The Truth will prevail, but only if we demand it from Congress!

9-11 Inside Job and Neocons Hacked 2004

SCROLL DOWN

Home ] 9-11 Inside Job ] Federal Reserve ] Hacking Elections ] Iraq War ] Fake War on Terror ] New World Order ] Media ] Peak Oil-Petro Euros ] Fascism in U.S. ] Editorials ] About Us ] Links ] Contact Us ]

 

Home
Up

VOTER SUPPRESSION ARTICLE 6

 

 

6. Letter from Congressman Conyers to Secretary of State Blackwell

One Hundred Eighth Congress 
Congress of the United States
House of Representatives 
Committee on the Judiciary 

December 2, 2004

    The Honorable J. Kenneth Blackwell

       Ohio Secretary of State

    180 East Broad Street , 16th Floor

    Columbus , OH 43215

 

    Dear Secretary Blackwell:

    We write to request your assistance with our ongoing investigation

of election irregularities in the 2004 Presidential election. As you

may be aware, the Government Accountability Office has agreed to

undertake a systematic and comprehensive review of election irregularities

throughout the nation. As a separate matter, we have requested that the

House Judiciary Committee Democratic staff undertake a thorough review of

each and every specific allegation of election irregularities received

by our offices.

 

    Collectively, we are concerned that these complaints constitute a

troubled portrait of a one-two punch that may well have altered and

suppressed votes, particularly minority and Democratic votes. First, it

appears there were substantial irregularities in vote tallies. It is

unclear whether these apparent errors were the result of machine

malfunctions or fraud.

 

    Second, it appears that a series of actions of government and

non-government officials may have worked to frustrate minority voters.

Consistent and widespread reports indicate a lack of voting machines in

urban, minority and Democratic areas, and a surplus of such machines in

Republican, white and rural areas. As a result, minority voters were

discouraged from voting by lines that were in excess of eight hours long.

Many of these voters were also apparently victims of a campaign of

deception, where flyers and calls would direct them to the wrong polling

place. Once at that polling place, after waiting for hours in line, many of

these voters were provided provisional ballots after learning they were

at the wrong location. These ballots were not counted in many

jurisdictions because of a directive issued by some election officials, such as

yourself.

 

    We are sure you agree with us that regardless of the outcome of the

election, it is imperative that we examine any and all factors that may

have led to voting irregularities and any failure of votes to be

properly counted. Toward that end, we ask you to respond to the following

allegations:

 

I. Counting Irregularities

 

A. Warren County Lockdown – On election night, Warren County locked

down its administration building and barred reporters from observing the

counting. When that decision was questioned, County officials claimed

they were responding to a terrorist threat that ranked a “10" on a scale

of 1 to 10, and that this information was received from an FBI agent.

Despite repeated requests, County officials have declined to name that

agent, however, and the FBI has stated that they had no information

about a terror threat in Warren County . Your office has stated that it does

not know of any other county that took these drastic measures.

 

    In addition to these contradictions, Warren County officials have

given conflicting accounts of when the decision was made to lock down

the building. While the County Commissioner has stated that the decision

to lockdown the building was made during an October 28 closed-door

meeting, emailed memos – dated October 25 and 26 – indicate that

preparations for the lockdown were already underway.

 

    This lockdown must be viewed in the context of the aberrational

results in Warren County . In the 2000 Presidential election, the

Democratic Presidential candidate, Al Gore, stopped running television

commercials and pulled resources out of Ohio weeks before the election. He won

28% of the vote in Warren County . In 2004, the Democratic Presidential

candidate, John Kerry, fiercely contested Ohio and independent groups

put considerable resources into getting out the Democratic vote.

Moreover, unlike in 2000, independent candidate Ralph Nader was not on the Ohio

ballot in 2004. Yet, the tallies reflect John Kerry receiving exactly

the same percentage in Warren County as Gore received, 28%.

 

    We hope you agree that transparent election procedures are vital to

public confidence in electoral results. Moreover, such aberrant

procedures only create suspicion and doubt that the counting of votes was

manipulated. As part of your decision to certify the election, we hope you

have investigated these concerns and found them without merit. To

assist us in reaching a similar conclusion, we ask the following:

 

    1. Have you, in fact, conducted an investigation of the lockdown?

What procedures have you or would you recommend be put into place to

avoid a recurrence of this situation?

 

    2. Have you ascertained whether County officials were advised of

terrorist activity by an FBI agent and, if so, the identity of that

agent?

 

    3. If County officials were not advised of terrorist activity by an

FBI agent, have you inquired as to why they misrepresented this fact?

If the lockdown was not as a response to a terrorist threat, why did it

take place? Did any manipulation of vote tallies occur?

 

B. Perry County Election Counting Discrepancies – The House Judiciary

Committee Democratic staff has received information indicating

discrepancies in vote tabulations in Perry County . For example, the sign-in book

for the Reading S precinct indicates that approximately 360 voters cast

ballots in that precinct. In the same precinct, the sign-in book

indicates that there were 33 absentee votes cast. In sum, this would appear

to mean that fewer than 400 total votes were cast in that precinct. Yet,

the precinct’s official tallies indicate that 489 votes were cast. In

addition, some voters’ names have two ballot stub numbers listed next to

their entries creating the appearance that voters were allowed to cast

more than one ballot.

 

    In another precinct, W Lexington G AB, 350 voters are registered

according to the County’s initial tallies. Yet, 434 voters cast ballots.

As the tallies indicate, this would be an impossible 124% voter

turnout. The breakdown on election night was initially reported to be 174

votes for Bush, and 246 votes for Kerry. We are advised that the Perry

County Board of Elections has since issued a correction claiming that, due

to a computer error, some votes were counted twice. We are advised that

the new tallies state that only 224 people voted, and the tally is 90

votes for Bush and 127 votes for Kerry. This would make it appear that

virtually every ballot was counted twice, which seems improbable.

 

    In Monroe Township , Precinct AAV, we are advised that 266 voters

signed in to vote on election day, yet the Perry County Board of

Elections is reporting that 393 votes were cast in that precinct, a difference

of 133 votes.

 

    4. Why does it appear that there are more votes than voters in the

Reading S precinct of Perry County ?

 

    5. What is the explanation for the fluctuating results in the W

Lexington AB precinct?

 

    6. Why does it appear that there are more votes than voters in the

Monroe Township precinct AAV?

 

C. Perry County Registration Peculiarities

 

    In Perry County , there appears to be an extraordinarily high level

voter registration, 91%; yet a substantial number of these voters have

never voted and have no signature on file. Of the voters that are

registered in Perry County an extraordinarily large number of voters are

listed as having registered in 1977, a year in which there were no federal

elections. Of these an exceptional number are listed as having

registered on the exact same day: in total, 3,100 voters apparently registered

in Perry County on November 8, 1977.

 

    7. Please explain why there is such a high percentage of voters in

this County who have never voted and do not have signatures on file.

Also, please help us understand why such a high number of voters in this

County are shown as having registered on the same day in 1977.

 

D. Unusual Results in Butler County

 

    In Butler County , a Democratic Candidate for State Supreme Court,

C. Ellen Connally received 59,532 votes. In contrast, the Kerry-Edwards

ticket received only 54,185 votes, 5,000 less than the State Supreme

Court candidate. Additionally, the victorious Republican candidate for

State Supreme Court received approximately 40,000 less votes than the

Bush-Cheney ticket. Further, Connally received 10,000 or more votes in

excess of Kerry’s total number of votes in five counties, and 5,000 more

votes in excess of Kerry’s total in ten others.

 

    It must also be noted that Republican judicial candidates were

reportedly “awash in cash,” with more than $1.4 million and were also

supported by independent expenditures by the Ohio Chamber of Commerce.

 

    While you may have found an explanation for these bizarre results,

it appears to be wildly implausible that 5,000 voters waited in line to

cast 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. We would appreciate an answer to the

following:

 

    8. Have you examined how an underfunded Democratic State Supreme

Court candidate could receive so many more votes in Butler County than

the Kerry-Edwards ticket? If so, could you provide us with the results of

your examination? Is there any precedent in Ohio for a downballot

candidate receiving on a percentage or absolute basis so many more votes

than the Presidential candidate of the same party in this or any other

presidential election? Please let us know if any other County in Ohio

registered such a disparity on a percentage or absolute basis.

 

E. Unusual Results in Cuyahoga County

 

    Precincts in Cleveland have reported an incredibly high number of

votes for third party candidates who have historically received only a

handful of votes from these urban areas. For example, precinct 4F in the

4th Ward cast 290 votes for Kerry, 21 for Bush, and 215 for

Constitution Party candidate Michael Peroutka. In 2000, the same precinct cast

less than 8 votes for all third party candidates combined.

 

    This pattern is found in at least 10 precincts through throughout

Cleveland in 2004, awarding hundreds of unlikely votes to the third

party candidate. Notably, these precincts share more than a strong

Democratic history: the use of a punch card ballot. In light of these highly

unlikely results, we would like to know the following:

 

    9. Have you investigated whether the punch card system used in

Cuyahoga County led to voters accidentally voting for third party

candidates instead of the Democratic candidate they intended? If so, what were

the results? Has a third party candidate ever received such a high

percentage of votes in these precincts.

 

    10. Have you found similar problems in other counties? Have you

found similar problems with other voting methods?

 

F. Spoiled Ballots

 

    According to post election canvassing, many ballots were cast

without any valid selection for president. For example, two precincts in

Montgomery County had an undervote rate of over 25% each – accounting for

nearly 6,000 voters who stood in line to vote, but purportedly declined

to vote for president. This is in stark contrast to the 2% of

undervoting county-wide. Disturbingly, predominantly Democratic precincts had

75% more undervotes than those that were predominantly Republican. It is

inconceivable to us that such a large number of people supposedly did

not have a preference for president in such a controversial and highly

contested election.

 

    Considering that an estimated 93,000 ballots were spoiled across

Ohio , we would like to know the following:

 

    11. How many of those spoiled ballots were of the punch card or

optical scan format and could therefore be examined in a recount?

 

    12. Of those votes that have a paper trail, how many votes for

president were undercounted, or showed no preference for president? How

many were overcounted, or selected more than one candidate for president?

How many other ballots had an indeterminate preference?

 

    13. Of the total 93,000 spoiled ballots, how many were from

predominantly Democratic precincts? How many were from minority-majority

precincts?

 

    14. Are you taking steps to ensure that there will be a paper trail

for all votes before the 2006 elections so that spoiled ballots can be

individually re-examined?

 

G. Franklin County Overvote – On election day, a computerized voting

machine in ward 1B in the Gahanna precinct of Franklin County recorded a

total of 4,258 votes for President Bush and 260 votes for Democratic

challenger, John Kerry. However, there are only 800 registered voters in

that Gahanna precinct, and only 638 people cast votes at the New Life

Church polling site. It was since discovered that a computer glitch

resulted in the recording of 3,893 extra votes for President George W.

Bush.

 

    Fortunately, this glitch was caught and the numbers were adjusted

to show President Bush’s true vote count at 365 votes to Senator Kerry’s

260 votes. However, many questions remain as to whether this kind of

malfunction happened in other areas of Ohio . To help us clarify this

issue, we request that you answer the following:

 

    15. How was it discovered that this computer glitch occurred?

 

    16. What procedures were employed to alert other counties upon the

discovery of the malfunction?

 

    17. Can you be absolutely certain that this particular malfunction

did not occur in other counties in Ohio during the 2004 Presidential

election? How?

 

    18. What is being done to ensure that this type of malfunction does

not happen again in the future?

 

H. Miami County Vote Discrepancy – In Miami County , with 100% of the

precincts reporting on Wednesday, November 3, 2004, President Bush had

received 20,807 votes, or 65.80% of the vote, and Senator Kerry had

received 10,724 votes, or 33.92% of the vote. Miami reported 31,620 voters.

Inexplicably, nearly 19,000 new ballots were added after all precincts

reported, boosting President Bush’s vote count to 33,039, or 65.77%,

while Senator Kerry’s vote percentage stayed exactly the same to three

one-hundredths of a percentage point at 33.92%.

 

    Roger Kearney of Rhombus Technologies, Ltd., the reporting company

responsible for vote results of Miami County , has stated that the

problem was not with his reporting and that the additional 19,000 votes came

before 100% of the precincts were in. However, this does not explain

how the vote count could change for President Bush, but not for Senator

Kerry, after 19,000 new votes were added to the roster. To help us

better understand this anomaly, we request that you answer the following:

 

    19. What is your explanation as to the statistical anomaly that

showed virtually identical ratios after the final 20-40% of the vote came

in? In your judgment, how could the vote count in this County have

changed for President Bush, but not for Senator Kerry, after 19,000 new

votes were added to the roster?

 

    20. Are you aware of any pending investigations into this matter?

 

I. Mahoning County Machine Problems – In Mahoning County , numerous

voters reported that when they attempted to vote for John Kerry, the vote

showed up as a vote for George Bush. This was reported by numerous

voters and continued despite numerous attempts to correct their vote.

 

    21. Please let us know if you have conducted any investigation or

inquiry of machine voting problems in the state, including the above

described problems in Mahoning County , and the results of this

investigation or inquiry.

 

    II. Procedural Irregularities

 

A. Machine Shortages

 

    Throughout predominately Democratic areas in Ohio on election day,

there were reports of long lines caused by inadequate numbers of voting

machines. Evidence introduced in public hearings indicates that 68

machines in Franklin County were never deployed for voters, despite long

lines for voters at that county, with some voters waiting from two to

seven hours to cast their vote. The Franklin County Board of Elections

reported that 68 voting machines were never placed on election day, and

Franklin County BOE Director Matt Damschroder admitted on November 19,

2004 that 77 machines malfunctioned on Election Day. It has come to our

attention that a county purchasing official who was on the line with

Ward Moving and Storage Company, documented only 2,741 voting machines

delivered through the November 2 election day. However, Franklin County ’s

records reveal that they had 2,866 “machines available” on election

day. This would mean that amid the two to seven hour waits in the inner

city of Columbus , at least 125 machines remained unused on Election Day.

 

    Franklin County ’s machine allocation report clearly states the

number of machines that were placed “By Close of Polls.” However, questions

remain as to where these machines were placed and who had access to

them throughout the day. Therefore, what matters is not how many voting

machines were operating at the end of the day, but rather how many were

there to service the people during the morning and noon rush hours.

 

    An analysis revealed a pattern of providing fewer machines to the

Democratic city of Columbus , and more machines to the primarily

Republican suburbs. At seven out of eight polling places, observers counted

only three voting machines per location. According to the presiding judge

at one polling site located at the Columbus Model Neighborhood facility

at 1393 E. Broad St. , there had been five machines during the 2004

primary. Moreover, at Douglas Elementary School , there had been four

machines during the spring primary. In one Ohio voting precinct serving

students from Kenyon College , some voters were required to wait more than

eight hours to vote. There were reportedly only two voting machines at

that precinct. The House Judiciary Committee staff has received first

hand information confirming these reports.

 

    Additionally, it appears that in a number of locations, polling

places were moved from large locations, such as gyms, where voters could

comfortably wait inside to vote to smaller locations where voters were

required to wait in the rain. We would appreciate answers to the

following:

 

    22. How much funding did Ohio receive from the federal government

for voting machines?

 

    23. What criteria were used to distribute those new machines?

 

    24. Were counties given estimates or assurances as to how many new

voting machines they would receive? How does this number compare to how

many machines were actually received?

 

    25. What procedures were in place to ensure that the voting

machines were properly allocated throughout Franklin and other counties? What

changes would you recommend be made to insure there is a more equitable

allocation of machines in the future?

 

B. Invalidated Provisional Ballots

 

    As you know, just weeks before the 2004 Presidential election, you

issued a directive to county election officials saying they are allowed

to count provisional ballots only from voters who go to the correct

precinct for their home address. At the same time, it has been reported

that fraudulent flyers were being circulated on official-looking

letterhead telling voters the wrong place to vote, phone calls were placed

incorrectly informing voters that their polling place had changed,

“door-hangers” telling African-American voters to go to the wrong precinct, and

election workers sent voters to the wrong precinct. In other areas,

precinct workers refused to give any voter a provisional ballot. And in at

least one precinct, election judges told voters that they may validly

cast their ballot in any precinct, leading to any number of disqualified

provisional ballots.

 

    In Hamilton County , officials have carried this problematic and

controversial directive to a ludicrous extreme: they are refusing to count

provisional ballots cast at the correct polling place if they were cast

at the wrong table in that polling place. It seems that some polling

places contained multiple precincts which were located at different

tables. Now, 400 such voters in Hamilton county alone will be

disenfranchised as a result of your directive.

 

    26. Have you directed Hamilton County and all other counties not to

disqualify provisional ballots cast at the correct polling place simply

because they were cast at the wrong precinct table?

 

    27. While many election workers received your directive that voters

may cast ballots only in their own precincts, some did not. How did you

inform your workers, and the public, that their vote would not be

counted if cast in the wrong precinct? How many votes were lost due to

election workers telling voters they may vote at any precinct, in direct

violation of your ruling?

 

    28. Your directive was exploited by those who intentionally misled

voters about their correct polling place, and multiplied the number of

provisional ballots found invalid. What steps have you or other

officials in Ohio taken to investigate these criminal acts? Has anyone been

referred for prosecution? If so, what is the status of their cases?

 

    29. How many provisional ballots were filed in the presidential

election in Ohio ? How many were ultimately found to be valid and counted?

What were the various reasons that these ballots were not counted, and

how many ballots fall into each of these categories? Please break down

the foregoing by County if possible.

 

C. Directive to Reject Voter Registration Forms Not Printed on White,

Uncoated Paper of Not Less Than 80 lb Text Weight

 

    On September 7, you issued a directive to county boards of

elections commanding such boards to reject voter registration forms not

“printed on white, uncoated paper of not less than 80 lb. text weight.”

Instead, the county boards were to follow a confusing procedure where the

voter registration form would be treated as an application for a form and

a new blank form would be sent to the voter. While you reversed this

directive, you did not do so until September 28. In the interim, a number

of counties followed this directive and rejected otherwise valid voter

registration forms. There appears to be some further confusion about

the revision of this order which resulted in some counties being advised

of the change by the news media.

 

    30. How did you notify county boards of elections of your initial

September 7 directive?

 

    31. How did you notify county boards of elections of your September

28 decision to revise that directive?

 

    32. Have you conducted an investigation to determine how many

registration forms were rejected as a result of your September 7 directive?

If so, how many?

 

    33. Have you conducted an investigation to determine how many

voters who had their otherwise valid forms rejected as a result of your

September 7 directive subsequently failed to re-register? If so, how many?

 

    34. Have you conducted an investigation to determine how many of

those voters showed up who had their otherwise valid forms rejected to

vote on election day and were turned away? If so, how many?

 

    We await your prompt reply. To the extent any questions relate to

information not available to you, please pass on such questions to the

appropriate election board or other official. Please respond to 2142

Rayburn House Office Building , Washington , DC 20515 by December 10. If you

need more time to investigate and respond to some of these inquiries,

we would welcome a partial response by that date and a complete response

within a reasonable period of time thereafter. If you have any

questions about this inquiry, please contact Perry Apelbaum or Ted Kalo of the

House Judiciary Committee Democratic Staff at (202) 225-6504.

 

    Sincerely,

 

    Rep. John Conyers, Jr.

    Rep. Melvin Watt

    Rep. Jerrold Nadler

    Rep. Tammy Baldwin