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Departments Election Issues What are they hiding in New Mexico? by Warren Stewart, National Ballot Integrity Project January 18, 2005 In the shadow of overwhelming irregularities in the Ohio’s election, New Mexico has played out it’s own post-election drama almost unnoticed by anyone outside the state. Even before the November 2, New Mexico had been in the news for reports of malfunctioning voting machines and other problems. Hundreds of incidents were reported on Election Day. The state got some national attention for once again leading the nation in undervote rate. All this coupled with a small margin of victory in the presidential race (just 3/4 of 1%) led to concern about the accuracy of the results. Soon after the November 23 certification of New Mexico’s election results, the Green and Libertarian presidential candidates requested a recount and deposited the $108, 000 required by the New Mexico State Code. By the middle of December over a thousand volunteers had been organized to act as observers and coordinators for the recount. On December 15, the State Canvassing Board granted the request for a recount, but also demanded that the recount advocates would be required to come up with $1.4 million by 10 a.m. the next day in order to proceed. That demand was contrary to New Mexico law as there is no legal requirement that candidates pay the full cost of a recount in advance, nor any way to accurately estimate the cost of a recount before it is completed. Recount proponents went to court to have the $1.4 million charge dropped. On December 17, a New Mexico court reaffirmed the decision of the Canvassing Board and on December 23 the New Mexico Supreme Court upheld the $1.4 Million demand. Around this time the Greens and Libertarians offered a compromise in which they would pay in advance for a recount of 10% of the state's precincts, and then seek a full recount only if the results warranted it. Governor Bill Richardson repeatedly rejected this offer. In spite of this, Secretary of State Rebecca Vigil-Giron suggested last week that because recount advocates had never presented her with a list of 10% of the precincts she was sending a letter to county clerks giving them permission to clear the memory logs of the voting machines (http://www.abqjournal.com/elex/apmachines01-13-05.htm). But she and the Governor had never accepted the compromise and never requested the list of precincts. Saturday’s court decision to deny a temporary restraining order to protect the machine memory and the process of erasing that began in several counties immediately results in a forced electoral amnesia that precludes any chance of verifying the election data. In the case of the paperless voting machines used in 82% of the state on Election Day, the only record that remains is the certified canvass report. But that canvass report is riddled with anomalies. In comparing the number of ballots cast (that is, the number of voters who signed the poll books or submitted an absentee or provisional ballot) with the total number of presidential votes in any precinct, there turn out to be three possibilities. There can me more ballots cast than total votes for president (these are called undervotes), the same number of votes counted as ballots cast (I’ll call those zero-undervotes), and alarmingly there is also the situation where the number of presidential votes exceeds the number of ballots cast (these are called ‘phantom votes’). Since these are all mutually exclusive results, it is extraordinary to find excessively high rates of all of three in the same state for the same contest, but that’s what happened in New Mexico according to the canvass report. In 2004 New Mexico once again led the nation in undervote rate. According to the canvass report, 1 in every 37 ballot casts, 21,084 voters, did not cast a vote for any presidential candidate. On Election Day the rate was nearly 1 in 20 voters with 92 precincts reporting undervote rates over 10%. In spite of this, the New Mexico Secretary of State seems surprisingly unconcerned, commenting recently that she “doesn't spend a lot of time on undervote issues," going on to speculate that "some voters are just not concerned with the presidential race." (http://www.knoxstudio.com/shns/story.cfm?pk=MISCOUNT-FINAL-12-22-04&cat=AN) Had she spent more time on undervote issues, she may have noticed that 77% ballots with presidential undervotes statewide were cast on push button voting machines – the ones without a paper trail, the ones that are now being erased. Further, in precincts that used optical scan machines for Early Voting and push button electronic machines on Election Day, the undervote rate on Election Day was almost six times higher. Somehow the unconcerned voters managed to live predominately in counties using electronic voting machines and chose to express their lack of concern on those machines. But something must have gotten them to the polls. The large number of zero undervote situations in the state provides a way of determining whether to blame undervotes on the voters or the machines. In spite of New Mexico’s distinction of leading the nation in undervote rate, over half of the precincts in the state reported zero presidential undervotes at some stage of voting, with over half of the absentee precincts reporting zero undervotes. By examining the undervote rate in down ticket contests on ballots that all contain presidential votes, it is possible to determine a normal undervote rate for each of the other statewide races, bond questions and amendments. If high presidential undervote rates indicate voters' lack of interest in the presidential contest as the Secretary of State maintains, one would expect the undervote rates in down-ticket contests to remain roughly the same regardless of the presidential undervote rate, but they do not. A comparison of the normal rates to down-ticket rates in situations where there were presidential undervotes showed that the down-ticket rates increase by an amount that parallels the presidential undervote rate. The presidential undervote went from zero to 3.5%, the congressional undervote rate went from 1.8% to 5.3%, the justice's races went from 4.9% to 8.2%, the bonds and amendments from 14% to 17 1/2% - they all increased by the same amount that the presidential undervotes increased. This analysis strongly suggests that most of the 21,084 undervotes in the presidential election do not reflect unconcerned voters, but rather it suggests that the voting machines may have lost entire ballots. You can blame the voters or you can blame the machines. Outgoing Director of the Bureau of Elections Denise Lamb, among other explanations she has offered, has blamed undervotes on the phenomenon of ‘fled’ voters – voters who enter the voting booth and then decide not to vote. At the same time there is compelling evidence that many machines may have failed to count votes. The only way to resolve the question of whether those votes were counted or not is through a meaningful recount in which the memory logs of the machines is examined. The Secretary of State has now eliminated the possibility of resolving that question by ordering the clearing of the machines. And then there is the troubling phenomenon of phantom votes – cases in which the number of votes exceeds the number of ballots cast. The canvass report reveals 2,087 presidential phantom votes and over 13,000 in other contests on the ballot. The Secretary of State has maintained that phantom votes are not possible. While logically I would have to agree with her, the fact remains that the certified results report that in Early Voting in one Bernalillo County precinct, 178 ballots cast resulted in 319 presidential votes and that voters in one precinct in Dona Ana County apparently cast an average of 2 1/4 absentee ballots. In fact, presidential phantom votes were reported in 15 of the 33 counties and they appear down ticket as well. In one precinct in San Juan County 318 voters somehow managed to register 2,161 votes, 2,079 of them to incumbent county clerk Fran Hanhardt and just 82 for her opponent Glojean Todacheene. San Juan County was the first to announce its intention to clear the memory on their voting machines, initially disregarding the legal requirement of notifying all of the political parties involved in the election. Since November 2, many have dismissed the situation in New Mexico as irrelevant. With only five electoral votes it couldn’t have effected the election or, as I’ve heard too often, “It wouldn’t have changed the outcome, so who cares?” Well it’s true that 140 votes would not have effected the outcome and the San Juan county clerk won the election that she was in charge of running by a comfortable margin, but it makes you wonder about the rest of the precincts. In fact, the canvass report cannot be considered an accurate record of the will of the people of New Mexico as expressed on November 2. Why have Governor Richardson, Secretary of State Vigil-Giron, and Chief Justice Maes opposed a recount? -- Warren Stewart is a researcher and advocate for National Ballot Integrity Project. The data from the certified canvass report is available in an Excel file at http://www.votersunite.org/info/newmexicophantomvotes.asp. The research he has done with Ellen Theisen of VotersUnite.org is detailed in The Summary Report on the New Mexico Election Data available at the same site. The official canvass report of the 2004 New Mexico General election can be downloaded from the Secretary of State’s site. Email this article to a friend |
Don't forget to check out articles from 2007 and 2008
"An open letter to the Election Assistance Commission"
December 25, 2005
John Gideon, Executive Director of VotersUnite.Org and Information Manager for VoteTrustUSA.Org
"Diebold hack proven in county test!"
December 17, 2005
Glenn Yeagley
"Diebold Inc. in a tailspin after resignation of CEO and filing of a class action fraud lawsuit"
December 17, 2005
VelvetRevolution.us
"Orr thinks machines make voting simpler, more secure "
December 17, 2005
Mario Bartoletti
"Diebold "hack test" - Sec. State / Black Box Lawyer square off"
December 10, 2005
Black Box Voting
"With new legislation, Ohio Republicans plan holiday burial for American Democracy"
December 6, 2005
Bob Fitrakis & Harvey Wasserman
"Important daily voting news"
December 4, 2005
John Gideon
"Poll shock"
November 24, 2005
Robert C. Koehler, Tribune Media Services
"Ohio's Diebold Debacle: New machines call election results into question"
November 24, 2005
Bob Fitrakis & Harvey Wasserman
"Diebold attempts to evade election transparency laws"
November 20, 2005
Matt Zimmerman
"Supreme Court stabs another GOP knife into US democracy by upholding ex-felon vote ban"
November 16, 2005
Bob Fitrakis and Harvey Wasserman
"Has American Democracy died an electronic death in Ohio 2005's referenda defeats?"
November 11, 2005
Bob Fitrakis and Harvey Wasserman
"What John Kerry definitely said about 2004’s stolen election and why it's killing American democracy"
November 10, 2005
Bob Fitrakis & Harvey Wasserman
"Scrap the "secret" ballot - return to open voting"
November 5, 2005
Lynn Landes
"Clarification of NEDA's withdrawal of Ohio exit poll paper"
November 5, 2005
Kathy Dopp
"Clarification of NEDA's withdrawal of Ohio exit poll paper"
November 3, 2005
Kathy Dopp, National Election Data Archive
"Watergate-style money laundering indictments stoke Ohio's stolen election fires"
October 28, 2005
Bob Fitrakis & Harvey Wasserman
"Powerful Government Accountability Office report confirms key 2004 stolen election findings"
October 26, 2005
Bob Fitrakis & Harvey Wasserman
"Did you erase your own vote?"
October 25, 2005
Warren Stewart, Director of Legislative Issues and Policy, www.VoteTrustUSA.org
"Why can't the left face the Stolen Elections of 2004 & 2008?"
October 18, 2005
Bob Fitrakis and Harvey Wasserman
"Carter/Baker Report can't face how the GOP stole America's 2004 election & is rigging 2008"
September 20, 2005
Bob Fitrakis & Harvey Wasserman
"Two Steps Forward, One Step Back"
September 20, 2005
Warren Stewart, Director of Legislative Issues and Policy, VoteTrustUSA
"FEMA Chief Brown Paid Millions in False Claims to Help Bush Win Fla. Votes"
September 19, 2005
Jason Leopold
"Ohio recount lawsuit set for trial; election workers indicted"
September 4, 2005
Blair Bobier
"Ohio Governor's ethics violations expose money trail to stolen 2004 election"
August 30, 2005
Bob Fitrakis & Harvey Wasserman
"Diebold's failure in California"
August 7, 2005
John Gideon, Information Manager, www.VotersUnite.Org and www.VoteTrustUSA.Org
"Did the GOP steal another Ohio Election?"
August 5, 2005
Bob Fitrakis and Harvey Wasserman
"Conyers-Kaptur seek special counsel for Noe probe"
August 4, 2005
John Conyers, Jr. and Marcy Kaptur
"Dramatic new charges deepen link between Ohio's "Coingate," Voinovich mob connections, and the theft of the 2004 election"
July 29, 2005
Bob Fitrakis & Harvey Wasserman
"None dare call it stolen - Ohio, the election, and America's servile press"
July 24, 2005
Mark Crispin Miller, summarized by Mary Anne Saucier, Columbus, Ohio
"Civic Engagement and the Restoration of Community from a voter activist’s view"
July 19, 2005
Terri Zins
"My report from Hocking County, July 5, 2005: An update on Sherole Eaton's unfolding Story"
July 7, 2005
Victoria Parks, Ohio Backbone Campaign
"Handbook for Ohio Voter Activists, Version 2.0"
July 7, 2005
Various activists
"Direct testimony: Presented to Election Assessment Hearing"
July 4, 2005
Richard Hayes Phillips, Ph.D.
"Log Cabin Republicans in Ohio"
July 4, 2005
Richard Hayes Phillips, Ph.D.
"With a limp election theft report, Dems prove why they're unworthy"
June 28, 2005
Harvey Wasserman and Bob Fitrakis
"Voting problems and uncounted votes in Lucas County, Ohio"
June 28, 2005
Justine Smith
"The DNC 2004 Election Report: An indictment of incompetence"
June 25, 2005
Steven Rosenfeld and Bob Fitrakis
"Corporate control of the election process"
June 22, 2005
John Gideon
"Introduction: Did George W. Bush steal America's 2004 election?"
June 16, 2005
Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"Voter Confidence Committee Calls For Rejection of CA Special Election"
June 16, 2005
Dave Berman
"Activists from 25 states lobby for paper ballots on June 9 and 10"
June 10, 2005
VoteTrustUSA.org
"Fear of riffraff"
June 10, 2005
Robert C. Koehler, Tribune Media Services
"Electoral Politics and the War: Lessons from 2004 and What the Anti-War Movement Should do in 2006"
June 8, 2005
Kevin Zeese
"Optical scan machines hacked in Florida"
June 2, 2005
Black Box Voting
"Does ES&S really want to sell the Automark machines?"
May 28, 2005
John Gideon
"Attack on election board whistleblower and leaked Blackwell threats re-fire Ohio's election theft scandal"
May 23, 2005
Bob Fitrakis and Harvey Wasserman
"Franklin County, Ohio Election Procedures – April and May 2005"
May 6, 2005
Paddy Shaffer
"Carter Gets It – But Will His Electoral Commission?"
April 24, 2005
Kevin Zeese and Linda Schade
"Voter Perceptions and Political Deceptions: Federal, Ohio and Knox"
April 24, 2005
Mike Swinford
"Electoral reform groups call for James Baker's resignation from electoral reform commission"
April 17, 2005
Ilene Proctor
"National Conference on Election Reform Opens with Civil Rights Panel"
April 13, 2005
Abigail Thorton
"View from Another Planet"
April 13, 2005
Josh Mitteldorf
"Democrats! Paper “Trails” Aren’t Good Enough. Count The Damn Ballots!"
April 12, 2005
Lynn Landes
"Democrats, Paper ‘Trails’ Aren’t Good Enough; Count The Damn Ballots!"
April 1, 2005
Lynn Landes, Online Journal Contributing Writer
"Scientific Analysis Suggests Presidential Vote Counts May Have Been Altered"
March 30, 2005
US Vote Counts
"As Blackwell Says, Ohio’s in 2004 was a National Model"
March 24, 2005
Steve Rosenfeld, Bob Fitrakis, and Harvey Wasserman
"Understanding the difference between paper ballots and paper audit trails"
March 20, 2005
Gary Beckwith
"Save Our Democracy"
March 16, 2005
John Irwin
"Republicans maneuvering to get Voting Rights Act killed"
March 10, 2005
Rev. Jesse L. Jackson, Sr.
"Legal filing highlights Blackwell's hypocrisy in Ohio recount case"
March 7, 2005
Blair Bobier
"Selma 40 Years Later"
March 6, 2005
Rev. Jesse L. Jackson, Sr.
"Exit Poll Madness - Analyst Steve Freeman & Company Offer False Choice"
March 4, 2005
Lynn Landes
"Libertarians To Testify in Ohio House: Modernize Ohio's Election Laws"
March 3, 2005
Robert Butler
"The New Voting Rights Movement Begins Here Today"
March 2, 2005
Steven Rosenfeld
"Voting in America"
February 28, 2005
Bob Babson
"The Mighty Texas Strike Force"
February 28, 2005
Nick Mottern - Documentary News Service
"Blackwell presidential election sanctions briefs"
February 22, 2005
Various individuals
"Representative Conyers and others file amicus brief in Ohio Supreme Court"
February 17, 2005
Dena Graziano
"Congresswoman Tubbs Jones Outraged at Blackwell's Failure to Appear During House Administration Hearing"
February 12, 2005
Office of Rep. Tubbs Jones
"Ohio Attorney-General's attack on election protection attorneys draws mountain of documentation on state's stolen election, including new study on exit polls"
February 3, 2005
Steve Rosenfeld and Harvey Wasserman
"Prominent Statisticians Refute 'Explanation' of 2004 U.S. Exit Poll Discrepancies in New Edison/Mitofsky Report and Urge Investigation of U.S. Presidential Election Results"
January 31, 2005
Bruce O'Dell
"The last man to concede..."
January 29, 2005
Sheila Samples
"Report on Washington DC, January 6, 2005"
January 25, 2005
Avram Friedman
"Arkansas in 2004: Did Bush Really Win?"
January 24, 2005
Max Standridge
"New links"
January 23, 2005
Free Press staff
"Voting Problems and Uncounted Votes in Lucas County, Ohio"
January 23, 2005
Justine Smith
"Plan B: Parallel Elections & Signed Ballots"
January 20, 2005
Lynn Landes
"Open Letter to Ohio Attorney General Jim Petro from Representative John Conyers, Jr."
January 20, 2005
Representative John Conyers, Jr.
"Open Letter to Warren Mitofsky and Larry Rosin from Representative John Conyers, Jr."
January 20, 2005
Representative John Conyers, Jr.
"Ohio's GOP Attorney General launches revenge attack on Election Protection legal team"
January 19, 2005
Steve Rosenfeld and Harvey Wasserman
"What are they hiding in New Mexico?"
January 18, 2005
Warren Stewart, National Ballot Integrity Project
"In the Shadow of Dr. King, counting the vote remains a civil rights issue"
January 17, 2005
Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"Did the “Liberal Media” Get the 2004 Election All Wrong?
"
January 16, 2005
Gene C. Gerard
"'COUNT EVERY VOTE. EVERY VOTE COUNTS'"
January 16, 2005
Mary Anne Saucier
"Moss v. Bush moves on and movement continues"
January 13, 2005
Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"Rally Continues Drive for Democracy"
January 9, 2005
Mark Huntress
"Estimated vote count in Ohio"
January 8, 2005
Richard Hayes Phillips, Ph.D.
"January 6 Washington, D.C. rally report"
January 8, 2005
Nick Mottern
"Together, we moved three mountains"
January 8, 2005
Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"What the election challenge means"
January 8, 2005
David Swanson, ILCA
"Progressive Democrats lead historic voting rights protest as Congress ratifies flawed 2004 Electoral College tally"
January 7, 2005
Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"Arnebeck letter to Congress re Presidential Electoral Challenge"
January 6, 2005
Clifford O. Arnebeck, Jr.
"Senator Barbara Boxer, D-CA and Representative Stephanie Tubbs Jones, D-OH contested the election"
January 6, 2005
Free Press staff
"The "Crime of November 2": The human side of how Bush stole Ohio, and why Congress must investigate rather than ratify the Electoral College (Part Two of Two)"
January 5, 2005
Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"Status Report of the House Judiciary Committee Democratic Staff"
January 5, 2005
U.S. Rep. John Conyers and staff
"Seven key reasons why the vote must be challenged at the electoral college"
January 3, 2005
Rev. Jesse Jackson, Rainbow/PUSH Coalition
"Ten preliminary reasons why the Bush vote does not compute, and why Congress must investigate rather than certify the Electoral College (Part One of Two)"
January 3, 2005
Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"Verified election contest petitions and documents in Ohio Supreme Court "
January 2, 2005
The undersigned
"Distribution of voting machines by county in Ohio"
January 1, 2005
Andy Shifflette
"Did We Bounce An Election?"
January 1, 2005
Warren Stewart, votersunite.org
"Presidential election congressional hearing transcript"
January 1, 2005
Congresspeople Waters, Tubbs-Jones and Conyers and others
Selected articles from 2004
"Ohio's official non-recount ends amidst new evidence of fraud, theft and judicial contempt mirrored in New Mexico"
December 31, 2004
"Impossible Phantom Votes in New Mexico
"
December 30, 2004
"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
"Ohio GOP election officials ducking notices of deposition as Kerry enters stolen vote fray"
December 28, 2004
"Another third rate burglary"
December 25, 2004
"Hacking the vote in Miami County"
December 25, 2004
"Update from the Ohio Frontlines"
December 24, 2004
"Lawsuit Before the Ohio Supreme Court"
December 24, 2004
"Kerry votes switched to Bush and ballots pre-punched for Bush"
December 24, 2004
"Uncounted votes in Cuyahoga County"
December 24, 2004
"GAO report documents how easy it is to hack the vote"
November 15, 2005
"J30 Election Reform Coalition"
March 21, 2005
"The Un-mighty New Hampshire Jam Force"
March 21, 2005
"Petro sanctions democracy"
March 21, 2005
"Progressives helped concede election by conceding the moral high ground"
March 21, 2005
"We will not concede, or get over it, but we shall overcome"
January 23, 2005
"From Selma to Palm Beach to Columbus"
January 23, 2005
"Movement Heroes"
January 23, 2005
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