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Fri May 16 2008
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Departments Election Issues
Impossible Phantom Votes in New Mexico
by Warren Stewart
December 30, 2004
"That can't be what they really call them!" I exclaimed in amusement. But Lowell Finley, legal counsel for the Green/Libertarian recount effort in New Mexico, assured me that 'phantom vote' was indeed the common legal term for the puzzling phenomenon I had uncovered in looking at the state's canvass report. A phantom vote occurs when the number of votes recorded exceeds the number of ballots cast. Mathematically, phantom votes are merely the inverse of undervotes. Undervotes, which show up when there are less votes than ballots cast, can be accounted for more or less persuasively in one way or another but I have yet to come up with any acceptable explanation for phantoms. Much less, 2,087 of them statewide in New Mexico, just about one third of the margin of victory that determined the selection of that state's presidential electors.
In a recent Albuquerque Journal article (http://www.abqjournal.com/elex/278376elex12-24-04.htm) New Mexico Secretary of State and Canvassing Board member Rebecca Vigil-Giron is quoted as saying that phantom votes are not possible. She stressed that independent auditors had looked at the state's final canvass report and assured us that "they didn't find any irregularities like that." However, an examination of the canvass reports available at her website (http://www.sos.state.nm.us/Election/cntyindx04.html) shows that those auditors apparently missed quite a few. For example, Dona Ana County's Precinct 106, where107 absentee ballots somehow reported 325 presidential votes. Or Bernalillo Precinct 558 where in early voting the 178 ballots cast resulted in 319 presidential votes 141 phantoms. In fact, phantom votes were reported in 15 of the 33 counties.
Phantoms are not new to New Mexico. In the 1996 canvass report we find 998 phantom votes in Chaves County - an astonishing rate of 5.57%. In 2000 in Dona Ana County, N.M. 5,509 absentee ballots somehow resulted in 6,456 votes. When Denise Lamb at the Secretary of State's office was asked to explain the 947 phantom votes, she blamed "administrative lapses." But wait a minute - no one would accept that sort of "lapse" on a monthly bank statement or a sales receipt from the 7-11. Why would anyone accept it in this, "the most important election of our lives" in which "every vote will count and every vote will be counted"?
The presence of such impossible votes is bad enough, but then there's the insidious effect they have on undervote reporting. When calculating undervotes at the statewide level, each phantom vote that might appear at the precinct level cancels out an undervote and both of them disappear in the accumulated totals. The pesky nature of phantoms can be observed even more clearly by separating the precinct totals into early vote, election day and absentees voting types. For example, in Santa Fe County Precinct 43 there were10 phantom votes in early voting, and 25 undervotes on election day while absentee ballots produced two more undervotes. However, in the precinct totals these 27 undervotes and 10 phantom votes resolve into 17 undervotes, and the report shows no indication whatsoever of the phantom votes.
A recent article (http://www.courierpress.com/ecp/news/article/0,1626,ECP_734_
3425406,00.html) pointed out that New Mexico had the dubious honor of leading the nation in undervoting with a statewide rate of 2.45%. Of course, that figure was determined by simply taking the difference between the statewide totals of ballots cast and presidential votes. The 2,087 phantom votes 'disappeared' and hid an equal number of undervotes at the same time. Surely New Mexico would have left the other states in the dust if they had calculated the phantoms right. But then how many phantoms do you suppose there are lurking in the canvass reports of the other 49 states?
It seems that such questions are of little concern to Secretary of State Vigil-Giron who recently commented that "We don't spend a lot of time on undervote issues, I'm just speculating that some voters are just not concerned with the presidential race." Whether or not you find it easy to believe that more than 1 voter in every 40 decided not to vote for president this November, it hardly helps to know that, in the same election, over 2,000 votes somehow managed to be counted without a ballot being cast.
A report prepared by Ellen Theisen and Warren Stewart in support of the Green/Libertarian New Mexico recount effort along with a comprehensive
database on the 2004 New Mexico election can be downloaded at http://www.votersunite.org/info/newmexicophantomvotes.asp.
--
Warren Stewart is a musician and activist living in the San Francisco Bay Area.
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Don't forget to check out articles from 2007 and 2008Election Issues
"Ohio's official non-recount ends amidst new evidence of fraud, theft and judicial contempt mirrored in New Mexico" December 31, 2004 Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"Impossible Phantom Votes in New Mexico
" December 30, 2004 Warren Stewart
"The 2004 Presidential Election: Who Won The Popular Vote? An Examination of the Comparative Validity of Exit Poll and Vote Count Data" December 29, 2004 Jonathan D. Simon, J.D. and Ron P. Baiman, Ph.D.
"Ohio GOP election officials ducking notices of deposition as Kerry enters stolen vote fray" December 28, 2004 Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"Another third rate burglary" December 25, 2004 Richard Hayes Phillips, Ph.D.
"Hacking the vote in Miami County" December 25, 2004 Richard Hayes Phillips, Ph.D.
"Update from the Ohio Frontlines" December 24, 2004 Cynthia L. Butler, Esq.
"Lawsuit Before the Ohio Supreme Court" December 24, 2004 Summarized by Mary Anne Saucier, Columbus, Ohio
"Kerry votes switched to Bush and ballots pre-punched for Bush" December 24, 2004 Dr. Werner Lange
"Uncounted votes in Cuyahoga County" December 24, 2004 Richard Hayes Phillips, Ph.D.
"Provisional ballots in Cuyahoga County" December 24, 2004 Richard Hayes Phillips, Ph.D.
"Uncounted votes in Summit County" December 24, 2004 Richard Hayes Phillips, Ph.D.
"Uncounted votes in Hamilton County" December 24, 2004 Richard Hayes Phillips, Ph.D.
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"Ohio electoral fight becomes 'biggest deal since Selma' as GOP stonewalls" December 22, 2004 Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
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"Election results in Southwestern Ohio" December 21, 2004 Richard Hayes Phillips, Ph.D.
"Voting Rights Groups 'Block' Talk of Machine-Free Elections" December 20, 2004 Lynn Landes
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"The United States of Ukraine?: Exit Polls Leave Little Doubt that in a Free and Fair Election John Kerry Would Have Won both the Electoral College and the Popular Vote" December 19, 2004 Ron Baiman
"Certifiable election results" December 19, 2004 Richard Hayes Phillips, Ph.D.
"Sinclair Broadcasting's Long History of Journalistic and Corporate Deception" December 19, 2004 Jason Leopold
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"New Ohio voter transcripts" December 12, 2004 Free Press staff
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" December 10, 2004 Richard Hayes Phillips, Ph.D.
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"Why history demands an Ohio revote" December 10, 2004 Harvey Wasserman & Bob Fitrakis
"Ohio election fraud uproar blasting to new level" December 7, 2004 Steve Rosenfeld, Bob Fitrakis and Harvey Wasserman
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"Voter Suppression: STEALING VOTES IN OHIO URBAN AREAS (full documentation)" December 3, 2004 Richard Hayes Phillips, Ph.D.
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"Hope for the Homestretch" November 28, 2004 Paul Rogat Loeb
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"Not counting the votes" November 24, 2004 Richard Hayes Phillips, Ph.D.
"Stealing votes in Columbus" November 23, 2004 Richard Hayes Phillips, Ph.D.
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"How a Republican election supervisor manipulated the 2004 central Ohio vote, in black and white" November 23, 2004 Bob Fitrakis and Harvey Wasserman
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"Ohio Presidential Results to be Challenged" November 20, 2004 Steven Rosenfeld
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"The Public Hearings and Rally About Election Fraud in Columbus, OH this weekend, Sat. 11/13-Please pass widely!" November 12, 2004 Dr. Lora Chamberlain
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"Addressing Republican issues with John Kerry" October 1, 2004 Free Press staff
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"Nader 2000 Leaders United To Defeat Bush" September 14, 2004 Nader 2000 Leaders United To Defeat Bush
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"I'll Follow Kucinich to Kerry, Sorry Ralph" July 28, 2004 David Swanson
"Badnarik Doubles in Recent National Poll " July 28, 2004 Libertarian Party
" ‘A green world is possible’ planned in New York City during the Republican National Convention" July 28, 2004 Green Party
"An open letter to progressives: vote Kerry and Cobb" July 24, 2004 Eleven prominent progressives
"A street fighting man? How Kucinich can win" April 21, 2004 Josh Frank
"Scary, Scary John Kerry " March 25, 2004 Josh Frank
"With all deliberate stupidity: US self-isolation makes Iraq a virtual non-issue in the elections so far" March 22, 2004 Daniel Patrick Welch
"To support or not to support; the Nader question" March 16, 2004 Josh Frank
"Halliburton, VP Cheney's Former Company Faces Second Criminal Probe In Four Years " February 24, 2004 Jason Leopold
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"The Wrong Side of History " February 22, 2004 Daniel Patrick Welch
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"Bush Should Be Facing 'A Long, Hard Slog' On The Campaign Trail, But Dems Too Busy Fighting With Each Other " January 12, 2004 Jason Leopold
Related Journal articles:
"Buckeyes go south in 2004 election" December 1, 2004
"Columbus says, “George, go away!”" December 1, 2004
"The Freep gives you Moore" December 1, 2004
"Kerry won" December 1, 2004
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