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Departments Election Issues With new legislation, Ohio Republicans plan holiday burial for American Democracy by Bob Fitrakis & Harvey Wasserman December 6, 2005 A law that will make democracy all but moot in Ohio is about to pass the state legislature and to be signed by its Republican governor. Despite massive corruption scandals besieging the Ohio GOP, any hope that the Democratic party could win this most crucial swing state in future presidential elections, or carry its pivotal US Senate seat in 2006, are about to end. House Bill 3 has already passed the Ohio House of Representatives and is about to be approved by the Republican-dominated Senate, probably before the holiday recess. Republicans dominate the Ohio legislature thanks to a heavily gerrymandered crazy quilt of rigged districts, and to a moribund Ohio Democratic party. The GOP-drafted HB3 is designed to all but obliterate any possible future Democratic revival. Opposition from the Ohio Democratic Party, where it exists at all, is diffuse and ineffectual. HB3's most publicized provision will require positive identification before casting a vote. But it also opens voter registration activists to partisan prosecution, exempts electronic voting machines from public scrutiny, quintuples the cost of citizen-requested statewide recounts and makes it illegal to challenge a presidential vote count or, indeed, any federal election result in Ohio. When added to the recently passed HB1, which allows campaign financing to be dominated by the wealthy and by corporations, and along with a Rovian wish list of GOP attacks on the ballot box, democracy in Ohio could be all but over. The GOP is ramming similar bills through state legislatures around the US, starting with Georgia and Indiana. The ID requirements in particular have provoked widespread opposition from newspapers such as the New York Times. The Times, among others, argues that the ID requirements and the costs associated with them, constitute an unconstitutional discriminatory poll tax. But despite significant court challenges, the Republicans are forcing changes in long-standing election laws that have allowed citizens to vote based on their signature alone. Across the US, GOP Jim Crow laws will eliminate millions of Democratic voters from the registration rolls. In swing states like Ohio, such ballots are almost certain to be crucial. The proposed Ohio law will demand a valid photo ID or a utility bill, a bank statement, a paycheck or a government document with a current address. Thousands of Ohio citizens who are elderly, homeless, unemployed or who do not drive will be effectively disenfranchised. Many citizens, for example, rent apartments where the utilities are paid by landlords. In such cases, the number of people living in utilities-included apartment rentals could actually determine an election. During the 2004 presidential election, Ohio's Republican Secretary of State, J. Kenneth Blackwell, also issued statewide threats against ex-felons and people whose names resembled those of ex-felons. Thousands of such threats were delivered to registered voters who were never convicted of anything, or who were eligible to vote after being released from prison. In 2004 a "Mighty Texas Strike Force" came to Columbus with a specific mandate to threaten ex-felons with arrest if they dared to vote. It is legal for ex-felons in Ohio to vote, even if they are in half-way houses or on parole. But HB3's identification requirement, combined with the confusion Blackwell has introduced into the process, will intimidate such Ohioans from voting in 2006 and beyond. HB3 will also reduce voter rolls by ordering county boards of elections to send cards to registered voters every two years. If a card comes back as undelivered, the voter must rely on a provisional ballot. But tens of thousands of provisional ballots were arbitrarily discarded in 2004, and some 16,000 are known to remain uncounted to this day. HB3 also imposes severe restrictions on voter registration drives. It allows the state attorney-general and local prosecutors wide powers to prosecute vaguely defined charges of fraud against those working to sign up voters. The restrictions are clearly meant to chill the kind of Democratic registration drives that brought hundreds of thousands of new voters to the polls in 2004 (even though many were turned away in Democratic wards due to a lack of voting machines). Those electronic machines will also be exempted from recounts by random sampling, even in close, disputed elections like those of 2000 and 2004. In 2004, scores of Ohio voters reported, under oath, that they had pressed John Kerry's name on touchscreen machines, only to see George W. Bush's name light up. A board of elections technician in Mahoning County (Youngstown) has admitted that at least 18 machines there suffered such problems. Sworn testimony in Columbus indicates that votes for Kerry faded off the screen on touchscreen machines there. Other charges of mis-programming, re-programming, recalibrating, mishandling and manipulation of electronic voting software, hardware and memory cards have since arisen throughout Ohio 2004. For the 2005 election, some 41 additional Ohio counties (of 88) were switched to Diebold touchscreen machines. Despite polls showing overwhelming voter approval, two electoral reform issues went down improbable defeat. Issue Two, meant to make voting easier, and Issue Three, on campaign finance reform, were shown by highly reliable Columbus Dispatch polls to be passing handily. The Dispatch was within 0.5% on Issue One, a bond issue, and has rarely been significantly wrong in its many decades of Ohio polling. Even opponents of Issues Two and Three conceded that they were highly likely to pass. On the Sunday before the Tuesday 2005 election, the Dispatch predicted Issue Two would pass by a vote of 59% to 33%, with about 8% undecided. But Tuesday's official vote count showed Issue Two failing with just 36.5% in favor and 63.5% opposed. For that to have happened, the Dispatch had to have been wrong on Issue Two's support by more than 20 points. Nearly half those who said they would support Issue Two would have had to vote against it, along with all the undecideds. The numbers on Issue Three are equally startling. The Dispatch showed it winning with 61%, to just 25% opposed and some 14% undecided. Instead just 33% of the votes were counted in its favor, with 67% opposed, an almost inconceivable weekend turnaround. No other numbers were comparable on November 8, 2005, or elsewhere in the recent history of Dispatch polling. The startling outcome has thus raised even more suspicion and doubt about the use of electronic voting and tabulating machines in Ohio, which account for virtually 100% of the state's vote count. The federal General Accountability Office (GAO) has recently issued a major report confirming that tampering with and manipulating such machines can be easily done by a very small number of people. Charges are widespread that this is precisely what gave George W. Bush Ohio's electoral votes, and thus the presidency, in 2004, not to mention the suspicious referenda outcomes in 2005. HB3 will make it virtually impossible for any challenge to be mounted involving any votes cast or counted on electronic machines or tabulators---meaning virtually every vote cast in Ohio. Indeed, HB3 will raise the cost of mounting a recount from $10 per precinct to $50 per precinct. In 2004, Secretary of State Blackwell forced citizen groups to raise private funds for a recount, which he proceeded to sabotage. The process, which became a futile electronic charade, cost donors committed to democracy more than $100,000. Three partial, meaningless faux recounts resulted. To date more than 100,000 votes cast in Ohio remain uncounted, including some 93,000 easily-read machine-rejected ballots. . During the 2004 election process Blackwell, manipulated the number of precincts in Ohio, and issued inaccurate information about their location and boundaries, making a meaningful precise number hard to come by. But with more than 10,000 precincts still in existence, HB3 would make funding an attempt at another recount in 2006 or 2008 cost more than $500,000. Such an effort might also result in official retaliation. In 2004, Blackwell and Ohio Attorney-General Jim Petro---both of whom are now Republican candidates for governor---tried to impose stiff financial sanctions against attorneys who filed a legal challenge to the seating of the Ohio electors who gave George W. Bush the presidency. The Ohio Supreme Court disallowed the sanctions after the challenge was withdrawn. But HB3 would make such a federal election challenge illegal altogether. With the electoral process in Ohio all but disemboweled, those hoping for a change of party in upcoming state and national elections are probably kidding themselves. The 2004 election in the Buckeye state was riddled with deception, fraud, intimidation, manipulation and outright theft, all of which were essential to the triumph of George W. Bush. In 2005, four electoral reform ballot initiatives were allegedly defeated despite huge poll margins showing the almost certain passage of two of them. The most credible explanation for their defeat lies in electronic manipulation of voting machines, tabulators and memory cards which the GAO confirms have no credible security safeguards. With campaign finance, voter registration, electronic voting, public recounts, district gerrymandering and overall electoral administration now firmly in the pocket of the GOP, and with Democratic opposition that is virtually non-existent on the issue of vote fraud and election manipulation, there is little reason to believe the Republican grip on Ohio will be loosened at any point in the near future. In traditional terms, the scandal-ridden Ohio GOP would appear to be more vulnerable than ever. Governor Robert Taft has become the only Ohio governor to be convicted of a crime while in office. With an astonishing 7% approval rating, he has been compared to Homer Simpson by the state's leading Republican newspaper. Republican US Senator Mike DeWine appears highly vulnerable. The GOP has never won the White House without winning the Buckeye State. But HB3 will solidify the GOP's iron grip on the electronic voting process and all that surrounds it. Unless they break that grip, Democrats who believe they can carry any part of Ohio in 2006 or 2008 are kidding themselves. When it comes to 2008, can you say "Jeb Bush"? -- Bob Fitrakis & Harvey Wasserman are co-authors of HOW THE GOP STOLE AMERICA'S 2004 ELECTION & IS RIGGING 2008, available at www.Freepress.org. Their WHAT HAPPENED IN OHIO, written with Steve Rosenfeld, will be published by the New Press in 2006. Fitrakis was one of the attorneys targeted by Blackwell and Petro in 2004. 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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