What went wrong with the 2004 Election in Ohio?

More evidence of Republican chicanery to steal the election in November 2004.

On January 5, Representative John Conyers of Michigan, the ranking Democrat on the House Judiciary Committee, released Preserving Democracy: What Went Wrong in Ohio. The report was the result of a five-week investigation by the committee’s Democrats, who reviewed thousands of complaints of fraud, malfeasance, or incompetence surrounding the election in Ohio, and further thousands of complaints that poured in by phone and email as word of the inquiry spread. The congressional researchers were assisted by volunteers in Ohio who held public hearings in Columbus, Cleveland, Toledo, and Cincinnati, and questioned more than two hundred witnesses. (Although they were invited, Republicans chose not to join in the inquiry.)

Preserving Democracy describes three phases of Republican chicanery: the run-up to the election, the election itself, and the post-election cover-up. The wrongs exposed are not mere dirty tricks (though Bush/Cheney also went in heavily for those) but specific violations of the U.S. and Ohio constitutions, the Voting Rights Act, the Civil Rights Act of 1968, the National Voter Registration Act, and the Help America Vote Act. Although Conyers trod carefully when the report came out, insisting that the crimes did not affect the outcome of the race (a point he had to make, he told me, “just to get a hearing”), his report does “raise grave doubts regarding whether it can be said that the Ohio electors selected on December 13, 2004, were chosen in a manner that conforms to Ohio law, let alone Federal requirements and constitutional standards.” The report cites “massive and unprecedented voter irregularities and anomalies” throughout the state—wrongs, moreover, that were hardly random accidents. “In many cases,” the report says, “these irregularities were caused by intentional misconduct and illegal behavior, much of it involving Secretary of State J. Kenneth Blackwell, the co-chair of the Bush-Cheney campaign in Ohio.”

The first phase of malfeasance entailed, among many other actions, several months of bureaucratic hijinks aimed at disenfranchising Democrats, the most spectacular result of which was “a wide discrepancy between the availability of voting machines in more minority, Democratic and urban areas as compared to more Republican, suburban and exurban areas.” Such unequal placement had the predictable effect of slowing the voting process to a crawl at Democratic polls, while making matters quick and easy in Bush country: a clever way to cancel out the Democrats’ immense success at registering new voters in Ohio. [...]

It seemed at times that Ohio’s secretary of state was determined to try every stunt short of levying a poll tax to suppress new voter turnout. On September 7, based on an overzealous reading of an obscure state bylaw, he ordered county boards of elections to reject all Ohio voter-registration forms not “printed on white, uncoated paper of not less than 80 lb. text weight.” Under public pressure he reversed the order three weeks later, by which time unknown numbers of Ohioans had been disenfranchised. Blackwell also attempted to limit access to provisional ballots. The Help America Vote Act—passed in 2002 to address some of the problems of the 2000 election—prevents election officials from deciding at the polls who will be permitted to cast provisional ballots, as earlier Ohio law had permitted. On September 16, Blackwell issued a directive that somehow failed to note that change. A federal judge ordered him to revise the language, Blackwell resisted, and the court was forced to draft its own version of the directive, which it ordered Blackwell to accept, even as it noted Blackwell’s “vigorous, indeed, at times, obdurate opposition” to compliance with the law.

Under Blackwell the state Republican Party tried to disenfranchise still more Democratic voters through a technique known as “caging.” The party sent registered letters to new voters, “then sought to challenge 35,000 individuals who refused to sign for the letters,” including “voters who were homeless, serving abroad, or simply did not want to sign for something concerning the Republican Party.” It should be noted that marketers have long used zip codes to target, with remarkable precision, the ethnic makeup of specific neighborhoods, and also that, according to exit polls last year, 84 percent of those black citizens who voted in Ohio voted for Kerry.

The second phase of lawlessness began the Monday before the election, when Blackwell issued two directives restricting media coverage of the election. First, reporters were to be barred from the polls, because their presence contravened Ohio’s law on “loitering” near voting places. Second, media representatives conducting exit polls were to remain 100 feet away from the polls. [...] Both cases were at once struck down in federal court on First Amendment grounds.

Blackwell did manage to ban reporters from a post-election ballot-counting site in Warren County because—election officials claimed—the FBI had warned of an impending terrorist attack there. The FBI said it issued no such warning, however, and the officials refused to name the agent who alerted them. Moreover, as the Cincinnati Enquirer later reported, email correspondence between election officials and the county’s building services director indicated that lockdown plans—“down to the wording of the signs that would be posted on the locked doors”—had been in the works for at least a week. Beyond suggesting that officials had something to hide, the ban was also, according to the report, a violation of Ohio law and the Fourteenth Amendment.

Contrary to a prior understanding, Blackwell also kept foreign monitors away from the Ohio polls. Having been formally invited by the State Department on June 9, observers from the Organization for Security and Cooperation in Europe, an international consortium based in Vienna, had come to witness and report on the election. The mission’s two-man teams had been approved to monitor the process in eleven states—but the observers in Ohio were prevented from watching the opening of the polling places, the counting of the ballots, and, in some cases, the election itself.

To what end would election officials risk so malodorous an action? We can only guess, of course. We do know, however, that Ohio, like the nation, was the site of numerous statistical anomalies—so many that the number is itself statistically anomalous, since every single one of them took votes from Kerry.

In Butler County the Democratic candidate for State Supreme Court took in 5,347 more votes than Kerry did. In Cuyahoga County ten Cleveland precincts “reported an incredibly high number of votes for third party candidates who have historically received only a handful of votes from these urban areas”—mystery votes that would mostly otherwise have gone to Kerry. In Franklin County, Bush received nearly 4,000 extra votes from one computer, and, in Miami County, just over 13,000 votes appeared in Bush’s column after all precincts had reported. In Perry County the number of Bush votes somehow exceeded the number of registered voters, leading to voter turnout rates as high as 124 percent. Youngstown, perhaps to make up the difference, reported negative 25 million votes.

In Cuyahoga County and in Franklin County—both Democratic strongholds—the arrows on the absentee ballots were not properly aligned with their respective punch holes, so that countless votes were miscast, as in West Palm Beach back in 2000. In Mercer County some 4,000 votes for president—representing nearly 7 percent of the electorate—mysteriously dropped out of the final count. The machines in heavily Democratic Lucas County kept going haywire, prompting the county’s election director to admit that prior tests of the machines had failed. One polling place in Lucas County never opened because all the machines were locked up somewhere and no one had the key. In Hamilton County many absentee voters could not cast a Democratic vote for president because county workers, in taking Ralph Nader’s name off many ballots, also happened to remove John Kerry’s name. The Washington Post reported that in Mahoning County “25 electronic machines transferred an unknown number of Kerry votes to the Bush column,” but it did not think to ask why.

Ohio Democrats also were heavily thwarted through dirty tricks recalling Richard Nixon’s reign and the systematic bullying of Dixie. There were “literally thousands upon thousands” of such incidents, the Conyers report notes, cataloguing only the grossest cases. Voters were told, falsely, that their polling place had changed; the news was conveyed by phone calls, “door-hangers,” and even party workers going door to door. There were phone calls and fake “voter bulletins” instructing Democrats that they were not to cast their votes until Wednesday, November 3, the day after Election Day. Unknown “volunteers” in Cleveland showed up at the homes of Democrats, kindly offering to “deliver” completed absentee ballots to the election office. And at several polling places, election personnel or hired goons bused in to do the job “challenged” voters—black voters in particular—to produce documents confirming their eligibility to vote. The report notes one especially striking incident:

In Franklin County, a worker at a Holiday Inn observed a team of 25 people who called themselves the “Texas Strike Force” using payphones to make intimidating calls to likely voters, targeting people recently in the prison system. The “Texas Strike Force” paid their way to Ohio, but their hotel accommodations were paid for by the Ohio Republican Party, whose headquarters is across the street. The hotel worker heard one caller threaten a likely voter with being reported to the FBI and returning to jail if he voted. Another hotel worker called the police, who came but did nothing.

The Ohio recount officially started on December 13—five days after Conyers’s hearings opened—and was scheduled to go on until December 28. Because the recount (such as it was) coincided with the inquiry, Conyers was able to discover, and reveal in his report, several instances of what seemed to be electoral fraud.

On December 13, for instance, Sherole Eaton, deputy director of elections for Hocking County, filed an affidavit stating that the computer that operates the tabulating machine had been “modified” by one Michael Barbian Jr., an employee of Triad GSI, the corporate manufacturer of the county’s voting machinery.

Ms. Eaton witnessed Mr. Barbian modify the Hocking County computer vote tabulator before the announcement of the Ohio recount. She further witnessed Barbian, upon the announcement that the Hocking County precinct was planned to be the subject of the initial Ohio test recount, make further alterations based on his knowledge of the situation. She also has firsthand knowledge that Barbian advised election officials how to manipulate voting machinery to ensure that [the] preliminary hand recount matched the machine count.

The committee also learned that Triad similarly intervened in at least two other counties. In a filmed interview, Barbian said that he had examined machines not only in Hocking County but also in Lorain, Muskingum, Clark, Harrison, and Guernsey counties [...]

Based on the above, including actual admissions and statements by Triad employees, it strongly appears that Triad and its employees engaged in a course of behavior to provide “cheat sheets” to those counting the ballots. The cheat sheets told them how many votes they should find for each candidate, and how many over and under votes they should calculate to match the machine count. In that way, they could avoid doing a full county-wide hand recount mandated by state law. If true, this would frustrate the entire purpose of the recount law—to randomly ascertain if the vote counting apparatus is operating fairly and effectively, and if not to conduct a full hand recount.

The report notes Triad’s role in several other cases. In Union County the hard drive on one tabulator was replaced after the election. (The old one had to be subpoenaed.) In Monroe County, after the 3 percent hand count had twice failed to match the machine count, a Triad employee brought in a new machine and took away the old one. (That machine’s count matched the hand count.) Such operations are especially worrying in light of the fact that Triad’s founder, Brett A. Rapp, “has been a consistent contributor to Republican causes.” (Neither Barbian nor Rapp would respond to Harper’s queries, and the operator at Triad refused even to provide the name of a press liaison.)

So where were the media? Silenced again. By the looks of this, the otherwise incompetent President Bush has now stolen two elections.

Besides the injustice of Bush being again innaugerated, it is an injustice that Secretary of State J. Kenneth Blackwell, the co-chair of the Bush-Cheney campaign in Ohio, remains outside of prison at this time.