Election Protection In Ohio (And America) Isn't Over

by Bob Fitrakis & Harvey Wasserman
November 17, 2008

http://www.progressohio.org/page/community/post/nationofgandhis/CLmx

As the sun sets on Bush 2, it is clear that a very thin line of 
electoral protection preserved Barack Obama's victory in Ohio---and 
the nation.

And it's no accident the vote count battle for a Columbus-area 
Congressional seat still rages.

The GOP's 2008 electoral strategy again emphasized massive voter 
disenfranchisement and rigging the electronic vote count. The twin 
tactics very nearly gave Ohio to McCain/Palin, and threatened to set 
precedents capable of winning them the national election.

Prior to the 2004 vote, Republican Secretary of State J. Kenneth 
Blackwell stripped some 308,000 Ohio citizens from the registration 
rolls in heavily Democratic districts. This mass disenfranchisement 
alone may have accounted for the 118,000-plus official margin that 
gave George W. Bush a second term in the White House.

After the 2004 vote, Blackwell disenfranchised another 170,000 voters 
in heavily Democratic Franklin County (Columbus).

But in 2006, Democrat Jennifer Brunner was elected to replace 
Blackwell. Ironically, the King-Lincoln-Bronzeville federal civil 
rights lawsuit filed against Blackwell over 2004 election 
irregularities has carried over, making Brunner the defendant (we are 
plaintiff and defendant in that suit). As a result, negotiations 
between Brunner and election protection attorneys have been on-going 
since she took office.

In the lead-up to the 2008 elections, the GOP tried yet another 
massive voter purge. Through the "caging" technique of sending 
unsolicited "do not forward" junk mail, GOP operatives obtained by 
returned mail the names of some 600,000 registered Ohio voters. Some 
were serving in Iraq. Also, the GOP once again fought to purge voters 
for "inactivity" as they sought to eliminate voters who hadn't voted 
in four-years as opposed to eight, even if they voted in state and 
local eletions..

The GOP demanded the right to disenfranchise these voters. But 
Brunner directed that each was entitled to notice and an individual 
in-person hearing.

As Greg Palast and Robert F. Kennedy, Jr., have reported, the GOP 
used similar caging throughout the US, aimed at millions of likely 
Democratic voters.

The GOP also went after 200,000 new Ohio voters whose registrations 
showed minor discrepancies. Included were variations in social 
security and drivers' license numbers, or changes in middle names, 
nicknames and addresses.

But Brunner fought to protect these names from GOP challenge, and was 
upheld by the US Supreme Court, who refused to hear the GOP case 
prior to the election.

Based on projected demographic and voter turnout statistics, the 
elimination of these four-fifths of a million voters (some 5.4 
million votes were counted in Ohio 2008) could have shifted a 
200,000-vote victory for Obama to a 40,000-vote triumph for McCain. 
This projection is based on a conservative estimate that 80% of these 
targeted voters vote Democratic and 50% would have turned out to vote.

Partly in response to pressure from election protection activists, 
Brunner also facilitated early and absentee voting. Polling stations 
opened by September 30 throughout the state. Despite GOP efforts, a 
full week was available to those who wished to register and vote at 
the same time. As least 25% of Ohio's voters cast their ballots prior 
to Election Day. By most accounts these votes went overwhelmingly for 
Obama. The Columbus Dispatch reported that Democrats outvoted 
Republicans 12-1 in early voting.

Brunner also tried to make paper ballots available to all voters who 
wanted them. Under often dubious financial arrangements with a direct 
conflict of interest as a stockholder, Blackwell installed Diebold 
electronic voting machines designed to account for as many as half 
Ohio's 2008 votes.

But the GOP-controlled legislature manipulated the finances behind 
the push for paper ballots. Ohio's 88 counties eventually provided 
enough of them for at least 25% of the voters. But so many voted 
early that reports now indicate there were ultimately enough paper 
ballots at the Election Day polling stations for nearly all who 
wanted them.

Other GOP attempts at disenfranchisement also fell flat. When the 
Republican sheriff of Greene County attempted to prosecute 304 
students (many of them African-American) for "voter fraud" he ignited 
a massive public outcry. At issue was the common confusion over 
whether a student will vote at home or at college. Under widespread 
attack, the sheriff backed off. But students at public universities 
and liberal arts colleges throughout the rest of the state reported 
GOP harassment.

Despite widespread attempts to avoid them, there were 186,000 
provisional ballots cast in Ohio 2008, some 40,000 more than the 
141,000 cast in 2004 (16,000 of which have never been counted). 
Independent observers reported on-going confusion about the use of 
provisional ballots, largely attributed to poor pollworker training.

A federal database used to check driver's license information went 
down for nearly three hours on Election Day due to what the Ohio 
Department of Public Safety said was "a large fiber-optic cable being 
cut in Texas."

Despite an increase of 319,000 registered Ohio voters in 2008 over 
2004, the official turnout was actually lower. Barack Obama received 
22,000 fewer votes than John Kerry. John McCain got 317,000 fewer 
than Bush. Election protection experts attribute this to a selective 
GOP padding of the 2004 vote count, especially in three heavily 
Republican southwestern counties where irregularities and 
improbabilities abounded.

An observer in Miami County reported that a Republican election 
director illegally forced recently-moved citizens to vote 
provisionally. In Franklin County, pollbooks wrongly identified 
35,000 voters as provisional. Four black voters in Fairfield County 
reported being purged despite stable long-term residencies. The 
Republican-connected company Triad, infamous for its secretive work 
on central tabulators in 2004, emerged in the majority of Ohio 
counties as the keeper of electronic pollbooks for the boards of 
elections.

While these and other irregularities bruised the election, there were 
far fewer than reported in 2004. The presence of hundreds of 
well-trained and equipped election protection volunteers throughout 
the state seem to have staved off any GOP attempt to repeat the 
massive disenfranchisement that gave the 2004 Ohio vote count to 
George W. Bush. Key Ohio polling stations were graced with 
independent election observers appointed by the Green Party. 
Independent video-the-vote teams, nonpartisan election observers, and 
Obama supporters were placed outside the polls documenting all that 
happened. With an apparently workable distribution of voting machines 
and sufficient paper ballots as a backup (along with a clear sunny 
day) the horrors of long lines in Ohio's 2004 election were avoided 
in 2008.

The Ohio vote count also seems to have been successfully protected. 
In Licking County, a voter reported that his paper ballot was put in 
a bag without an envelope. In Youngstown, Joyce Stewart reports being 
given a paper ballot that had no place to choose a president.

E-voting machines in three Columbus precincts double-counted votes. 
In heavily Democratic Lucas County, four out of eight e-voting 
machines in precinct 20, recorded no votes for president, while 
recording far higher vote counts for such minor offices as county 
coroner.

The poll judge in Columbus precinct 25G tried to have legitimate exit 
pollers arrested. In Trumbull County, Warner Lange observed that "all 
of the votes cast using a paper ballot between the hours of 6:30am 
and 8:15 am are invalid because none of the voters were asked, as 
required, to sign the pollbook."

In Hamilton and Franklin Counties (Cincinnati and Columbus) early and 
absentee ballots were not counted on Election Night, as originally 
planned. It took three hours after the polls closed for Union County 
election officials to get their ballots scanned. Terry Grimm reported 
that "everything was wrong" coming from the Summit County town of 
Barberton, causing a delayed tabulation.

Kevin Egler in Portage County reported that after 2800 votes were 
scanned on election night, a "corrupted card signal" came out, 
forcing election officials to start the vote count over.

Ultimately, despite Brunner's attempts to get rid of them, hundreds 
of thousands of votes were again cast and counted on electronic 
voting machines with no paper trail and no way to do a reliable 
recount.

But missing this time was an electronic theft apparatus under the 
control of Blackwell and Karl Rove.

On Election Night 2004, Blackwell e-mailed Ohio's electronic vote 
count to a basement in Chattanooga, Tennessee that also housed the 
servers for the Republican National Committee. The tally 
"miraculously" shifted from Kerry to Bush between 12:30 and 2 am, 
ultimately giving Bush a second term.

The data was handled under a state contract funneled by Blackwell to 
Michael Connell, a shadowy Bush family IT specialist who programmed 
the official Bush-Cheney website in 2000 and 2004.

On the day before the 2008 election, Connell was forced to testify 
under oath under cross-examination by King-Lincoln-Bronzeville 
attorneys Cliff Arnebeck and Bob Fitrakis. Among the questions at 
issue was whether Connell left any "Trojan Horse" programs in place 
in the Ohio electronic vote count structure through which he could 
have hacked the 2008 outcome.

There has yet to be a definitive answer to that question, or to what 
he actually may have done to the 2004 vote count. But, for what it's 
worth, Karl Rove did shift his predictions from a McCain victory to 
one for Obama shortly after the federal court agreed to force Connell 
to testify.

There may be much to celebrate in the apparent legitimacy of the Ohio 
2008 vote count.

But half the state's ballots are still slated to be cast on 
electronic voting machines whose source codes remain under private 
lock and key. There is no guarantee Ohio voters will have universal 
access to paper ballots in future elections. In direct violation of 
federal law, no fewer than 56 of Ohio's 88 counties destroyed all or 
most of their federal election records after the 2004 election, 
making a definitive recount impossible. There have been no state or 
federal prosecutions.

The "minor" irregularities and attempted voter disenfranchisements 
observed in Ohio 2008 were repeated throughout the US, and could 
easily resurface in future elections if they are not again thoroughly 
observed.

And in Columbus, the Republicans are right now suing Brunner to throw 
out thousands of provisional ballots cast in a Congressional race 
still in hot dispute. Incredibly, the GOP is operating on inside 
information fed it by Franklin County assistant BOE director Matt 
Damshroder.

Damshroder accepted a $10,000 check in his BOE office from a Diebold 
representative. The check was made out to the Republican Party. 
Damshroder was given a one-month paid suspension for this in 2005. 
With Democratic assent, he remains a key player in the vote count 
that will determine whether heavily Democratic Franklin County could 
be stopped from sending its first Democrat to Congress since 1980.

Nationwide the GOP successfully disenfranchised millions of likely 
voters in Election 2008. Easily hacked, un-monitorable e-voting 
machines are still spread throughout the United States. The 
opportunities to steal future elections that are certain to be far 
tighter than 2008 remain readily available.

Much has been learned in the Bush era of the Unelected President. 
There is simply no doubt that the thousands of volunteers who worked 
tirelessly to protect the election of 2008 in Ohio and throughout the 
nation in fact prevented the GOP from stealing yet another one.

But unless this administration implements automatic voter 
registration, universal hand counted paper ballots, the total 
elimination of electronic voting machines, expanded windows for 
voting and a far more secure system of impartial citizen observation, 
the specter of still more stolen elections will haunt our democracy.

Indeed, we will still have to wonder if that's what we really have here.

--
Bob Fitrakis & Harvey Wasserman's four co-authored books on election 
protection include HOW THE GOP STOLE AMERICA'S 2004 ELECTION & IS 
RIGGING 2008, and AS GOES OHIO, both available at www.freepress.org, 
where this article first appeared. Their next and final book and 
movie on the topic are in the works. Their radio shows are broadcast 
at WVKO 1580AM, central Ohio's Air America affiliate.
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