Bush asks judge
to toss Ohio election suit
by Andrew Welsh-Huggins,
Associated Press
Jan. 3, 2005
COLUMBUS, Ohio -- President Bush's re-election campaign asked the chief justice of the Ohio Supreme Court on Monday to throw out a challenge of the election in this swing state, saying the case resembles "a poorly drafted script for a late night conspiracy-theory movie."
The court filing was made as the Rev. Jesse Jackson held a rally before hundreds of people in Columbus to support the challenge and urge the U.S. Senate to debate Ohio's results on Thursday when Congress is in joint session for the official tally of the electoral votes.
Thirty-seven Ohio voters who filed the challenge are asking Chief Justice Thomas Moyer to set aside the election results. Some of the voters are suspicious of Bush's victory over Sen. John Kerry, while others say hours-long waits in heavily black neighborhoods caused voters to leave in frustration without casting a ballot.
"In 2000, if Al Gore had just held on and fought to the bitter end, he would have been president," said Mark Lomax, a black Columbus musician challenging the vote. "I kind of have the same feeling now -- whether or not you like John Kerry, that's not the issue. It's just that your vote counts."
Ohio Secretary of State Kenneth Blackwell said there's no reason to prolong the election.
"Jesse Jackson can complain, grandstand, whine, stamp his feet all he wants," said Blackwell spokesman Carlo LoParo. "It's not going to change the results of Ohio's election or how voters cast their ballots on Nov. 2."
The Bush campaign echoed those sentiments in the filing, saying the challenge falls "far short of a legitimate election contest."
It is not known when the chief justice might rule on the challenge.
Bob Fitrakis, one of the lawyers who filed the challenge, said that if Moyer's decision comes after the tally by Congress, it likely wouldn't have any effect on the outcome of the presidential election. But any ruling favorable to the challengers -- regardless of when -- would bolster their efforts to improve voting law, he said.
Published by
Associated Press
Ohio recount highlights
continuing vote trouble
by Jules Witcover, The Baltimore Sun
Jan. 2, 2005
WASHINGTON -- Fifty-six days after voting for president had ended around the country, George W. Bush finally cleared the last prominent hurdle to his re-election last Tuesday when Ohio officials confirmed his victory there.
Ohio Secretary of State J. Kenneth Blackwell said a statewide recount had left the president with a 118,000 vote lead over Sen. John Kerry, making him the clear winner in the Buckeye State and delivering the 20 electoral votes he needed for a majority in the Electoral College.
That wait was 20 days longer than Bush had to endure in 2000 before a much more contentious partial recount in Florida gave him the presidency, with a highly controversial helping hand from the U.S. Supreme Court.
This time around, because Bush had won the national popular vote by 3.5 million ballots, compared with losing by 539,000 in 2000, the result reported on election night was generally accepted then. But two third-party presidential candidates, for the Green and Libertarian parties, called for the recount in Ohio, which was their right, though neither had any chance of benefiting from it.
The third-party candidates have filed a suit before a federal court in Columbus, charging that due process was violated in the recount by not assuring uniform standards in counting, and seeking preservation of all ballot and voting machines for further scrutiny. But Congress is expected to accept Ohio's chosen Bush electors when it meets to certify Bush's 34-electoral-vote margin this week.
While the long recount in Ohio did not change Bush's victory there, it did shine a spotlight once again on the troubled presidential elective process. As a result of problems uncovered in Ohio, Congress and the states must face the reality that reforms enacted in the wake of the 2000 fiasco in Florida have fallen far short of completing the job.
Irregularities reported Nov. 2 in Ohio and many other states -- including Florida, which supposedly cleaned up its act after the 2000 election -- cry out for further nationwide reforms, critics say. Congress did not go nearly far enough in 2002 in writing the Help America Vote Act and voting $3.8 billion for states to upgrade their machines and processes, they add.
Several witnesses at a House Judiciary Committee hearing last month, called by ranking Democratic member Rep. John Conyers Jr. of Michigan (but boycotted by Republican members), said national uniformity is the prime reform needed.
Congress, in the act, did not provide for 2004 such things as national election laws requiring standards on voting rules, kinds of ballots, and methods of casting and counting them in every state. Instead, each state elections board continued to go its own way in a federal election that really is a collection of state contests.
Even when Congress stipulated that all states must give every voter the chance to cast a provisional ballot -- an outcome of the Florida experience in 2000 -- some states, including the Sunshine State and Ohio, threw up hurdles in 2004.
In 2000, many Florida voters, particularly in precincts in which blacks predominated voter registration, were turned away for various questionable reasons. This time around, again in Florida and in Ohio, the secretaries of state ruled that a voter had to show he lived in the precinct even to obtain a provisional ballot -- one of the very rationales for having them. Subsequently a federal judge in Ohio held that a voter did have to be living in the precinct to cast a provisional ballot.
Another of the most glaring deficiencies is that in voting funds to the states for upgrading voting devices, there was no stipulation that one kind of machine or ballot be used in all states, leading to many states using multiple mechanisms.
In Ohio, paper ballots of the sort that caused such havoc in Florida in 2000 were still being used in most counties. In Florida, about half the voters used optical scanners that leave a paper trail to facilitate a recount and half used the touch-screen technology that left none. Some states attached printers to their touch-screen devices, some, like Florida, did not.
Unlike in 2000, when charges of outright fraud in Florida and elsewhere dominated the complaints, in 2004 in Ohio a major gripe was simply that Republican election officials put too few voting machines in traditional Democratic districts and more than enough in GOP strongholds. As a result, critics said, there were long waits in the former and quick and easy access in the latter, often suppressing the Democratic vote.
Finally, the practice of having a state's top elections official, supposedly neutral in overseeing the vote, allied or openly supporting one candidate demands reform. Blackwell was Bush's honorary state chairman in Ohio, just as Florida's secretary of state in 2000, Katherine Harris, was in that election.
John C. Bonifaz, general counsel for the National Voting Rights Institute, says the purpose of the Ohio recount was not simply to protect Kerry's interests, but also the interests of all voters in having their votes cast and counted in a legitimate election process.
"We wouldn't ask the voters of Ukraine to certify the election of their president in a fraudulent process," he says. "Why have a different standard here at home?" Bonifaz says the recount was not conducted "in accordance with constitutional standards" because of various irregularities at polling places.
Part of the new push for national election reform is a constitutional amendment introduced by Illinois Rep. Jesse L. Jackson Jr., son of the civil rights leader, that would explicitly guarantee all Americans the right to vote. It is a right many assume they have under other parts of the Constitution, including the due-process and equal-protection clauses of the 14th Amendment and under the 19th Amendment.
But Jackson cites the U.S. Supreme Court's 2000 observation in Bush v. Gore that "the individual citizen has no federal constitutional right to vote for electors for the President of the United States." The citation does go on to say "unless and until the state legislature chooses a statewide election as a means to implement its power to appoint members of the Electoral College."
Jackson would argue that the latter clause only confirms that an individual's right to vote is a state right, not a federal one, and that his amendment is necessary to establish that all Americans have an explicit voting right. The United States is one of 11 countries in the world, he says, in which the right is explicitly provided.
Bonifaz notes that when a citizen moves from one state to another he retains the protections of the First Amendment on freedom of religion, speech, press and assembly. Whereas, he says, the same citizen who moves from Maine to Florida faces different rights and prohibitions on voting.
Jackson's amendment would also require that the Electoral College in its voting for president reflect the majority popular vote in each state, noting that as of now state legislatures can act alone in picking electors.
Finally, the 2004 election, rather than being seen as a reaffirmation of the Electoral College, is cited by some as another argument for abolishing it. Had Bush lost Ohio on election night, Kerry would have been the Electoral College winner, and that outcome would have wiped out the much larger 3.5 million popular vote for Bush than the 539,000 vote majority for Al Gore in 2000.
The fact that Ohio had to endure a recount, one that could have jeopardized or delayed the certification of Bush for a second term, is a circumstance made possible by Electoral College voting. Without the requirement that the winning presidential candidate have a majority of the college, loss by recount of Ohio's 20 electoral votes would have made no difference in the outcome -- Bush's re-election by clear popular vote.
In any event, the recount in Ohio, and reported irregularities in several other states, keeps the pot boiling on the need for further presidential election reforms, to make sure that a third straight election in 2008 is not threatened by allegations of serious voting problems.
What would serve the same purpose would be a landslide victory four years from now for one nominee or the other. But if the American electorate remains the "50-50 nation" it is considered to be, that's not likely to happen. Congress must, well before 2008, carry on the job it undertook to reform the presidential election process after 2000, but didn't finish, voting rights advocates say.
Published by
The Baltimore Sun
Vote protesters try last hurrah
by Marie Horrigan,
United Press International
Jan. 3, 2005
Washington, DC, Jan. 3 (UPI) -- Electoral-reform advocates and protesters who allege the Nov. 2 election was either rigged or marred by widespread irregularities are launching the last desperate measures to effect change before Congress certifies the Electoral College vote Thursday.
Citizen Web logs, which have largely sustained the calls for vote recounts, are leading a frenzy of activities including rallies, vigils, online petitions and mass e-mail messages as the Jan. 6 deadline looms.
Citizens calling for Congress to launch an inquiry into the vote before certifying it face the same hurdle as the 2000 election, in that a member of each chamber of Congress must call for the inquiry. Rep. John Conyers Jr., D-Mich., spearheads a group of more than a dozen members of the House in calling for a recount, but so far no senators have stepped up to the plate.
Massachusetts native Sheila Parks has set up vigils in front of Sen. John Kerry's residence in Boston, which she said are attended by 10 to 15 people each day. Parks also is part of a delegation that is scheduled to travel to Washington Tuesday to make its case personally to a "dream team" of senators they think might be willing to hold up the vote certification.
Her group, Coalition Against Election Fraud, also is scheduled to meet Wednesday with representatives from Kerry's Senate office, who they will give copies of online petitions, letters and postcards from supporters and citizens asking Kerry not to certify the vote.
Despite their efforts, Parks said she is not sure what will happen Thursday when both chambers of Congress convene to certify the vote.
"I wish I had a feel for how it was going," she said with a sigh. "It depends what minute you get me."
Parks said her group was not composed of conspiracy theorists or diehard Kerry supporters, but of "very concerned citizens" who believe the election was fraudulent.
"The cornerstone of American democracy (is) one person one vote ... so our democracy is destroyed as far as we're concerned," she said.
It is the same requirement that stymied calls for an investigation into the 2000 election results, when members of the Congressional Black Caucus appealed to their Senate colleagues to no avail. The session was presided over by Vice President Al Gore, who had lost the Electoral College vote and, it was later reported, asked Democratic senators not to contest the vote.
Supporters of the recount effort were dealt a blow last month when Ohio's electors certified that state's vote. Despite that, however, groups rallied Monday in Columbus to continue pressing their calls for a recount. A consortium of civil-rights groups, the We Do Not Concede Coalition, was scheduled to head out with disenfranchised Ohio voters on a "Freedom Ride" from Columbus to Washington.
"There's a real human side of this," said coalition Director Kat L'Estrange. "These people were kept from voting and they were kept in lines for hours and it was terrible the way they were treated. ... We're going to put a face on the issue."
A spokesman for Sen. Richard Durbin, D-Ill., one of several Democratic senators named on blog lists as a possible candidate to repudiate the vote, said he was out of the running.
In response to an e-mail message from a friend involved in the recount movement, Durbin thanked him for his interest but wrote that with the Ohio vote certified, "It is clear that Sen. Kerry was correct in announcing his concession on November 3rd."
"The basic test hasn't been met," said spokesman Joe Shomaker. "There is no compelling evidence of massive voter fraud." He added that Durbin is a strong proponent of electoral reform and supports abolishing the Electoral College but said that "tilting at the windmills" about November's outcome would not help his credibility on the issue.
No amount of petitions, faxes or phone calls would likely change Durbin's stance, he said.
A spokeswoman for another possible ally, Sen. Ted Kennedy, D-Mass., said it was a time "to come together as a nation, not to further divide it."
Kennedy had not been contacted by protesters, she said, but added the senator expected the election results to be certified on Thursday.
A spokesman for Sen. Barbara Boxer, D-Calif., meanwhile, said the office had received a number of petitions Monday but would not comment on how Boxer intended to vote on the certification.
Parks said she couldn't imagine why no Democratic senator had stepped forward. "Maybe it's what we always said, that once they get in there they lose their integrity," she said. But if no one does so, she added, she was going to start voting Green.
Published by
United Press International
Vote challengers accuse Blackwell
of trying to let 'clock run out'
by James Drew, Columbus Blade
Jan. 1, 2005
COLUMBUS -- Partisan activists contesting the presidential election results in Ohio said the state's highest court appears willing to "allow the clock to run out" so that the Electoral College results become official on Jan. 6.
Cliff Arnebeck, an attorney who filed the election contest on behalf of a coalition of activists led by the Rev. Jesse Jackson, said Secretary of State Ken Blackwell has chosen to not appear at a deposition to answer questions under oath about the Nov. 2 election.
"If George Bush indeed won this election, there would be no one with a greater interest in proving that to be the case," Mr. Arnebeck said at a news conference yesterday. "They want the clock to run out. They want to win by default."
The lawsuit alleges that votes were taken away from Democrat John Kerry's column and added to Mr. Bush's.
It refers to a "pattern of vote fraud and discrimination," and problems with voting machines around the state.
Mr. Blackwell, a Republican who was associate chairman of Mr. Bush's campaign in Ohio, has said there were "some glitches in the election, but none of these glitches were of a conspiratorial nature and none of them would have overturned or changed the election results."
On Dec. 29, Chief Justice Thomas Moyer refused to grant a motion for an expedited hearing in the election challenge.
A recount requested by the presidential candidates for the Green and Libertarian parties showed that Mr. Bush defeated Mr. Kerry by 118,457 votes, according to a spokesman for Mr. Blackwell who cited a survey by the Associated Press.
Mr. Blackwell certified the official results on Dec. 6, showing Mr. Bush with a victory margin of 118,775 votes.
On Dec. 13, Ohio's 51st Electoral College unanimously cast its 20 votes for President Bush and Vice President Dick Cheney.
The vote came about two hours after Mr. Arnebeck filed a lawsuit contesting the re-election of Mr. Bush and Chief Justice Moyer.
On Dec. 16, Chief Justice Moyer dismissed the lawsuit, ruling that no statute or case law allows the filing of multiple election contests in a single case.
Mr. Arnebeck refiled the lawsuit a day later to contest the presidential race outcome and refiled the lawsuit contesting Chief Justice Moyer's re-election on Dec. 21.
The votes of the nation's presidential electors are sent to Congress.
On Jan. 6, the president of the U.S. Senate is to set and have the certificates counted in front of both chambers.
Published by
Columbus Blade
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There's much more than this at Unknown News.
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Latest related reports from our archives:
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Dec. 11, 2004:
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Dec. 10, 2004:
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|
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|
Dec. 10, 2004:
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Dec. 7, 2004:
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Dec. 5, 2004:
Dec. 4, 2004:
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News editors poo-poo election fraud rumors
Dec. 3, 2004:
FBI refuses to accept complaint
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Dec. 1, 2004:
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Nov. 29, 2004:
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Nov. 22, 2004:
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Nov. 17, 2004:
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|
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America is screwed: Election stolen againExcerpt: In most states, the returns were pretty much as predicted by the last polls. Florida seems the odd exception -- the last polls were for Kerry, 49-44%, but the returns are running 52-47 Bush.
So in just one day -- and in just one state -- Bush went from five points down to five points ahead?
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Nov. 3, 2004:
Graph:
Exit polls vs. E-vote tallies
Nov. 3, 2004:
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Nov. 3, 2004:
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Nov. 2, 2004:
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One million Kerry votes
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Oct. 28, 2004:
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# with comments by CactusPat
Oct. 26, 2004:
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by Greg Palast, BBC News
Oct. 22, 2004:
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Oct. 20, 2004:
Republican-backed group allegedly involved
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# with comments by CactusPat and H&HH
Oct. 16, 2004:
Florida's Bush ignored advice to
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Latest related reports from our archives:
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