Fri May 24 2013
Departments
Election Issues

First criminal convictions from Ohio's stolen 2004 election confirm recount was rigged
by Bob Fitrakis & Harvey Wasserman
January 27, 2007

The first felony convictions of two Cleveland poll workers stemming from Ohio's stolen 2004 election confirm that the official recount in that contested vote was, in the words of county prosecutors, "rigged."  The question now is whether further prosecutions will reach higher up in the ranks of officials who may have been involved in illegalities throughout the rest of the state. 

The convictions have come down in Cuyahoga County, where Democratic candidates traditionally run up huge majorities.  Suspicious vote counts and other irregularities cut deeply into John Kerry's margins in 2004.  Official vote counts gave the state---and thus the presidency---to George W. Bush by about 118,000 votes out of 5.5 million counted.  

A statewide recount, paid for by the Green and Libertarian Parties, was marred in 87 of the state's 88 counties by the types of illegalities that led to this week's convictions. Only in Coshocton County was a full, manual recount performed. 

Throughout the rest of the state, under the direction of Republican Secretary of State J. Kenneth Blackwell, mandatory random sampling was not done, as prescribed by law.  Instead, poll workers illegally chose sample precincts for recounting where they knew there would be no problems, and then routinely recounted the rest of the ballots by machine, rendering the recount meaningless. 

Blackwell simultaneously served as state co-chair of the Bush-Cheney campaign.  This fall he was defeated in his campaign for governor by Democrat Ted Strickland. 

County Prosecutor Kevin Baxter opened the Cuyahoga trial by charging that "the evidence will show that this recount was rigged, maybe not for political reasons, but rigged nonetheless." Baxter said three election workers "did this so they could spend a day rather than weeks or months" on the recount. "This was a very hush operation."

Jacqueline Maiden, the county election board's third-ranking employee, and Kathleen Dreamer, an assistant manager, have each been convicted of a felony count of negligent misconduct and a misdemeanor count of failing to perform their duties.  Rosie Grier, the board's ballot department manager, was acquitted on all seven counts raised against the three.  Sentencing is scheduled for late February.  Defense attorneys have indicated they will appeal.  The felony conviction carries a possible sentence of six to 18 months. 

The county prosecutors have not yet alleged vote fraud. No do they say mishandling the recount affected the election's outcome. Dreamer's defense attorney, Roger Synenberg, said the defendants "were just doing [the recount] the way they were always doing it."

But Cuyahoga's precinct-by-precinct vote counts and turnout numbers varied wildly and improbably.  Several predominantly black precincts showed turnouts of less than 30% in a county where overall turnout was around 60%.  One ward showed a 7% turnout as compared to surrounding precincts with turnouts nearly ten times as high.

Further prosecutions may now hinge on what Maiden and Dreamer might tell prosecutors about the role played by higher-ups.  The assumption is widespread that the decision to consciously designate test precincts, rather than choose them at random, must have been at least tacitly approved by Secretary of State Blackwell. 

In Cleveland, Robert Bennett, chair of the state's Republican Party, also served as chair of the Cuyahoga County Board of Elections.  Cuyahoga BOE Executive Director Michael Vu was chosen by the county Democratic Party.  Under Vu's direction, the county's elections have been rife with chaos, irregularities and apparent fraud.  When the Democrats recently tried to remove him from his post, Vu was supported by Bennett and the Republican Party.  He kept his job when Blackwell strategically abstained from a key removal vote.

There is growing evidence that what happened in Cleveland was the rule, rather than the exception, in Ohio's 2004 presidential recount.   Sworn testimony at a public hearing in Toledo indicates Diebold technicians were involved in picking "random" precincts to be recounted there.  A memory card was apparently lacking from at least one optiscan machines. 

Miami County election officials admit they merely ran the optiscan ballots through the ES 550 counter, rather than doing the prescribed random recounts.   Free Press reporters have found recount results varied signficantly from official results, which should have triggered a hand recount of all the ballots in the county.  This was never done in Miami or in any other Ohio County except Coshocton.

Handwritten field notes from Paddy Shaffer, the Green/Libertarian Recount Coordinator in Delaware County in 2004, call into question the role played by ES&S technician Sam Hogsett. On December 15, 2004, Shaffer recorded at 2:42pm that Hogsett was "...tapping tabulator machine on left. There are two machines in the room. Kim [Spangler] says he is doing this because the light/the switch keeps going out. He has now handled the machines multiple times."

At 4:25pm, Shaffer recorded "ES&S tech Sam Hogsett back on the machine and touching the ballots. They are working on Genoa precincts. My intuition is screaming get him away from the ballots and machines. ... He continued moving around the machines, stacking in the ballots."

At 5:05pm Shaffer noted "Sam is back loading and stacking. Throughout much of this time, Sam is the one to call out the precinct total and the name."

Sam Hogsett is more than an ES&S technician according to Shaffer and others who investigated him, who have found his letters to the editor quite alarming. Voting rights activists troubled by Hogsett's role in the recount found letters posted under the name Sam Hogsett, Crown City, at the southeatern Ohio newspaper website www.herald-dispatch.com. One of the letters begins as follows: "I recently read in this pitifully left-leaning editorial section that the spineless, thoughtless, moral less useless left-wing liberal America hater Robert Sheer is unsuccessfully attempting to use an apples-to-oranges comparison to wrongfully attack our Second Amendment rights." Hogsett goes on to write: "... He [Sheer] believes that if I were to take a Smith and Wesson and blast his little pea brain to bits, that his family should be able to sue the manufacturer and the gun dealer who sold it to me."

Initially, Delaware County Prosecutor Dave Yost obtained a temporary restraining order stopping the recount in Delaware County on November 23, 2004.

The Delaware Gazette noted a complaint from Shaffer about the role Hogsett played in the recount as a private voting machine company technician, and in a report dated January 1, 2005, Shaffer wrote the Delaware County Board of Elections that John Myers of the Delaware County Democratic Party said that, "He was very pleased that unlike many counties that are at the mercy of computer technicians, Delaware is not. He [Myers] said during both conversations, even repeated over and over, that they do their own programming. So why was Sam Hogsett needed? Why involve the technician in the process of the recount?"

Board of Elections records in Fairfield County document that when the recount was not matching thus mandating a full handcount under Ohio law, the Secretary of State Kenneth Blackwell's office recommended that Sam Hogsett be brought in to deal with the discrepancies between the official count and the recount. After Hogsett arrived and took charge of the recount as a private ES&S technician, the vote matched perfectly for the first time.

In Athens and Auglaize Counties, BOE workers who attempted to blow the whistle on apparent election irregularities were forced out of their jobs. 

Overall, the illegalities prompting these initial convictions in Cuyahoga County appear to be the rule rather than the exception in the handling of the Ohio 2004 recount statewide.  The question now is whether parallel prosecutions will follow in other counties.  And whether such prosecutions might include those who are likely to have ordered or approved the illegalities that marred the recount in Cleveland, and throughout the rest of the state. 

--
Bob Fitrakis and Harvey Wasserman are co-authors of HOW THE GOP STOLE AMERICA'S 2004 ELECTION & IS RIGGING 2008 (http://www.freepress.org/), and, with Steve Rosenfeld, of WHAT HAPPENED IN OHIO?, published by the New Press.




Recent Election Issues Articles

Nonviolent resisters put Senator Clinton on notice
  December 23, 2007
  Pete Perry

In-depth, post-EVEREST interview with Ohio's Secretary of State
  December 21, 2007
  Brad Friedman

The phrase that could defeat Hillary Clinton
  December 19, 2007
  Paul Rogat Loeb

Ohio will likely face big vote-counting problems in 2008
  December 19, 2007
  Steven Rosenfeld

"Critical security failures" leads Ohio Sec. of State to recommend ban of DRE (touch-screen) voting machines
  December 17, 2007
  Brad Friedman

Ohio Secretary of State confirms 2004 election could have been stolen
  December 14, 2007
  Bob Fitrakis & Harvey Wasserman

Kucinich first, Edwards second in PDA straw poll
  December 7, 2007
  Tim Carpenter

Hillary and the politics of disappointment
  December 2, 2007
  Paul Rogat Loeb

Voting can be a real battle for U.S. troops and others overseas in the 2008 primaries
  December 2, 2007
  Loretta (Laurie) Ahlrich

Wolf Blitzer loses Democratic debate
  November 20, 2007
  David Swanson

Another Clinton campaign fraud
  November 15, 2007
  David Swanson

We remember… Nov. 2 memorial anniversary of the 2004 Ohio election
  November 6, 2007
  Paddy Shaffer

The weak slat under the bed of democracy
  October 31, 2007
  Michael Winship

Aurora Dairy exemption from check-off program challenged; USDA should demand retroactive payment from faux organic milk producers
  October 31, 2007
  Mark Kastel

Kucinich tops other Dem Presidential leaders in key CA straw poll
  October 30, 2007
  David Swanson

Will the GOP election theft machine do it again in 2008?
  October 19, 2007
  Bob Fitrakis and Harvey Wasserman

Exactly how the good guys finally won
  October 2, 2007
  David Swanson

Voter purging: a legal way for Republicans to swing elections?
  September 16, 2007
  Steven Rosenfeld

Why doesn't the GOP want Ohio's voting machines tested?
  September 11, 2007
  Bob Fitrakis and Harvey Wasserman

The Cat in the Hat, elusive happy endings, and the [election] mess that is so big, and so deep, and so tall
  September 9, 2007
  Joan Brunwasser, OpEdNews     

The Death of the DRE: gone the way of Lawn Jarts
  September 3, 2007
  Christopher Wilson

Fooled Again series: exclusive interview with Michael Collins
  September 1, 2007
  Joan Brunwasser, Voting Integrity editor, OpEdNews

Fooled again series: exclusive interview with "Diebold whistleblower" Steve Heller
  August 27, 2007
  Joan Brunwasser, Voting Integrity editor, OpEdNews

The Dan Rather voting machine special, a recipe for election disaster, and serious food for thought
  August 24, 2007
  Joan Brunwasser

Resistance of one
  August 10, 2007
  David Swanson

The dog ate my homework continues: inter-office Ohio Board of Elections email prompted by SAVE THE BALLOTS website gives a glimpse into the attitudes of Ohio election officials
  August 9, 2007
  Paddy Shaffer

Look at who runs our boards of elections
  August 9, 2007
  Richard Hayes Phillips, Ph.D.

Restore health to America's elections and pull the plug on SDD virus threat
  August 8, 2007
  Michael Richardson

Paper ballots for California: Secretary of State announces de-certification/re-certification plans for e-voting systems
  August 4, 2007
  Brad Friedman from Plano, TX, with help from Emily Levy of VelvetRevolution.us and Tom Courbat of SAVE R VOTE

The dog ate my homework
  August 3, 2007
  Richard Hayes Phillips and Patricia "Paddy" Shaffer

Welcome to jail for destruction of election records… for some of the ladies and gentlemen of the Ohio Boards of Elections!
  August 3, 2007
  Paddy Shaffer

The criminal cover-up of Ohio's stolen 2004 election sinks to the fraudulent, the absurd, the pathetic
  August 2, 2007
  Bob Fitrakis and Harvey Wasserman

Part II – Squire v. Geer: Facts the Magistrate left out are even more shocking than the ones he included
  July 30, 2007
  Bob Fitrakis and Harvey Wasserman

Will Bush cancel the 2008 election?
  July 30, 2007
  Harvey Wasserman & Bob Fitrakis

Ohio's 2004 presidential election records missing or destroyed
  July 30, 2007
  Steven Rosenfeld

Sausage making and electronic voting machines
  July 27, 2007
  Bob Fitrakis and Harvey Wasserman

Shreds of evidence
  July 26, 2007
  Richard Hayes Phillips, Ph.D.

Missing records and record access in Ohio, July 2007
  July 25, 2007
  Paddy Shaffer

On-site observations of the hand-counting of paper ballots and recommendations for the general election of 2008
  July 24, 2007
  Sheila Parks

Sicko ?
  July 3, 2007
  Joan Brunwasser, OpEdNews

John Edwards supports "open source" for voting systems
  June 27, 2007
  Alan Dechert

Will electronic voting reform create new ways to steal elections?
  June 6, 2007
  Steven Rosenfeld

US Attorney resigns following Conyers’ request for BBC documents
  June 2, 2007
  Greg Palast

Will Al Gore face his inconvenient truths about our stolen elections?
  May 18, 2007
  Bob Fitrakis & Harvey Wasserman

Giving the voters "poisoned food" to "nourish" democracy
  May 17, 2007
  Marj Creech

In the land of the free, and the home of the brave
  May 17, 2007
  Paul R. Lehto

The globalization of electronic election theft
  May 11, 2007
  Bob Fitrakis & Harvey Wasserman

RFK:  Rove and Rove's brain, 'Should be in jail,' not in office
  May 9, 2007
  Greg Palast

Introducing Psephos
  April 25, 2007
  Paul R. Lehto

Are Rove's missing e-mails the smoking guns of the stolen 2004 election?
  April 25, 2007
  Bob Fitrakis and Harvey Wasserman

The GOP's cyber election hit squad
  April 22, 2007
  Steven Rosenfeld and Bob Fitrakis

Another path to peace: the case for Kucinich
  April 19, 2007
  David Swanson

Virtual election season
  April 16, 2007
  David Swanson

Bye bye to Cleveland GOP Election Chair Bob "Ballots for Bush" Bennett
  April 16, 2007
  Bob Fitrakis & Harvey Wasserman

Bye bye to Cleveland GOP Election Chair Bob "Ballots for Bush" Bennett
  April 15, 2007
  Bob Fitrakis & Harvey Wasserman

Auditing the mid-term election
  April 6, 2007
  Richard Hayes Phillips

Two big victories boost Ohio's election protection movement
  April 5, 2007
  Bob Fitrakis & Harvey Wasserman

More potential 2004 election illegalities rock Ohio's Hocking County as Cleveland braces for a legal firestorm
  March 30, 2007
  Bob Fitrakis & Harvey Wasserman

New Ohio evidence exposes apparently illegal 2004 recount activity by Hocking County's GOP Election Director, and a stinging complaint is filed in Cleveland
  March 26, 2007
  Bob Fitrakis & Harvey Wasserman

Explosive new vote fraud developments continue to rock Ohio and Florida
  March 23, 2007
  Bob Fitrakis & Harvey Wasserman

Forced resignations and stiff prison sentences intensify the escalating blowback from Ohio's 2004 stolen election
  March 20, 2007
  Bob Fitrakis & Harvey Wasserman

Election fraud, my ass
  March 16, 2007
  Paul Rogat Loeb

After Ohio's recount rigging convictions in Cuyahoga, is Coshocton County next?
  March 6, 2007
  Bob Fitrakis and Harvey Wasserman

Florida setting example
  March 3, 2007
  Free Press staff

Sequoia Voting Systems contract with San Francisco needs added section to ensure transparency
  February 13, 2007
  Brent Turner, Open Voting Consortium

Ohio's spreading stolen 2004 election scandal claims another victim
  February 10, 2007
  Bob Fitrakis & Harvey Wasserman

First criminal convictions from Ohio's stolen 2004 election confirm recount was rigged
  January 27, 2007
  Bob Fitrakis & Harvey Wasserman

Election attorneys amplify importance of convictions for recount rigging in Ohio 2004 presidential race
  January 26, 2007
  Paul Lehto

Do new Ohio recount prosecutions indicate unraveling of 2004 election theft cover-up?
  January 19, 2007
  Bob Fitrakis & Harvey Wasserman

The mystic voting hall: for the love of democracy
  January 5, 2007
  Sheri Myers

DREs, magic and other sleights of hand
  January 4, 2007
  Rady Ananda




Read Election Issues Articles by Year:
2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000



FREE PRESS EMAIL UPDATE


Donate to the Free Press Election Protection Fund to help us investigate and monitor election fraud in this year's election.


Donate to The Free Press The Free Press Store

FOLLOW US ON
twitter
facebook


SEARCH THE FREEPRESS




1021 E. Broad St. Columbus, OH 43205 | 614.253.2571 | truth@freepress.org
All content © 1970-2012 The Columbus Free Press
Disclaimer