-------------------------- eGroups Sponsor -------------------------~-~> <FONT COLOR="#000099">eGroups eLerts It's Easy. It's Fun. Best of All, it's Free! </FONT><A HREF="http://click.egroups.com/1/9698/0/_/1406/_/975501222/"><B>Click Here!</B></A> ---------------------------------------------------------------------_-> Please send as far and wide as possible. Thanks, Robert Sterling Editor, The Konformist http://www.konformist.com http://www.sptimes.com/News/112600/Election2000/Republican_correction. shtml Republican corrections of applications detailed �New York Times � St. Petersburg Times, published November 26, 2000 In Seminole County, where the Republican election chief allowed Republican Party workers to correct thousands of flawed absentee-ballot applications, new details of the incident have emerged. Supervisor of Elections Sandra Goard has been sued by a local Democratic lawyer, who accused her of breaking election law when she let a Republican Party worker use her offices for as long as 10 days to fix the absentee forms. Goard had described the area he used as a warehouse, but in depositions Wednesday she said that the room was full of computer terminals linked to her election database, and that the Republican Party worker was joined by a second man, whom she could not identify. Both men were allowed to use the room unsupervised, she said. Gov. George W. Bush gained more than 10,000 absentee votes in heavily Republican Seminole County, compared with about 5,200 for Vice President Al Gore, and the lawsuit is seeking to have all the absentee votes thrown out. Gore could win Florida, and thus the presidential race, if the lawsuit prevails. Lawyers for the election supervisor and the state Republican Party, which also was sued, have said they did nothing wrong. They also stress that only absentee applications and not ballots were involved. The absentee problem arose when the Republican Party blanketed the state with applications for absentee ballots, which it sent to registered Republicans. The Democrats did the same for its supporters, but the Republicans misprinted many of its forms with stray numerals instead of the required voter's identification number. Florida anti-vote-fraud law places strict rules on how absentee ballots can be obtained, and in 1998 the state election office ruled that while it was acceptable for political parties to mail and even collect the absentee applications, the voters or their close relatives or guardians must provide identifying information, including their voter-registration numbers. Both parties interpret the law as allowing them to supply the data as a convenience, as long as the voters then sign and return the forms. In Seminole County, Goard had rejected the flawed Republican applications as they poured into her office in the days before the election, but she then allowed the Republican Party to correct and resubmit the forms without the voters' knowledge or consent. Goard, in depositions, said that a GOP worker, Michael Leach, brought his own laptop computer with which to add the missing voter-identification numbers. She said the room served as her telephone bank and contained 18 computer terminals linked to a mainframe that stored all of her voter records. She said the terminals had password protection but that Leach worked unsupervised and that she placed no controls on his comings and goings. Goard said the room also contained the desk of her election- equipment technician, and that she did not know how often he was present or what materials he had on his desk. She said that Leach was joined for a while by another man, whom she could not identify, and that she made no effort to check what they took into or out of her offices. "Do you know how long that person was there?" Goard was asked. "No," she replied, adding that she couldn't describe him or say what he did. She said that he appeared one day with Leach, and that she made no effort to learn who he was. "Did Leach ever inform you he was going to bring someone else?" she was asked. "Not that I recall," Goard replied. GOP officials have said the second man was Ryan Mitchell, whom they identified only as a party volunteer. Mitchell could not be reached for comment. Leach has not returned phone messages left for him. ***** Sunday, Nov. 26, 2000 Fate of absentee ballots has potential to alter election outcome BY JOHN PACENTI � 2000 Cox News Service PALM BEACH, Fla. -- A challenge to throw out all absentee ballots in Seminole County took a back seat for weeks as the forces of Al Gore and George W. Bush fought it out over re-counts and re-votes in more populous South Florida. Yet, the lawsuit filed in the Republican suburban enclave north of Orlando ticks like a time bomb in the unprecedented post-election-day scramble for Florida's 25 electoral votes and, ultimately, the presidency. On Wednesday a circuit judge in Sanford will hear arguments on whether to throw out 17,000 absentee ballots, putting thousands of Bush votes in jeopardy. ``The hand-counting could pale compared to this,'' said Nat Stern, a professor of law at Florida State University. Bush gained more than 10,000 absentee ballots in Seminole. Gore got about 5,000. If all the absentee votes are tossed out, Gore could win Florida and the presidency. Longwood resident Harry Jacobs' suit pivots on a favor that Seminole elections chief Sandra Goard did for the Republicans. Goard allowed two GOP operatives to add voter identification numbers to more than 4,000 flawed absentee ballot applications that had been rejected before the election. The workers were then allowed to resubmit the corrected applications. Jacobs says that violated a strict 1998 Florida law -- enacted after rampant absentee ballot fraud surfaced in Miami -- that says only the voter, an immediate family member or legal guardian may fill out an application for an absentee ballot. Two years ago, the state election office ruled that it was okay for political parties to mail and collect the absentee applications, but the voters or their close relatives or guardians must provide clear identifying information, including their voter registration numbers. But because of what went on in the Seminole elections office, Jacobs argues that the absentee process was so tainted that all of the ballots must be disregarded. Goard initially described Jacobs' accusations as ``absurd,'' but under questioning last week by his lawyer, she admitted to allowing Republican worker Michael Leach and another GOP activist into her office for about 10 days prior to the election. The Republicans came in after Goard received a call from the GOP in Tallahassee saying a mistake had been made on tens of thousands of pre-printed absentee ballots sent out to party faithful. Democrats also sent voters pre-printed applications, but the Republican mailings had voters' birth dates on the form instead of the required voter registration numbers. Circuit Judge Debra Nelson has already rejected Republican efforts to dismiss the suit. But a new wrinkle emerged over the weekend when it was learned the judge had the same absentee ballot problem in her own September primary. Her campaign manager, Robert Lewis, a Republican and deputy chief clerk for the Seminole County court system, said that Nelson's campaign also forgot to put ID numbers on absentee ballot applications. About 5,000 forms were amended by Nelson's campaign. Without those ID numbers, the applications were invalid under Florida law. ``Only the voter or a member of the immediate family or the legal guardian can request an absentee ballot,'' the top of the application for Seminole's absentee ballot reads. If someone other than the voter fills out the absentee form, it's a third-degree felony. Jacobs hasn't asked Nelson to recuse herself, although the judge could step down on her own. Jacobs' attorney, Gerald Richman of West Palm Beach, says he is anxious to get the case heard and feels Nelson is a good judge. ``I think our case may be the strongest case pending and have the strongest chance of success,'' Richman said. He plans to use the Republicans' own standard against them. The strict requirement for absentee ballots was passed by the state's Republican-controlled Legislature in the wake of Miami's absentee scandal in the 1998 mayoral race. Xavier Suarez had been elected, but a judge threw out the absentee ballots -- hundreds of which had signatures that didn't match the alleged voter's handwriting and at least one that was signed by a dead man. The judge handed the office to Joe Carollo, the incumbent who had lost to Suarez. Richman contends what happened in Seminole is essentially the same. ``It's analogous with what happened in Miami,'' he said. ``It's basically fraud.'' The lawyers for Goard and the GOP have said they did nothing wrong, and point out that the ballots themselves are not at issue -- only the applications. Jim Hattaway, who had been representing Goard and the Seminole County canvassing board, did not return phone calls. Richman says Hattaway has given notice that he must leave the case because of a conflict of interest. Richman also has raised the specter of Republican shenanigans. He said Goard, a Republican, has admitted the two GOP operatives were left alone in a room full of computers. They had their own laptop, he said. ``They had no supervision and nobody checked them in or out,'' said Richman, who contends that as many as 4,700 applications may have been improperly amended. The Bush and Gore campaigns are already battling on several fronts in state and federal court. But Stern, the FSU professor, says the Seminole County suit just may have the stamina to succeed. ``Both Bush and Gore have raised rather tenuous federal claims,'' said Stern. ``But this is a substantial constitutional claim. If proven correct, it would have significant chance of succeeding.'' So far the Democrats haven't paid much attention to Seminole County, leaving Jacobs and Richman to fight it themselves. Bush, the Republicans and the elections chief all have attorneys. ``Basically, we have three large law firms against us,'' Richman said. ``I hope Democrats' sympathies are strongly with us, but we could use more help.'' Meanwhile, Goard's lawyers are seeking to have the case dismissed or transferred to Tallahassee. A hearing is set for 8 a.m. today in Sanford before Judge Nelson. ***** Tuesday, November 28, 2000 Revote Request a Step Closer to High Court Law: Florida justices to consider hearing Democratic voters' lawsuit, which demands a new election in Palm Beach County over 'butterfly ballots.' By MICHAEL FINNEGAN, Times Staff Writer WEST PALM BEACH, Fla.--The Florida Supreme Court agreed Monday to review arguments on whether it should consider a lawsuit seeking a second presidential election in Palm Beach County. The state's high court told lawyers handling the case to file papers by 5 p.m. today on "all issues in this case, including why this court should exercise its discretion" to hear it. If the Supreme Court takes the case, it would add yet another layer of uncertainty to the outcome of Florida's chaotic presidential election. A group of Palm Beach County Democrats is seeking a revote in the presidential election there. They say the county's confusing "butterfly ballot" led thousands of county residents to vote mistakenly for Reform Party candidate Pat Buchanan instead of Vice President Al Gore. The Democrats say the ballot with a vertical row of punch holes dividing two lists of candidates also may have led more than 19,000 others to nullify their votes by unwittingly choosing two presidential contenders. "I got snookered," said Andre Fladell, a Delray Beach chiropractor who is one of those suing for a revote. "It's supposed to be a fair vote." A three-judge panel of Florida's 4th District Court of Appeal had been scheduled to hold a hearing Monday on the voters' appeal of a Nov. 20 ruling by Circuit Court Judge Jorge Labarga, who found he had no authority to order a revote. But the appellate judges canceled the hearing and referred the case directly to the state's high court. They cited the certification of statewide election results on Sunday night by Secretary of State Katherine Harris. "Because of the vote certification last night, the justices decided that this was a matter of extreme public interest, and have certified the matter to the Supreme Court of Florida," said court marshal Glen Rubin. Lawyers seeking the revote acknowledged they face a tough battle and a looming deadline of Dec. 12, when Florida's electoral college slate must be finalized. Even so, attorney Gary Farmer, who represents the plaintiffs, said the Democratic voters intend to press their case. "There is time to make this happen," Farmer said outside the West Palm Beach courthouse. "We need to stop delaying, however." But Mark F. Bideau, a lawyer for Texas Gov. George W. Bush, said Labarga was correct to deny the request for a revote. Under the U.S. Constitution, he said, the presidential election is held on one day every four years, and courts do not have the authority to change that. "There's no basis legally to do a revote in a presidential election," Bideau said. Copyright 2000 Los Angeles Times ***** November 27, 2000 -------------------------------------------------------------------- GOP Protest in Miami-Dade Is a Well-Organized Effort Bush Campaign Pays Tab For Aides From Capitol Hill Flown in for Rallies By NICHOLAS KULISH and JIM VANDEHEI Staff Reporters of THE WALL STREET JOURNAL MIAMI -- When outraged Republicans raised a ruckus outside the Miami-Dade County elections office last week, some protesters at the door weren't local citizens. They were Capitol Hill aides on all-expenses paid trips, courtesy of the Bush campaign. Right up front on television images of the event last Wednesday were Thomas Pyle, an aide to GOP Rep. Tom DeLay, and Michael Murphy, who works for a DeLay fund-raising committee. Doug Heye from California Rep. Richard Pombo's office also was in the fray. Shortly after the door-kicking, window-banging protest, the Miami-Dade canvassing board made a sharp U-turn, suspending a recount that was expected to help Vice President Al Gore chip away at Texas Gov. George W. Bush's lead. Mr. Gore's inability to secure these votes was a key to Mr. Bush's certification as the Florida winner Sunday night. Miami-Dade canvassing-board members, while denying that the crowd cowed them, decided they couldn't complete the count by Sunday's 5 p.m. deadline without using a room that the protesters complained limited public access. Their work in Miami done, the Republicans headed to Broward County, where they joined a platoon that included about 20 other congressional staffers, who had watched the Miami-Dade commotion on CNN and wildly cheered their compatriots' televised antics. The protests grew in Fort Lauderdale, with hundreds of placard-wielding Republicans protesting the recount for several days. Sunday, some of these same staffers were involved in a confrontation with Democrats, including the Rev. Al Sharpton, in West Palm Beach. Tensions heightened momentarily as Democratic volunteers squeezed through the mob of GOP protesters to gather their campaign signs, but cooler heads prevailed. Behind the rowdy rallies in South Florida this past weekend was a well-organized effort by Republican operatives to entice supporters to South Florida. The protests drew angry denunciations from top Democrats, with several congressmen requesting a Justice Department inquiry. Vice-presidential candidate Joe Lieberman said the "orchestrated demonstrations ... were clearly designed to intimidate and to prevent a simple count of votes from going forward." Bush operatives deny trying to intimidate. But they readily acknowledge that shortly after Election Day they began recruiting Republicans nationwide to come to the three predominantly Democratic South Florida counties then considering manual recounts. The biggest contingent appears to have hailed from within the marbled walls of the Capitol complex in Washington. "Because we were heavily outnumbered in these counties, we called people from around the country," says Terry Holt, a communications director with the Republican National Committee. Democrats "may not need volunteers," he quips. "They've got judges" on local election canvassing boards. Democrats have organizers down here, too, and they were the first to hit the streets. The Rev. Jesse Jackson flew to West Palm Beach shortly after the election to lead a protest against the confusing "butterfly ballot," prompting conservative commentator Mary Matalin to dub attendees "rent-a-rioters." Democrats say they haven't flown staffers or operatives down to Florida to protest, and there is no evidence to suggest otherwise. This has allowed Republicans to quickly gain the upper-hand, protest- wise. In Washington, several GOP aides say the office of Mr. DeLay, the House Republican whip, took charge of the effort on Capitol Hill, passing on an offer many staffers couldn't refuse: free air fare, accommodations and food in the Sunshine State -- all paid for by the Bush campaign. Aides who accepted took advantage of liberal congressional workplace rules that allow them to jump from government jobs to political tasks at a moment's notice by declaring themselves on vacation or temporary leave. "Once word leaked out, everybody wanted in," says one GOP operative involved in the effort. Participants estimate that more than 200 staffers signed on, some spending more than a week in South Florida. Many stayed in Hiltons by the beach and received $30 a day for food, as well as an invitation to an exclusive Thanksgiving Day party in Fort Lauderdale. "They needed help down there," says GOP Rep. Roy Blunt of Missouri. "A lot of people in Washington wanted to be a part of that." He adds that the collaboration has fostered a new sense of unity between congressional Republicans and Mr. Bush, who often ignored Washington Republicans during the campaign to bolster his outsider image. "The unfairness of [the Democrats' recount] effort has really brought Republicans together," the congressman said. The camaraderie was on full display at the glitzy Thanksgiving night party featuring free food and libations at the Hyatt on Pier 66 in Fort Lauderdale -- "a festive family mood," says one protester. Entertainer Wayne Newton crooned the song "Danke Schoen," until a group of frenzied female fans rushed the stage. The night's highlight was a conference call from Mr. Bush and running mate Dick Cheney, which included joking references by both running mates to the incident in Miami, two staffers in attendance say. But that was a rare break from the action. Often working 16- or 20-hour days, the congressional worker bees initially monitored recounts, attended news conferences and did other gofer tasks. Kyle Downey, 26 years old, an aide to Oklahoma Rep. J.C. Watts, assisted GOP lawyers in Broward County one day and escorted former presidential candidate Bob Dole around South Florida the next. "This is history," says Mr. Downey, explaining his decision to come. "I don't see how I could ever come across something like this ever in my lifetime." Staffers who joined the effort say there has been an air of mystery to the operation. "To tell you the truth, nobody knows who is calling the shots," says one aide. Many nights, often very late, a memo is slipped underneath the hotel-room doors outlining coming events. On Friday night, one aide received notice that he and his colleagues were welcome to stay in South Florida until "further notice." Bush spokeswoman Mindy Tucker declines to estimate how much the operation will cost or exactly how many people have been enticed to Florida. Others say about 750 people have rotated in and out. This weekend, few were still involved in the somber recount-monitoring of the early days. "All we are doing is rallying and protesting," says one GOP aide. "We are blowing the Democrats away." Bush supporters sometimes outnumbered Gore backers by 10 to one outside the Broward County Courthouse in the Democrat-leaning community. A block to the north, a recreational vehicle festooned with Bush-Cheney signs served as operation central, having recently been transferred from similar duty in Miami. Not all out-of-state demonstrators came from Washington. Several New York Republicans paid for their own plane tickets, while the Bush- Cheney campaign footed the hotel bill. "They told me to send an invoice for our bills, and I told them we need the check by Sunday night, in case he loses," jokes one of them. Rick Nelson, a vascular surgeon from Oklahoma City, recalls arriving in Miami and being told by a GOP official that he and several other volunteers were going to become protesters. "Okay, we've never done this before," Mr. Nelson recalls the operative saying. "Anybody know how to put together a protest?" -- Evan Perez contributed to this article. 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