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Tue Feb 09 2010
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Departments Election Issues
Uncounted votes in Montgomery County
by Richard Hayes Phillips, Ph.D.
December 10, 2004
I give my heartfelt thanks to Steven Elias for
obtaining the precinct canvass data and producing the
spread sheets that made it possible for me to write
this report in a timely manner.
A 14-page letter dated December 2, 2004 from four
Members of Congress to J. Kenneth Blackwell, Ohio
Secretary of State, and posted online at
http://www.spidel.net/ohblackwellltr12204.pdf
contains many disturbing allegations concerning the
presidential election in Ohio. Here is an excerpt:
“According to post election canvassing, many ballots
were cast without any valid selection for president.
For example, two precincts in Montgomery County had an
undervote rate of over 25% each ? accounting for
nearly 6,000 voters who stood in line to vote, but
purportedly declined to vote for president. This is
in stark contrast to the 2% of undervoting
county-wide. Disturbingly, predominantly Democratic
precincts had 75% more undervotes than those that were
predominantly Republican. It is inconceivable that
such a large number of people supposedly did not have
a preference for president in such a controversial and
highly contested election.”
To examine this allegation, I have utilized the
precinct by precinct canvass data for the 2004
election, as I have done for other counties where such
records have been made available. For Montgomery
County, I had Steven Elias provide an extra column on
his spreadsheet, subtracting the total votes for
president from the total ballots cast, on a precinct
by precinct basis.
Shortly after the election I obtained from the website
of the Ohio Secretary of State the data I needed to
make a statewide compilation on a county by county
basis of the uncounted votes, exclusive of provisional
ballots. These data have since been taken down from
said website. I present them here.
Montgomery County
Registered Voters 391,914
Ballots Cast 279,801
Votes Counted 274,147
Votes Uncounted 5,654
Provisional Ballots 9,227
John F. Kerry 138,262
George W. Bush 134,716
Other candidates 1,169
Thus, according to the Ohio Secretary of State’s own
data, the countywide percentage of uncounted votes,
exclusive of provisional ballots, was 2.02%.
The Montgomery County Board of Elections has provided
its precinct canvass records dated November 22, 2004.
These include the counting of provisional ballots:
Montgomery County
Registered Voters 391,914
Ballots Cast 287,635
Regular 258,337
Absentee 29,298
John F. Kerry 142,977
George W. Bush 138,361
Other candidates 1,214
By comparing the two counts, one may deduce that 7,834
provisional ballots have been ruled valid and counted,
and 1,393 provisional ballots have been ruled invalid
and not counted, though hopefully not discarded. Of
these 7,834 provisional ballots, 4,715 were cast for
Kerry, 3,645 for Bush, and at least 45 for other
candidates, excluding write-ins.
Already we have a discrepancy. 8,405 new votes have
been counted, and 1,393 have not been counted, which
works out to 571 more than the number of provisional
ballots, 9,227, reported by the Ohio Secretary of
State. If these 571 newly counted votes came from the
5,654 previously uncounted regular ballots, that
should leave 5,083 regular ballots uncounted. The
Montgomery County canvass records indicate that 5,085
ballots remain uncounted. Thus there are 569 newly
counted regular ballots, and we may never know in
which precincts these ballots were cast.
This brings us to the central question of this study:
Where did the uncounted regular ballots come from?
Dayton Ward 13, Precinct C, had the most uncounted
regular ballots, 37 in all, or 7.0% of the 525 ballots
cast. Dayton Ward 14, Precinct A, had the highest
percentage of uncounted ballots, 15.6%, or 7 of 45
ballots cast. Here is a table of the precincts with
the highest percentages of uncounted ballots:
PRECINCTS WITH 4.0% OR MORE UNCOUNTED BALLOTS
Precinct Ballots Cast Uncounted Bush Kerry
DAYTON 14-A 45 7 15.6% 14 23
DAYTON 3-L 295 25 8.5% 10 260
DAYTON 21-B 122 10 8.2% 2 109
DAYTON 22-C 293 22 7.5% 8 263
DAYTON 21-D 459 34 7.4% 24 400
DAYTON 19-D 277 20 7.2% 8 249
DAYTON 13-C 525 37 7.0% 19 468
DAYTON 13-E 245 17 6.9% 5 223
DAYTON 14-B 139 9 6.5% 5 125
TROTWOOD 2-C 497 31 6.2% 59 406
TROTWOOD 2-G 309 19 6.1% 22 268
DAYTON 4-I 398 24 6.0% 63 311
DAYTON 6-G 501 29 5.8% 17 453
DAYTON 8-F 348 20 5.7% 145 177
DAYTON 6-A 418 24 5.7% 23 371
DAYTON 17-E 325 18 5.5% 52 253
DAYTON 14-I 528 29 5.5% 35 463
DAYTON 16-G 510 28 5.5% 39 443
DAYTON 21-A 549 30 5.5% 52 464
HARRISON A 415 21 5.1% 149 242
DAYTON 7-G 204 10 4.9% 15 178
DAYTON 5-B 250 12 4.8% 20 218
DAYTON 5-E 499 23 4.6% 34 438
DAYTON 5-D 262 12 4.6% 8 242
TROTWOOD 4-E 488 22 4.5% 38 427
DAYTON 19-H 335 15 4.5% 13 306
DAYTON 16-B 606 27 4.5% 39 539
DAYTON 18-F 292 13 4.5% 19 260
DAYTON 5-I 269 12 4.5% 5 252
DAYTON 6-C 499 22 4.4% 19 454
DAYTON 8-I 431 19 4.4% 195 209
DAYTON 5-F 500 22 4.4% 63 412
DAYTON 15-C 618 27 4.4% 35 552
DAYTON 15-D 550 24 4.4% 18 507
DAYTON 2-E 619 27 4.4% 187 401
HARRISON H 391 17 4.3% 79 294
DAYTON 7-C 231 10 4.3% 10 209
DAYTON 16-H 324 14 4.3% 21 289
DAYTON 1-G 395 17 4.3% 121 256
DAYTON 4-E 353 15 4.2% 103 231
DAYTON 14-C 330 14 4.2% 8 306
DAYTON 15-G 356 15 4.2% 18 323
DAYTON 6-I 263 11 4.2% 9 243
DAYTON 14-H 366 15 4.1% 5 346
TROTWOOD 2-E 518 21 4.1% 74 422
DAYTON 4-J 421 17 4.0% 91 309
DAYTON 17-C 324 13 4.0% 34 277
The data presented above does not include absentee
ballots, which are not broken down by precinct.
Montgomery County
Absentee ballots cast 29,298
George W. Bush 14,302
John F. Kerry 14,180
Other candidates 120
Absentee ballots uncounted 696
Thus there are 696 uncounted absentee ballots (2.38%
of 29,298), and 4,387 uncounted regular ballots (1.70%
of 258,337) in Montgomery County. These, along with
any uncounted provisional ballots, need to be examined
by hand during the recount. The same holds true for
every other county in Ohio.
The strikingly partisan distribution of the uncounted
ballots is nothing short of shocking. There are 588
precincts in Montgomery County. As the above table
shows, the percentage of uncounted ballots is 4.0% or
more in 47 precincts, and every single one of these
precincts was won by John Kerry, nearly all of them by
overwhelming margins. Only two were even close.
Altogether, in these 47 precincts, Kerry won 14,871
votes to 2,032 for Bush, a margin of 7 to 1. In these
47 precincts there are 920 uncounted regular ballots,
or 21.0% of the county wide total. In the other 541
precincts in Montgomery County, among which the
uncounted regular ballots are distributed at a rate of
6.4 per precinct, Kerry won 128,106 votes to 136,329
for Bush. Thus, 21.0% of the uncounted regular
ballots are in 8.7% of the precincts that accounted
for 6.0% of the votes in the county.
In these 47 precincts, which went for Kerry by a
margin of 7 to 1, the “spoilage” rate of regular
ballots was 5.16%, compared to 1.31% for the rest of
the county, and 1.70% for the whole of the county.
There is an old political adage which says that only a
close election can be stolen. In a close election,
uncounted ballots can make all the difference.
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