]
US News and World Report senior writer Michael Barone accuses Democratic pollster Anna Greenberg of “blood libel on the American people” in response to Greenberg’s claim that the 1988 Bush campaign ads featuring convicted murderer Willie Horton were examples of “racial politics” (see September 21 - October 4, 1988). The progressive media watchdog organization Media Matters will note that the phrase “blood libel” specifically denotes accusations that a particular group, often Jews, practices human sacrifice, and cites one famous (and entirely false) allegation that “Jews kill Christian and Muslim children and use their blood to make Passover matzohs.” Barone and Greenberg are panelists on the evening’s edition of The Kalb Report, a panel discussion on C-SPAN hosted by journalist and author Marvin Kalb. The topic of the current discussion is “A Post-Election Analysis: Values, Religion, Politics, and the Media.” Greenberg calls the Horton ads examples of “racial politics in the 1980s,” to which Barone says in response: “I think this whole Willie Horton thing is a slur on the American people. The argument has been made by Democrats and liberals that the Bush campaign in ‘88 supposedly showed pictures of this man. It did not. There was an independent expenditure ad that did. But they did not. They showed white prisoners in the ad. And the argument against [1988 Democratic presidential candidate] Michael Dukakis, which he never effectively countered because there is no effective counter, is that giving furlough to people who have life without parole is a position that Dukakis defended over 11 years as governor of Massachusetts or governor candidate, is a crazy law, and he supported it over 11 years. You don’t have to be a racist to want a murderer, whatever his race, to stay in jail and not be allowed outside on the weekend. To say that the American people were racist and they just want black people in, is blood libel on the American people.” Barone is incorrect in saying that Horton’s picture was never used in the ads (it was not used in official Bush campaign ads, but it was used in ads by purportedly “independent” organizations supporting the Bush candidacy), and he fails to note that while Dukakis indeed supported the Massachusetts furlough law that allowed Horton the freedom to commit felonies even after being sent to jail for murder, he did not enact the law. Media Matters will note that the Horton ads have long been accepted as strong examples of racial politics, including a 1995 statement from Secretary of State Colin Powell who called the ads “racist.” [Media Matters, 11/17/2004]
Citizens for a Sound Economy (CSE), an “astroturf” advocacy organization funded by the Koch brothers (see 1984 and After), is accused of breaking campaign laws to support the Bush re-election campaign. Oregon’s CSE branch had attempted to get consumer advocate Ralph Nader on the presidential ballot, in an attempt to dilute Democratic support for presidential candidate John Kerry (D-MA). Critics argue that it is illegal for a tax-exempt organization such as CSE to donate its services for partisan purposes. The Federal Election Commission (FEC) dismisses a complaint brought against the organization. [New Yorker, 8/30/2010]
Harold Ickes. [Source: Politico]After the loss of presidential contender John Kerry (D-MA), Democratic media consultant Harold Ickes and a team of media and technology consultants begin building what becomes known as “Catalyst,” a database on some 200 million Americans containing information about their voting intentions, stances on issues, relative income levels, family structures, and the times they could best be contacted via telephone or “cold call” visits. Catalyst, created at a cost of some $15 million, is based on a model called VoterVault that the George W. Bush campaign had used in 2000 and again in 2004. It is a for-profit business and putatively independent of party alliance, though it will be used to great effect by the 2008 presidential campaign of Senator Barack Obama (D-IL). It will remain independent because if it is owned by a political party, it is subject to campaign laws. Just as VoterVault was putatively independent but worked exclusively with the Bush campaigns and the Republican Party, Catalyst works exclusively with Democratic campaigns. Catalyst depends entirely on publicly and commercially available voter information, and has no means of user interaction. [The Kernel, 12/19/2011]
US Attorney John McKay of the Western District of Washington State (see October 24, 2001) is told by Tom McCabe of the Building Industry Association of Washington (BIAW) that the recounts in the disputed gubernatorial race for Washington State between Christine Gregoire (D-WA) and Dino Rossi (R-WA—see November 2-30, 2004) revealed forged signatures on provisional ballots. McKay informs Craig Donsanto, the head of the election crimes branch of the criminal division’s public integrity section in the Justice Department, and asks Donsanto if his office can open a federal investigation if the allegations only involve a state election. Donsanto advises McKay to take no action until election authorities certify the winner and any court cases stemming from the election have run their course. McKay disagrees with Donsanto’s advice, and directs the FBI to open a preliminary inquiry into the allegations. FBI agents interview McCabe, but neither McKay nor the FBI take further action because the election is not yet certified. McKay advises McCabe to provide any evidence he might have of voter fraud to the local prosecutor, because the complaint involves a state race. When the race is certified in Gregoire’s favor on December 30, cases are immediately filed in state court challenging the results. [US Department of Justice, Office of the Inspector General, 9/29/2008] Around this same time, McKay receives a telephone call from Chris Vance, the chair of the Washington Republican Party, asking about the investigation. McKay cites the prohibition against revealing information concerning an ongoing investigation and refuses to answer Vance’s questions (see Late 2004 or Early 2005). McCabe soon decides that McKay is not pursuing the fraud allegations quickly enough and begins pressuring the White House to fire him (see Late 2004 and July 5, 2005). McKay allows Justice Department agents to examine what he will call the “so-called evidence,” and will recall one agent “laugh[ing] out loud” because the evidence was “that flimsy.” He will recall that he could find no framework to follow in pursuing voter fraud cases. “I was looking for a benchmark,” he will say. “The impression I got [from the Justice Department] was that I should make it up as I went along. The preference, at least as it was expressed from the attorney general’s office, was simply to file as many such cases as possible. I wasn’t willing to do that, certainly not in the gubernatorial race.… [W]as there a conspiracy to steal the election? Absolutely not.” [Iglesias and Seay, 5/2008, pp. 134-135]
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).
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]
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]
John McKay, the US Attorney for Western Washington State (see October 24, 2001), receives a telephone call from Chris Vance, the state’s Republican Party chair. Vance is unhappy with the results of the Washington gubernatorial election between Christine Gregoire (D-WA) and Dino Rossi (R-WA); Rossi was initially declared the winner, but Gregoire forced a recount and was declared the winner, a declaration Vance and state Republicans are disputing (see December 23, 2004 - January 12, 2005). Vance will later say he feels it necessary to call McKay as a fellow Republican. He will later recall the gist of his discussion with McKay, saying, “Republican activists were furious because they felt that you had a Republican secretary of state, a Republican county prosecutor… and a Republican US Attorney, but still they saw the governorship slipping away, and they were just angry.” He will recall McKay saying something like: “Stop right there, I can’t talk about this. If we are doing any kind of investigation or not, I can’t comment.” Vance will recall, “I dropped it.” Vance is in regular contact with White House political chief Karl Rove, and it is likely that the two discuss the gubernatorial election, though Vance will deny any memory of speaking with Rove about McKay or any desire for a federal investigation of the election. At the same time, prominent businessman and Republican activist Tom McCabe, angry that McKay is not pursuing allegations of voter fraud against Gregoire, begins contacting the White House to demand McKay’s firing (see Late 2004). McKay will later testify that he “vaguely remembered” receiving the call from Vance, but remembers nothing “significant” from the conversation. McKay will later be placed on a list of US Attorneys to be fired, most likely for political reasons (see December 7, 2006 and December 20, 2006). White House emails will not clarify why McKay is targeted for firing, though McKay will recall that White House counsels Harriet Miers and William Kelley cite the anger among Washington State Republicans over the 2004 elections and his refusal to pursue allegations of voter fraud as one reason behind his firing. [Seattle Times, 3/14/2007; Talking Points Memo, 2011] In January 2005, McKay is contacted by the chief of staff of US Representative Doc Hastings (R-WA) about the possibility of voter fraud in the election (see January 4, 2005). In early 2005, Vance and prominent state Republicans will call on McKay and the Justice Department to launch probes into voter fraud allegations that they say benefited Gregoire. [Seattle Times, 3/13/2007] Gregoire will win the election by 133 votes after a lengthy judicial review. Allegations from state Republicans of voter fraud that supposedly benefited Gregoire will be dismissed as baseless. Both sides will allege that mistakes in vote counting and voting reports led to erroneous vote tallies, and both will allege that hundreds of disenfranchised felons cast ballots in the election. The court will find that 1,678 illegal votes were cast in the elections, though it will remain unclear who received the most benefit from those votes. [Seattle Post-Intelligencer, 6/5/2005]
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