Nader Calls for Vote Recount in Ohio and Elsewhere
Date: Thu, 11 Nov 2004 08:14:17 -0500

Below is the press release from today and the fact sheet. After that is
an exchange between the Kerry campaign and the Nader campaign over the
vote recount.

For Immediate Release
November 10, 2004

For Further Information
Kevin B. Zeese 202-265-4000
Amy Belanger 202-265-4000

Ralph Nader Takes on Election Day Problems

“To create a vibrant democracy we must face the irregularities in our elections – not ignore them after election day.”


Washington, DC – Over 2000 citizens including voting rights advocates are urging in writing the Nader-Camejo campaign to help make sure every vote is counted and counted accurately. The Nader-Camejo campaign does not view the election to be over merely because concession speeches, which have no legal effect, have been given. Rather they are over when every vote is counted and legally certified.

Voting-rights groups and others have identified trouble spots and anomalies in several states meriting further investigation. They are discovering what Nader warned against throughout this election: because computers are inherently subject to programming error, equipment
malfunction, and malicious tampering, paperless electronic voting machines make it impossible to safeguard the integrity of our vote. Imagine our country turning the technology and software for counting our votes over to three or four proprietary corporations. With other obstructions and manipulations, they thereby threaten the very foundation of our democracy. The Democratic National Committee website offers no response or advice to voters on where to turn. Senator John Kerry, thus far, has remained silent.

Regardless of whether it changes the electoral outcome, the Democrats should follow through on their repeated promises by the Kerry-Edwards campaign to the people to make sure every vote is counted – in Ohio and other states discovering similar problems with electronic voting machines and other irregularities. “It is imperative to find out what
changes are needed in the equipment whether superior system substitutions should be used,” Nader said. “At a minimum, the Democrats should put the state on alert to clean up its act. With the extensive pre-election effort to prevent election fraud, including international
observers, activist poll watchers and attempts to enforce paper trail backups, the Democratic Party’s silence is puzzling,” said Ralph Nader. “It needs to wake up from its week of ‘shock and awe.’”

Realities, plausibilities and rumors swirl around at times such as these. Facts must be separated from fiction if we are ever going to know what happened.

On November 5, The Nader/Camejo campaign filed a challenge seeking a hand recount of the New Hampshire ballots at the request of numerous voting rights advocates. Striking inconsistencies exist between the vote as reported on the AccuVote Diebold Machines and exit polls and voting trends in New Hampshire. These irregularities in the reported vote count
favor President George W. Bush by 5% to 15% over what was expected. Problems in these electronic voting machines and optical scanners are being reported in machines in a variety of states.

Nader says major electoral reforms are needed to ensure that every vote counts, including the most unlikely to be counted – those of third party and independent candidates’ votes. Reforms should ensure that all voters are represented through electoral reforms like instant run-off voting, binding none-of-the-above options, and proportional representation; that
non-major party candidates have a ballot access chance to run for office and participate in debates; and that public elections be publicly financed.

Ralph Nader called upon John Edwards and John Kerry to be serious about their pre-election and post-election promises: “Our offices are being flooded with faxes and e-mails asking for assistance in resolving these irregularities – a lot of them are citizens who voted for you. You must now take action to give our nation the fair accounting it deserves from the 2004 election and to protect democratic processes in future elections. Although your party extended considerable funds and manpower to unconstitutionally drive us off the Ohio ballot, in the spirit of good government, I urge you to make this effort now.”

--------------------------------


Fact Sheet 2004 Election

Widespread reports of votes uncounted due to machine failure, absurdly
long lines, voter suppression, voting rules being capriciously applied,
and other irregularities. There are also reports of striking
inconsistencies between the vote as reported on optical scan vote
counting machines and exit polls.

The Nader-Camejo campaign has received more than 2,000 faxes and e-mails
asking for help investigating and challenging these irregularities.
- In his introductory remarks to John Kerry’s concession statement, John
Edwards said, “In America it is vital that every vote count, and that
every vote be counted.” The Nader-Camejo campaign challenges Democrats
to stand behind this principle.

- Nader-Camejo has requested a hand recount of the vote in New Hampshire
because of reports of anomalies favoring President Bush in towns that
used the Diebold AccuVote optical scan machines. We are examining the
evidence in other states as well.

- Regardless of whether investigations show a changed outcome in the
Presidential election, paperless voting machines threaten democracy.
Every voting system includes a key component, called the ballot
definition file (BDF), that is never subjected to an outside review or
independent audit and undergoes very little testing. BDFs tell the
voting machine software how to interpret a voter's touches on a screen
or marks on an optical scan ballot (including absentee ballots), how to
record those selections as votes, and how to combine them into the final
tally.

Examples of machine irregularities:

­ In Columbus, Ohio – Elections officials admitted that a voting machine
cartridge error gave Bush 4,258 votes and John Kerry with 260 in a
Gahanna precinct 1B where only 638 voters cast ballots and only 365
people voted for Bush.

­ In Cuyahoga County, Ohio – 29 precincts cumulatively reported 93,000
more votes than voters.

­ In Broward County, Florida – Election officials noticed at the end of
the day that the numbers of votes cast had gone down, not up. Officials
found their software could handle only 32,000 votes per precinct before
counting backward. The glitch affected 97,434 absentee ballots.

­ In Jacksonville, N.C. – More than 4,500 votes were lost in one North
Carolina County because officials believed a UniLect Corp. computer set
to handle only 3,005 votes could handle 10,500. Expecting the greater
capacity, the county used only one unit during the early voting period.
Officials said 3,005 early votes were stored, but 4,530 were lost and
there is no way to retrieve the missing data.

Voting Problems in Ohio

- Warren County, Ohio – The county administration building was locked
down on election night and observation of the vote count blocked (no
other Ohio County closed off its elections board).

- Lake County, Ohio. Some voters received a memo on bogus Board of
Elections letterhead informing voters who registered through Democratic
and NACCP drives that they could not vote. Election officials referred
the matter to the sheriff.

- Before Election Day, Ohio Secretary of State J. Kenneth Blackwell (a
Republican who co-chairs President Bush’s statewide campaign) was
challenged by voters-rights organizations for denying citizens their
voting rights on the basis of a rule (later rescinded) requiring voter
registration forms be printed on 80 pound paper stock. Voter
registration forms were submitted on newsprint in Cuyahoga County after
being printed in the (Cleveland) Plain Dealer.

- Mahoning County. The glass on top of one electronic screen was too far
from the screen, making it difficult for people to use their fingers to
cast ballots. A screen went blank on a Youngstown voter while he cast
his ballot. Also, in Mahoning County. 20 to 30 machines that needed to
be recalibrated during the voting process because some votes for a
candidate were being counted for that candidate's opponent. About a
dozen machines needed to be reset because they essentially froze.

- Cincinnati. Problems with punch card voting machines delayed the start
of voting for up to an hour Tuesday morning at a suburban precinct.
Voters were unable to slide their punch-card ballots all the way into
any of the six voting machines that had ALL evidently been damaged in
transit.

- In Columbus, Ohio, overcharged batteries on Danaher Controls
ELECTronic 1242 systems kept machines from booting up properly at the
beginning of the day. The resulting delays, combined with higher voter
turnout, resulted in lines of several hours – in one case, 22 hours –
led to some citizens’ voting rights being taken away by administrative
default.

This is not new. Serious problems with electronic voting were reported
in 2000 and 2002, including
o New Mexico, Nov. 2000 – 67,000 absentee and early-voting ballots were
counted incorrectly.

o Texas, April 2002 – A difference in ballot data on different machines
resulted in miscounts in 18 races.

o Florida, Sept. 2002 – 2,642 Democratic and Republican votes were
counted as Republican.

o North Carolina, Nov. 2002 – 5,500 party-line votes, both Republican
and Democrat, were uncounted.

o A national voting rights group - Count Every Vote 2004 -- documented
hundreds of voting irregularities affecting poor and minority voters in
seven Southern states — from long lines and faulty equipment to
deliberate voter intimidation. The group listed a shortage of early
voting locations in Duval County, Fla., the largest county in Florida in
area and voting-age population, the failure of electronic voting
machines in three South Carolina counties, and the loss of votes at a
North Carolina precinct when too much information was stored on a
computer unit.

Regardless of whether it changes the outcome, the Democrats should
follow through on their promise to make sure every vote counts. It is
imperative to find out whether changes are needed in the equipment. At a
minimum, the Democrats should put the state on alert to clean up its
act. Major electoral reforms are needed to ensure that every vote
counts, including the most unlikely to be counted – third party and
independent candidates’ votes. Reforms must ensure that all voters are
represented through electoral reforms like instant run-off voting,
binding none-of-the-above options, and proportional representation; that
non-major party candidates have a chance to run for office and
participate in debates; and that elections be publicly financed.

--------------------
Senator John Kerry’s spokesperson Adam Stone’s responded to a press
query about Ralph Nader’s call on the Kerry-Edwards campaign to make
sure every vote is counted, especially in Ohio, saying:

"Far from remaining silent, John Kerry and John Edwards days agodemanded
that every vote be counted in this election, and built the
17,000 lawyer election team around the country that is ensuringthat
every American's right to vote is protected. Why does Ralph Nader
want to create a phony wedge issue between progressives when he should
be working with Democrats to guarantee the right to vote is protected?"

Nader-Camejo responds – this is old news – pre-Election Day. We now,
after November 2, 2004, call on Senator Kerry and Senator Edwards to
renew their commitment to ensure every vote is counted accurately, last
made on the day they conceded the presidency to George W. Bush. Since
that time they have remained silent on the problems in the counting of
the vote despite increasing evidence of anomalies in the vote results
favoring President Bush. Kerry-Edwards should use some of those 17,000
lawyers for good purposes – after using them for the constitutional
crime of preventing voters from having the opportunity to vote for
Nader-Camejo with their phony ballot access challenges – and
aggressively challenge the results in states where issues have come to
the forefront. Rather than creating a wedge between progressives the
Nader-Camejo campaign is standing for the proposition that every vote
must be counted. We continue to urge Kerry-Edwards to join us in this
effort.

---------------------
Published on Wednesday, November 10, 2004 by CommonDreams.org

A Note On The Presidential Election in Ohio
by Congressman Dennis Kucinich

The 2004 presidential election was determined by the results of Ohio. The unofficial result, as reported on November 3, had George Bush with approximately 136,000 more votes than John Kerry. Senator Kerry conceded the election to President Bush. He also said every vote would be counted.
I have been vigilant in monitoring Ohio's election in 2004. Attorneys from my party closely monitored the election before and during election day. While there were some incidents of voter intimidation noted by the attorneys, most if not all cases were resolved at the scene because of quick action by challengers, witnesses, the Kerry campaign, and volunteers from other campaigns including my own.

The unofficial count gave Ohio to George Bush by approximately 136,000 votes. The official count by county Boards of Election will begin on Saturday, November 13, 2004. It is due at the Secretary of State's office by December 1. The Secretary of State must certify the election by December 3.

During this interim period, attorneys from both political parties, and those representing me, will be watching the procedures by county Boards of Elections carefully. Among the most important issues to note is the counting of the overvotes. Overvotes occur when more than one candidate is indicated on the punch card. Another issue relates to whether all properly cast provisional ballots will be counted.

My constituents have also brought other issues to my attention. In an effort to provide appropriate government oversight, I am reviewing every issue and bringing them to the attention of attorneys, congressional authorities, party officials, or Boards of Elections, as appropriate. I want to assure my constituents and others who have contacted me with their concerns, that I am paying c lose attention to this important period of time between the initial results and the official vote tabulation and will not hesitate to take appropriate legal action where supported by facts.

Serious problems surfaced in this election that must be addressed at the state and national level. Some were inefficiencies in handling the massive turn out. No citizen should have to wait for hours to vote, or worry whether their vote was actually counted.

Glitches in electronic voting in the Columbus area should move all legislatures to demand paper receipts for voting machines. Without such a paper trail, no true recount can ever be done. Note that no Diebold electronic voting machines were employed in Ohio.

Clear efforts at voter suppression and intimidation were well handled by the courts and election officials. Dirty tricks occurred across the state, including phony letters from Boards of Elections telling people that their registration through some Democratic activist groups were invalid and that Kerry voters were to report on Wednesday because of massive voter turnout. Phone calls to voters giving them erroneous polling information were also common. Attempts to subvert our right to fair elections must be investigated and prosecuted when possible.

With passion running so high in this country and specter of Florida 2000 still hanging over the presidential voting process, it is important to gather hard evidence prior to disputing the legitimacy of the election.

Meanwhile, it is obvious that the Help America Vote Act of 2002 needs to be refined. Arduous voter identification rules unfairly penalize the poor, lead to a violation of rights and defeat the intent of the act.

The official tabulation of votes for Ohio will begin on Saturday and will include four categories not reflected in the unofficial count: provisional ballots, late absentee ballots, overseas military and overseas civilian.

If the difference between George Bush and John Kerry is less than one quarter of one percent after the official tally is completed (about 16,000 votes) an automatic recount occurs under Ohio law.

If the margin is greater than one quarter of one percent, a candidate can request a recount at an expense to the candidate of $10 per precinct. Because there are approximately 12,000 precincts in Ohio, the recount would cost about $120,000, before legal fees. A recount would entail a visual inspection of every punch card ballot.

I believe we must pursue every lead which raises questions about the integrity of the electoral process. Our work may not change the outcome, but it will demonstrate that beyond our commitment to our candidates, we have a higher commitment to our democracy.


-------------------------

Latest Conspiracy Theory -- Kerry Won -- Hits the Ether

By Manuel Roig-Franzia and Dan Keating
Washington Post Staff Writers
Thursday, November 11, 2004; Page A02

MIAMI, Nov. 10 -- The e-mail subject lines couldn't be any bigger and bolder: "Another Stolen Election," "Presidential election was hacked," "Ohio Fraud."

Even as Sen. John F. Kerry's campaign is steadfastly refusing to challenge the results of the presidential election, the bloggers and the mortally wounded party loyalists and the spreadsheet-wielding conspiracy theorists are filling the Internet with head-turning allegations. There is the one about more ballots cast than registered voters in the big Ohio county anchored by Cleveland. There are claims that a suspicious number of Florida counties ended up with Bush vote totals that were far larger than the number of registered Republican voters. And then there is the one that might be the most popular of all: the exit polls that showed Kerry winning big weren't wrong -- they were right.

Each of the claims is buoyed by enough statistics and analysis to sound plausible. In some instances, the theories are coming from respected sources -- college engineering professors fascinated by voting technology, Internet journalists, election reform activists. Ultimately, none of the most popular theories holds up to close scrutiny. And the people who most stand to benefit from the conspiracy theories -- the Kerry campaign and the Democratic National Committee -- are not biting.

"At this point the number of irregularities brought to our attention is not going to change the outcome of the election," said DNC spokesman Jano Cabrera. "The simple fact of the matter is that Republicans received more votes than Democrats, and we're not contesting this election."

The Ohio vote-fraud theory appears to stem from the curious ways of the Cuyahoga County Board of Elections. During even-numbered years the county's canvassing board posts vote totals that include the results from outside the county from congressional districts that spill over Cuyahoga's borders. The quirk made it look as if the county had 90,000 more votes than voters.

The disparities were spotted, and urgent mass mailings began: "Ohio precincts report up to 1,586% turnout . . . 30 Precincts in Ohio's Cuyahoga County report 'over' 100% turnout!" Later, the county added a disclaimer to its Web site in an attempt to explain the numbers.

"It takes me about three times to explain" why the fraud allegation is untrue, said Kimberly Bartlett, community outreach specialist for the Cuyahoga County Board of Elections. "You have to ask them why no top Democrat is making these charges."

There also have been reports of more votes counted than voters in some counties in Florida and North Carolina. Steve Ansolabehere of the Caltech-MIT Voting Technology Project said the preliminary results do not add up. "We'll see if there's anything dramatic or widespread once we see the full certifications come in," he said.

The Florida case is more nuanced than the Ohio voting battle. Numerous bloggers have noted that President Bush's vote totals in 47 Florida counties were larger -- in some cases much larger -- than the number of registered Republican voters in the same counties. A widely distributed piece on Consortiumnews.com said the results "are so statistically stunning that they border on the unbelievable."

The article's main numbers are correct. But the central premise -- that there is something suspicious about Bush getting more votes than the number of registered Republicans in rural counties, which use paper ballots -- may not be suspicious at all.

It is does not account for thousands of independents or for voters who do not list party affiliation. It is also common for Florida Democrats, particularly the "Dixiecrats" in the northern reaches of the state and the Panhandle, to vote for Republicans, a pattern that is repeated in much of the Deep South.

"Florida has always been the land of the Dixiecrats," said Walter R. Mebane Jr., a professor of government at Cornell University who specializes in voting issues. "In Florida, as you go north, you go south."

Despite its apparent flaws, the Florida theory raises some interesting questions. For instance, a further look at Florida voting patterns shows that the number of counties with more Bush votes than registered Republicans jumped from 32 in 2000 to 47 in 2004. Bush's improved performance might be explained by Al Gore, a southern moderate, having had more appeal to Dixiecrats four years ago than Kerry, who is from Massachusetts, did in this election.

The theories on exit polls are even more slippery. Because the early exit polls that were leaked and caused so much excitement among Democrats are not publicly distributed, the criticisms have not been based on statistics. Instead there are comments such as those from Zvi Drezner, a professor at the California State University at Fullerton business and economics school, who wrote that "the exit polls did not 'lie' " and described "a gut feeling that the machines did not report the correct count."

Many voting experts say the theory that the exit polls were correct is deeply flawed because the polls oversampled women. MIT political scientist Charles Stewart III also has said focusing solely on the early polls favoring Kerry in Ohio and Florida is the wrong approach because exit polls in some Democratic-leaning states tilted toward Bush, evening out the national picture.

The U.S. Justice Department, which handles complaints fielded by a bipartisan commission formed after the 2000 election chaos, said the allegations of vote buying and voter-registration fraud were no different than the pattern of previous elections. But other sources are documenting huge numbers of complaints. Verified Voting, a group formed by a Stanford University professor to assess electronic voting, has collected 31,000 reports of election fraud and other problems, but nothing that would overturn the Nov. 2 outcome.

Still, messages posted on the aptly named Quixotegroup discussion cluster -- which takes its name from the literary figure Don Quixote who used his lance to tilt against windmills -- urged members to send fraud evidence to the law firm of Kerry's brother, Cameron Kerry, to persuade the Democratic candidate to "unconcede."

A high-ranking Democrat, mindful of balancing respect for the complainers and a desire to move on, summed up the conspiracy theorists with a line from Alexander Pope: "Hope springs eternal in the human breast."

Keating reported from Washington. Staff writers Paul Farhi and Susan Schmidt in Washington contributed to this report.

-------------------