Published on Thursday, November 4, 2004 by

TomPaine.com

Kerry Won

by Greg Palast Kerry won. Here's the facts.

I know you don't want to hear it. You can't face one more hung chad. But I don't have a choice. As a journalist examining that messy sausage called American democracy, it's my job to tell you who got the most votes in the deciding states. Tuesday, in Ohio and New Mexico, it was John Kerry.

Most voters in Ohio thought they were voting for Kerry. CNN's exit poll showed Kerry beating Bush among Ohio women by 53 percent to 47 percent. Kerry also defeated Bush among Ohio's male voters 51 percent to 49 percent. Unless a third gender voted in Ohio, Kerry took the state.

So what's going on here? Answer: the exit polls are accurate. Pollsters ask, "Who did you vote for?" Unfortunately, they don't ask the crucial, question, "Was your vote counted?" The voters don't know.

Here's why. Although the exit polls show that most voters in Ohio punched cards for Kerry-Edwards, thousands of these votes were simply not recorded. This was predictable and it was predicted. [See TomPaine.com, "An Election Spoiled Rotten," November 1.]

Once again, at the heart of the Ohio uncounted vote game are, I'm sorry to report, hanging chads and pregnant chads, plus some other ballot tricks old and new.

The election in Ohio was not decided by the voters but by something called "spoilage." Typically in the United States, about 3 percent of the vote is voided, just thrown away, not recorded. When the bobble-head boobs on the tube tell you Ohio or any state was won by 51 percent to 49 percent, don't you believe it ... it has never happened in the United States, because the total never reaches a neat 100 percent. The television totals simply subtract out the spoiled vote.

And not all vote spoil equally. Most of those votes, say every official report, come from African American and minority precincts. (To learn more, click here.)

We saw this in Florida in 2000. Exit polls showed Gore with a plurality of at least 50,000, but it didn't match the official count. That's because the official, Secretary of State Katherine Harris, excluded 179,855 spoiled votes. In Florida, as in Ohio, most of these votes lost were cast on punch cards where the hole wasn't punched through completelyleaving a 'hanging chad,'or was punched extra times. Whose cards were discarded? Expert statisticians investigating spoilage for the government calculated that 54 percent of the ballots thrown in the dumpster were cast by black folks. (To read the report from the U.S. Civil Rights Commission, click here .)

And here's the key: Florida is terribly typical. The majority of ballots thrown out (there will be nearly 2 million tossed out from Tuesday's election) will have been cast by African American and other minority citizens.

So here we go again. Or, here we don't go again. Because unlike last time, Democrats aren't even asking Ohio to count these cards with the not-quite-punched holes (called "undervotes" in the voting biz).

Ohio is one of the last states in America to still use the vote-spoiling punch-card machines. And the Secretary of State of Ohio, J. Kenneth Blackwell, wrote before the election, the possibility of a close election with punch cards as the states primary voting device invites a Florida-like calamity.

But this week, Blackwell, a rabidly partisan Republican, has warmed up to the result of sticking with machines that have a habit of eating Democratic votes. When asked if he feared being this year's Katherine Harris, Blackwell noted that Ms. Fix-it's efforts landed her a seat in Congress.

Exactly how many votes were lost to spoilage this time? Blackwell's office, notably, won't say, though the law requires it be reported. Hmm. But we know that last time, the total of Ohio votes discarded reached a democracy-damaging 1.96 percent. The machines produced their typical lossthat's 110,000 votesoverwhelmingly Democratic.

 

The Impact Of Challenges

First and foremost, Kerry was had by chads. But the Democrat wasn't punched out by punch cards alone. There were also the 'challenges.' That's a polite word for the Republican Party of Ohio's use of an old Ku Klux Klan technique: the attempt to block thousands of voters of color at the polls. In Ohio, Wisconsin and Florida, the GOP laid plans for poll workers to ambush citizens under arcane lawsalmost never usedallowing party-designated poll watchers to finger individual voters and demand they be denied a ballot. The Ohio courts were horrified and federal law prohibits targeting of voters where race is a factor in the challenge. But our Supreme Court was prepared to let Republicans stand in the voting booth door.

In the end, the challenges were not overwhelming, but they were there. Many apparently resulted in voters getting these funky "provisional" ballotsa kind of voting placebowhich may or may not be counted. Blackwell estimates there were 175,000; Democrats say 250,000. Pick your number. But as challenges were aimed at minorities, no one doubts these are, again, overwhelmingly Democratic. Count them up, add in the spoiled punch cards (easy to tally with the human eye in a recount), and the totals begin to match the exit polls; and, golly, you've got yourself a new president. Remember, Bush won by 136,483 votes in Ohio.

Enchanted State's Enchanted Vote

Now, on to New Mexico, where a Kerry pluralityif all votes are countedis more obvious still. Before the election, in TomPaine.com, I wrote, "John Kerry is down by several thousand votes in New Mexico, though not one ballot has yet been counted."

How did that happen? It's the spoilage, stupid; and the provisional ballots.

CNN said George Bush took New Mexico by 11,620 votes. Again, the network total added up to that miraculous, and non-existent, '100 percent' of ballots cast.

New Mexico reported in the last race a spoilage rate of 2.68 percent, votes lost almost entirely in Hispanic, Native American and poor precinctsDemocratic turf. From Tuesday's vote, assuming the same ballot-loss rate, we can expect to see 18,000 ballots in the spoilage bin.

Spoilage has a very Democratic look in New Mexico. Hispanic voters in the Enchanted State, who voted more than two to one for Kerry, are five times as likely to have their vote spoil as a white voter. Counting these uncounted votes would easily overtake the Bush 'plurality.'

Already, the election-bending effects of spoilage are popping up in the election stats, exactly where we'd expect them: in heavily Hispanic areas controlled by Republican elections officials. Chaves County, in the "Little Texas" area of New Mexico, has a 44 percent Hispanic population, plus African Americans and Native Americans, yet George Bush "won" there 68 percent to 31 percent.

I spoke with Chaves' Republican county clerk before the election, and he told me that this huge spoilage rate among Hispanics simply indicated that such people simply can't make up their minds on the choice of candidate for president. Oddly, these brown people drive across the desert to register their indecision in a voting booth.

Now, let's add in the effect on the New Mexico tally of provisional ballots.

"They were handing them out like candy," Albuquerque journalist Renee Blake reported of provisional ballots. About 20,000 were given out. Who got them?

Santiago Juarez who ran the "Faithful Citizenship" program for the Catholic Archdiocese in New Mexico, told me that "his" voters, poor Hispanics, whom he identified as solid Kerry supporters, were handed the iffy provisional ballots. Hispanics were given provisional ballots, rather than the countable kind "almost religiously," he said, at polling stations when there was the least question about a voter's identification. Some voters, Santiago said, were simply turned away.

Your Kerry Victory Party

So we can call Ohio and New Mexico for John Kerryif we count all the votes.

But that won't happen. Despite the Democratic Party's pledge, the leadership this time gave in to racial disenfranchisement once again. Why? No doubt, the Democrats know darn well that counting all the spoiled and provisional ballots will require the cooperation of Ohio's Secretary of State, Blackwell. He will ultimately decide which spoiled and provisional ballots get tallied. Blackwell, hankering to step into Kate Harris' political pumps, is unlikely to permit anything close to a full count. Also, Democratic leadership knows darn well the media would punish the party for demanding a full count.

What now? Kerry won, so hold your victory party. But make sure the shades are down: it may be become illegal to demand a full vote count under PATRIOT Act III.

I used to write a column for the Guardian papers in London. Several friends have asked me if I will again leave the country. In light of the failurea second timeto count all the votes, that won't be necessary. My country has left me.

Greg Palast, contributing editor to Harper's magazine, investigated the manipulation of the vote for BBC Television's Newsnight. The documentary, "Bush Family Fortunes," based on his New York Times bestseller, The Best Democracy Money Can Buy, has been released this month on DVD .

2004 TomPaine.com

 

Published on Thursday, November 4, 2004 by CommonDreams.org

The Ultimate Felony Against Democracy

by Thom Hartmann

The hot story in the Blogosphere is that the "erroneous" exit polls that showed Kerry carrying Florida and Ohio (among other states) weren't erroneous at all - it was the numbers produced by paperless voting machines that were wrong, and Kerry actually won. As more and more analysis is done of what may (or may not) be the most massive election fraud in the history of the world, however, it's critical that we keep the largest issue at the forefront at all time: Why are We The People allowing private, for-profit corporations, answerable only to their officers and boards of directors, and loyal only to agendas and politicians that will enhance their profitability, to handle our votes?

Maybe Florida went for Kerry, maybe for Bush. Over time - and through the efforts of some very motivated investigative reporters - we may well find out (Bev Harris of www.blackboxvoting.org just filed what may be the largest Freedom of Information Act [FOIA} filing in history), and bloggers and investigative reporters are discovering an odd discrepancy in exit polls being largely accurate in paper-ballot states and oddly inaccurate in touch-screen electronic voting states Even raw voter analyses are showing extreme oddities in touch-screen-run Florida, and eagle-eyed bloggers are finding that news organizations are retroactively altering their exit polls to coincide with what the machines ultimately said.

But in all the discussion about voting machines, let's never forget the concept of the commons, because this usurpation is the ultimate felony committed by conservatives this year.

At the founding of this nation, we decided that there were important places to invest our tax (then tariff) dollars, and those were the things that had to do with the overall "life, liberty, and the pursuit of happiness" of all of us. Over time, these commons - in which we all make tax investments and for which we all hold ultimate responsibility - have come to include our police and fire services; our military and defense; our roads and skyways; our air, waters and national parks; and the safety of our food and drugs.

But the most important of all the commons in which we've invested our hard-earned tax dollars is our government itself. It's owned by us, run by us (through our elected representatives), answerable to us, and most directly responsible for stewardship of our commons.

And the commons through which we regulate the commons of our government is our vote.

About two years ago, I wrote a story for these pages, "If You Want To Win An Election, Just Control The Voting Machines," that exposed how Senator Chuck Hagel had, before stepping down and running for the U.S. Senate in Nebraska, been the head of the voting machine company (now ES&S) that had just computerized Nebraska's vote. The Washington Post (1/13/1997) said Hagel's "Senate victory against an incumbent Democratic governor was the major Republican upset in the November election." According to Bev Harris, Hagel won virtually every demographic group, including many largely black communities that had never before voted Republican. Hagel was the first Republican in 24 years to win a Senate seat in Nebraska, nearly all on unauditable machines he had just sold the state. And in all probability, Hagel run for President in 2008.

In another, later article I wrote at the request of MoveOn.org and which they mailed to their millions of members, I noted that in Georgia - another state that went all-electronic - "USA Today reported on Nov. 3, 2002, 'In Georgia, an Atlanta Journal-Constitution poll shows Democratic Sen. Max Cleland with a 49%-to-44% lead over Republican Rep. Saxby Chambliss. 'Cox News Service, based in Atlanta, reported just after the election (Nov. 7) that, "Pollsters may have goofed" because 'Republican Rep. Saxby Chambliss defeated incumbent Democratic Sen. Max Cleland by a margin of 53 to 46 percent. The Hotline, a political news service, recalled a series of polls Wednesday showing that Chambliss had been ahead in none of them.'" Nearly every vote in the state was on an electronic machine with no audit trail.

In the years since those first articles appeared, Bev Harris has published her book on the subject ("Black Box Voting"), including the revelation of her finding the notorious "Rob Georgia" folder on Diebold's FTP site just after Cleland's loss there; Lynn Landes has done some groundbreaking research, particularly her new investigation of the Associated Press, as have Rebecca Mercuri and David Dill. There's a new video out on the topic, Votergate, available at www.votergate.tv.

Congressman Rush Holt introduced a bill into Congress requiring a voter-verified paper ballot be produced by all electronic voting machines, and it's been co-sponsored by a majority of the members of the House of Representatives. The two-year battle fought by Dennis Hastert and Tom DeLay to keep it from coming to a vote, thus insuring that there will be no possible audit of the votes of about a third of the 2004 electorate, has fueled the flames of conspiracy theorists convinced Republican ideologues - now known to be willing to lie in television advertising - would extend their "ends justifies the means" morality to stealing the vote "for the better good of the country" they think single-party Republican rule will bring.

Most important, though, the rallying cry of the emerging "honest vote" movement must become: Get Corporations Out Of Our Vote!

Why have we let corporations into our polling places, locations so sacred to democracy that in many states even international election monitors and reporters are banned? Why are we allowing corporations to exclusively handle our vote, in a secret and totally invisible way? Particularly a private corporation founded, in one case, by a family that believes the Bible should replace the Constitution; in another case run by one of Ohio's top Republicans; and in another case partly owned by Saudi investors?

Of all the violations of the commons - all of the crimes against We The People and against democracy in our great and historic republic - this is the greatest. Our vote is too important to outsource to private corporations.

It's time that the USA - like most of the rest of the world - returns to paper ballots, counted by hand by civil servants (our employees) under the watchful eye of the party faithful. Even if it takes two weeks to count the vote, and we have to just go, until then, with the exit polls of the news agencies. It worked just fine for nearly 200 years in the USA, and it can work again.

When I lived in Germany, they took the vote the same way most of the world does - people fill in hand-marked ballots, which are hand-counted by civil servants taking a week off from their regular jobs, watched over by volunteer representatives of the political parties. It's totally clean, and easily audited. And even though it takes a week or more to count the vote (and costs nothing more than a bit of overtime pay for civil servants), the German people know the election results the night the polls close because the news media's exit polls, for two generations, have never been more than a tenth of a percent off.

We could have saved billions that have instead been handed over to ES&S, Diebold, and other private corporations.

Or, if we must have machines, let's have them owned by local governments, maintained and programmed by civil servants answerable to We The People, using open-source code and disconnected from modems, that produce a voter-verified printed ballot, with all results published on a precinct-by-precinct basis.

As Thomas Paine wrote at this nation's founding, "The right of voting for representatives is the primary right by which all other rights are protected. To take away this right is to reduce a man to slavery."

Only when We The People reclaim the commons of our vote can we again be confident in the integrity of our electoral process in the world's oldest and most powerful democratic republic.

Thom Hartmann (thom at thomhartmann.com) is a Project Censored Award-winning best-selling author and host of a nationally syndicated daily progressive talk show. www.thomhartmann .com His most recent books are "The Last Hours of Ancient Sunlight," "Unequal Protection: The Rise of Corporate Dominance and the Theft of Human Rights," "We The People: A Call To Take Back America," and "What Would Jefferson Do?: A Return To Democracy."

 

Glitch gave Bush extra votes in Ohio

COLUMBUS, Ohio (AP) -- An error with an electronic voting system gave President Bush 3,893 extra votes in suburban Columbus, elections officials said.

Franklin County's unofficial results had Bush receiving 4,258 votes to Democrat John Kerry's 260 votes in a precinct in Gahanna. Records show only 638 voters cast ballots in that precinct.

Bush actually received 365 votes in the precinct, Matthew Damschroder, director of the Franklin County Board of Elections, told The Columbus Dispatch.

State and county election officials did not immediately respond to requests by The Associated Press for more details about the voting system and its vendor, and whether the error, if repeated elsewhere in Ohio, could have affected the outcome.

Bush won the state by more than 136,000 votes, according to unofficial results, and Kerry conceded the election on Wednesday after acknowledging that 155,000 provisional ballots yet to be counted in Ohio would not change the result. (Full Ohio results)

The Secretary of State's Office said Friday it could not revise Bush's total until the county reported the error.

The Ohio glitch is among a handful of computer troubles that have emerged since Tuesday's elections. (Touchscreen voting troubles reported)

In one North Carolina county, more than 4,500 votes were lost because officials mistakenly believed a computer that stored ballots electronically could hold more data than it did. And in San Francisco, a malfunction with custom voting software could delay efforts to declare the winners of four races for county supervisor.

In the Ohio precinct in question, the votes are recorded onto a cartridge. On one of the three machines at that precinct, a malfunction occurred in the recording process, Damschroder said. He could not explain how the malfunction occurred.

Damschroder said people who had seen poll results on the election board's Web site called to point out the discrepancy. The error would have been discovered when the official count for the election is performed later this month, he said.

The reader also recorded zero votes in a county commissioner race on the machine.

Workers checked the cartridge against memory banks in the voting machine and each showed that 115 people voted for Bush on that machine. With the other machines, the total for Bush in the precinct added up to 365 votes.

Meanwhile, in San Francisco, a glitch occurred with software designed for the city's new "ranked-choice voting," in which voters list their top three choices for municipal offices. If no candidate gets a majority of first-place votes outright, voters' second and third-place preferences are then distributed among candidates who weren't eliminated in the first round. (E-vote goes smoothly, but experts skeptical)

When the San Francisco Department of Elections tried a test run on Wednesday of the program that does the redistribution, some of the votes didn't get counted and skewed the results, director John Arntz said.

"All the information is there," Arntz said. "It's just not arriving the way it was supposed to."

A technician from the Omaha, Neb. company that designed the software, Election Systems & Software Inc., was working to diagnose and fix the problem

Touchscreen voting troubles reported

FORT LAUDERDALE, Florida (AP) -- Voters nationwide reported some 1,100 problems with electronic voting machines on Tuesday, including trouble choosing their intended candidates.

The e-voting glitches reported to the Election Protection Coalition, an umbrella group of volunteer poll monitors that set up a telephone hotline, included malfunctions blamed on everything from power outages to incompetent poll workers.

But there were also several dozen voters in six states -- particularly Democrats in Florida -- who said the wrong candidates appeared on their touchscreen machine's checkout screen, the coalition said.

In many cases, voters said they intended to select John Kerry but when the computer asked them to verify the choice it showed them instead opting for President Bush, the group said.

Ralph G. Neas, president of People for the American Way Foundation, which helped form the coalition, called the summary screen problem "troubling but anecdotal."

He and other voting rights advocates said the disproportionate number of Democrats reporting such problems was probably due to higher awareness of voter protection coalitions.

"Overall, the problems of outright voter intimidation and suppression have not been as great as in the past," Neas said.

But the reports did highlight computer scientists' concerns about touchscreens, which they say are prone to tampering and unreliable unless they produce paper records for recounts.

Roberta Harvey, 57, of Clearwater, Florida, said she had tried at least a half dozen times to select Kerry-Edwards when she voted Tuesday at Northwood Presbyterian Church.

After 10 minutes trying to change her selection, the Pinellas County resident said she called a poll worker and got a wet-wipe napkin to clean the touch screen as well as a pencil so she could use its eraser-end instead of her finger. Harvey said it took about 10 attempts to select Kerry before and a summary screen confirmed her intended selection.

Election officials in several Florida counties where voters complained about such problems did not return calls Tuesday night.

A spokesoman for the company that makes the touchscreen machines used in Pinellas, Palm Beach and two other Florida counties, Alfie Charles of Sequoia Voting Systems Inc., said the machines' monitors may need to be recalibrated periodically.

The most likely reason the summary screen showed wrong candidates was because voters pushed the wrong part of the touch screen in the first place, Charles said.

He said poll workers are trained to perform the recalibration whenever a voter says the touchscreen isn't sensitive enough.

"Voters will vote quickly and they'll notice that they made an error when they get to the review screen. The review screen is doing exactly what it needs to do -- notifying voters what selections are about to be recorded," Charles said. "On a paper ballot, you don't get a second chance to make sure you voted for whom you intended, and it's a strong point in favor of these machines."

The Election Protection Coalition received a total of 32 reports of touch-screen voters who selected one candidate only to have another show up on the summary screen, Cindy Cohn, legal director of the Electronic Frontier Foundation, a coalition member.

David Dill, a Stanford University computer scientist whose Verified Voting Foundation also belongs to the coalition, said he wouldn't "prejudge and say the election is going smoothly just because we have a small number of incident reports out of the total population.

"It's not going to be until the dust clears probably tomorrow that we have even an approximate idea of what happened," Dill added.

Election 2004: "Sour Grapes" or Voter Fraud -- by Mike Whitney

If you believe that George Bush won last nights election "fair and square" then forget about reading this article. If you know however that tens of thousands of people who lined up for up to four hours at a time in Ohio and Florida to have their vote counted, were not standing there to endorse the aggression and suicidal policies of the current administration then read on.

The unprecedented high turnout coupled with new registrations (that were overwhelmingly in favor of John Kerry) suggest that there was foul play at the voting booths. As a result, consumer investigator and activist Bev Harris (founder of Black Box Voting) "is conducting the largest Freedom of Information action in history. On election night, Black Box Voting blanketed the US with the first in a series of public records requests, to obtain internal computer logs and other documents from 3,000 individual counties and townships."

If the Bush people are so confident in their victory let them "put up or shut up."

The fact of the matter is (as every reasonable person who hasn't been hoodwinked by the pageantry of election night fraud realizes) that the election was stolen again in full view of the American public. The Republican owned voting machines prevailed over exit poll projections and the will of the American people. If that's not the case, then let's investigate the computer logs. According to Lynn Landis' article "Could the AP rig the Election": "The Associated Press (AP) will be the sole source of raw vote totals for the major news broadcasters on Election Night.. They refused to confirm or deny that the AP will receive direct feed from voting machines and central vote tabulating computers across the country. But, circumstantial evidence suggests that is exactly what will happen.

And what can be downloaded can also be uploaded. Computer experts say that signals can travel both to and from computerized voting machines through wireless technology, modems, and even simple electricity." Landis just confirms what is already known about "sketchy" electronic voting and how it invites vote tampering. Her connection between election machinery, vote totals and the AP, however, has not previously been made. She goes on to explain that, "AP spokespeople would not give out information on who sits on their board, however AP leadership appears quite conservative."

Landis continues: "Burl Osborne, chairman of the AP board of directors, is also publisher emeritus of the conservative The Dallas Morning News, a newspaper that endorsed George W. Bush in the last election. Kathleen Carroll, senior vice president and executive editor of AP, was a reporter at The Dallas Morning News before joining AP. Carroll is also on the Associated Press Managing Editors (APME)'s 7-member executive committee. The APME "works in partnership with AP to improve the wire service's performance," according to their website. APME vice president, Deanna Sands, is managing editor of the ultra conservative Omaha World Herald newspaper, whose parent company owns the largest voting machine company in the nation, Election Systems and Software (ES&S)."

It's a cozy relationship considering that ES&S voting machines count 50% of all the votes in the country. The second largest company, Diebold, is also tied to the Republican Party and promised (in a comment by Wally Diebold that got widespread attention on the internet) to "deliver the vote" in Ohio to President Bush.

Both Wally and ES&S apparently succeeded admirably in their task of undermining the election. Many readers are probably wondering what happened to the "Help America Vote Act" that was passed by Congress to avoid the problems of Florida 2000? As Landis reports in an earlier article: "What Congress really did was to throw $2.65 billion at the states, so that they could lavish it on a handful of private companies that are controlled by ultra-conservative Republicans, foreigners and felons." (Diebold, ES&S and Sequoia were among the big winners)

None of the facts related to the presidential election add up. Voter registration went up from 105 million to 120 million. In Ohio alone it went up a whopping 17%. Whenever registration has surged like this in the past, it has always favored the challenger and precipitated a change in government. Not so, this time, and Republican pollsters are eager to convince us that the reason for this is a renewed interest among the American public for "moral values". Is that it or are the results simply an indication of massive (but well calculated) voter fraud?

The exit polling was equally skewed, showing a clear victory for Kerry. Exit polling has traditionally been a reliable way of determining the outcome of elections. Not so in Bush-world, where vote totals are invariably higher for Bush in the contentious areas that ultimately decide the election. Give strategist Karl Rove his due; he knew what had to be done and did it. The rest, of course, has been papered over by the pollsters, pimps and pundits in American press corps.

Do we need to remind ourselves that representative government can only be established by the power of the vote? It is the electoral process that confers legitimacy on government. Without a popular mandate state power can only be vindicated through force of arms. Last night American democracy was skillfully subverted and replaced with a mutant form of corporatism that operates independent of the will of the people. It's impossible to know what the long term affects of this will be, but it is a development that should greatly concern us all.