THINGS ARE HEATING UP IN OHDear Reporters, Editors, News Anchors:
>
> Representative John Conyers, Jr. of Michigan, ranking Minority member
> of the House Judiciary Committee, will hold a hearing on Wednesday 8
> December 2004 to investigate allegations of vote fraud and
> irregularities in Ohio during the 2004 Presidential election. The
> hearing is slated to begin at 10:00 a.m. EST in the Rayburn House
> Office Building in Washington.
> We are asking you to report on the hearings. Enough about Ukraine:
> Turn your cameras to the United State's contested election.
>
>
http://www.truthout.org/docs_04/120404W.shtml>
> Conyers to Hold Hearings on Ohio Vote Fraud
> By William Rivers Pitt
> t r u t h o u t | Report
>
> Friday 03 December 2004
>
> Democratic Representative John Conyers, Jr. of Michigan, ranking
> Minority member of the House Judiciary Committee, will hold a hearing
> on Wednesday 08 December 2004 to investigate allegations of vote fraud
> and irregularities in Ohio during the 2004 Presidential election. The
> hearing is slated to begin at 10:00 a.m. EST in the Rayburn House
> Office Building in Washington DC.
>
> Democratic Representatives Melvin Watt and Robert Scott will also be
> centrally involved with the hearing. Rev. Jesse Jackson will be in
> attendance, along with Ralph Neas (President, People for the American
> Way), Jon Greenbaum (Director, Voting Rights Project, Lawyers
> Committee For Civil Rights Under Law), Ellie Smeal (Executive
> Director, The Feminist Majority), Bob Fitrakis (The Free Press), Cliff
> Arnebeck (Arnebeck Associates), John Bonifaz (General Counsel,
> National Voting Institute), Steve Rosenfeld (Producer, Air America
> Radio), and Shawnta Walcott (Communications Director, Zogby
> International). Ohio Secretary of State J. Kenneth Blackwell has been
> invited to attend.
>
> The term ‘hearing’ is technically not accurate in this matter, as
> Conyers and his fellow Representatives will be holding this forum
> without the blessing of the Republican Majority leader of the
> Judiciary Committee. Staffers from the Minority office at the
> Judiciary Committee describe the event as a ‘Members Briefing.’ That
> having been said, this event will be a hearing by every meaningful
> definition of the word. Expert testimony will be offered, and a good
> deal of data on potential fraud previously unreported to the public
> will be discussed and examined at length.
>
> The hearing came together thanks to a confluence of events, and
> through the work of like-minded individuals who are deeply concerned
> about the allegations of vote fraud in the Ohio Presidential election.
> Tim Carpenter and Kevin Spidel, along with other members of
> Progressive Democrats of America, went to Washington DC to speak with
> the Democratic members of the Judiciary Committee about the need for
> an investigation into these allegations. They found Rep. Conyers, his
> fellow Judiciary Democrats, and their staffers already working on
> assembling such an investigation.
>
> The core of what Conyers and his fellow Minority members will be
> discussing at this hearing can be found in the letter below, which was
> sent by the Minority office to Ohio Secretary of State Blackwell on 02
> December. In the letter, Conyers, along with Reps. Watt, Nadler and
> Baldwin, outline a broad and detailed series of questions and concerns
> about the manner in which the Ohio election took place.
>
> I will be traveling to Washington DC to begin t r u t h o u t coverage
> of this event on Tuesday night, and we will keep you posted on further
> developments as they arise.
>
> William Rivers Pitt is a New York Times and international bestseller
> of two books - 'War on Iraq: What Team Bush Doesn't Want You To Know'
> and 'The Greatest Sedition Is Silence.'
>
>
>
> Go to Original
>
> One Hundred Eighth Congress
> Congress of the United States
> House of Representatives
> Committee on the Judiciary
> 2138 Rayburn House Office Building
> Washington DC 20515-6216
> (202) 225-3951
>
> December 2, 2004
>
> The Honorable J. Kenneth Blackwell
> Ohio Secretary of State
> 180 East Broad Street, 16th Floor
> Columbus, OH 43215
>
> Dear Secretary Blackwell:
>
> We write to request your assistance with our ongoing investigation of
> election irregularities in the 2004 Presidential election. As you may
> be aware, the Government Accountability Office has agreed to undertake
> a systematic and comprehensive review of election irregularities
> throughout the nation. As a separate matter, we have requested that
> the House Judiciary Committee Democratic staff undertake a thorough
> review of each and every specific allegation of election
> irregularities received by our offices.
>
> Collectively, we are concerned that these complaints constitute a
> troubled portrait of a one-two punch that may well have altered and
> suppressed votes, particularly minority and Democratic votes. First,
> it appears there were substantial irregularities in vote tallies. It
> is unclear whether these apparent errors were the result of machine
> malfunctions or fraud.
>
> Second, it appears that a series of actions of government and
> non-government officials may have worked to frustrate minority voters.
> Consistent and widespread reports indicate a lack of voting machines
> in urban, minority and Democratic areas, and a surplus of such
> machines in Republican, white and rural areas. As a result, minority
> voters were discouraged from voting by lines that were in excess of
> eight hours long. Many of these voters were also apparently victims of
> a campaign of deception, where flyers and calls would direct them to
> the wrong polling place. Once at that polling place, after waiting for
> hours in line, many of these voters were provided provisional ballots
> after learning they were at the wrong location. These ballots were not
> counted in many jurisdictions because of a directive issued by some
> election officials, such as yourself.
>
> We are sure you agree with us that regardless of the outcome of the
> election, it is imperative that we examine any and all factors that
> may have led to voting irregularities and any failure of votes to be
> properly counted. Toward that end, we ask you to respond to the
> following allegations:
>
> I. Counting Irregularities
>
> A. Warren County Lockdown – On election night, Warren County locked
> down its administration building and barred reporters from observing
> the counting. When that decision was questioned, County officials
> claimed they were responding to a terrorist threat that ranked a “10"
> on a scale of 1 to 10, and that this information was received from an
> FBI agent. Despite repeated requests, County officials have declined
> to name that agent, however, and the FBI has stated that they had no
> information about a terror threat in Warren County. Your office has
> stated that it does not know of any other county that took these
> drastic measures.
>
> In addition to these contradictions, Warren County officials have
> given conflicting accounts of when the decision was made to lock down
> the building. While the County Commissioner has stated that the
> decision to lockdown the building was made during an October 28
> closed-door meeting, emailed memos – dated October 25 and 26 –
> indicate that preparations for the lockdown were already underway.
>
> This lockdown must be viewed in the context of the aberrational
> results in Warren County. In the 2000 Presidential election, the
> Democratic Presidential candidate, Al Gore, stopped running television
> commercials and pulled resources out of Ohio weeks before the
> election. He won 28% of the vote in Warren County. In 2004, the
> Democratic Presidential candidate, John Kerry, fiercely contested Ohio
> and independent groups put considerable resources into getting out the
> Democratic vote. Moreover, unlike in 2000, independent candidate Ralph
> Nader was not on the Ohio ballot in 2004. Yet, the tallies reflect
> John Kerry receiving exactly the same percentage in Warren County as
> Gore received, 28%.
>
> We hope you agree that transparent election procedures are vital to
> public confidence in electoral results. Moreover, such aberrant
> procedures only create suspicion and doubt that the counting of votes
> was manipulated. As part of your decision to certify the election, we
> hope you have investigated these concerns and found them without
> merit. To assist us in reaching a similar conclusion, we ask the
> following:
>
> 1. Have you, in fact, conducted an investigation of the lockdown? What
> procedures have you or would you recommend be put into place to avoid
> a recurrence of this situation?
>
> 2. Have you ascertained whether County officials were advised of
> terrorist activity by an FBI agent and, if so, the identity of that
agent?
>
> 3. If County officials were not advised of terrorist activity by an
> FBI agent, have you inquired as to why they misrepresented this fact?
> If the lockdown was not as a response to a terrorist threat, why did
> it take place? Did any manipulation of vote tallies occur?
>
> B. Perry County Election Counting Discrepancies – The House Judiciary
> Committee Democratic staff has received information indicating
> discrepancies in vote tabulations in Perry County. For example, the
> sign-in book for the Reading S precinct indicates that approximately
> 360 voters cast ballots in that precinct. In the same precinct, the
> sign-in book indicates that there were 33 absentee votes cast. In sum,
> this would appear to mean that fewer than 400 total votes were cast in
> that precinct. Yet, the precinct’s official tallies indicate that 489
> votes were cast. In addition, some voters’ names have two ballot stub
> numbers listed next to their entries creating the appearance that
> voters were allowed to cast more than one ballot.
>
> In another precinct, W Lexington G AB, 350 voters are registered
> according to the County’s initial tallies. Yet, 434 voters cast
> ballots. As the tallies indicate, this would be an impossible 124%
> voter turnout. The breakdown on election night was initially reported
> to be 174 votes for Bush, and 246 votes for Kerry. We are advised that
> the Perry County Board of Elections has since issued a correction
> claiming that, due to a computer error, some votes were counted twice.
> We are advised that the new tallies state that only 224 people voted,
> and the tally is 90 votes for Bush and 127 votes for Kerry. This would
> make it appear that virtually every ballot was counted twice, which
> seems improbable.
>
> In Monroe Township, Precinct AAV, we are advised that 266 voters
> signed in to vote on election day, yet the Perry County Board of
> Elections is reporting that 393 votes were cast in that precinct, a
> difference of 133 votes.
>
> 4. Why does it appear that there are more votes than voters in the
> Reading S precinct of Perry County?
>
> 5. What is the explanation for the fluctuating results in the W
> Lexington AB precinct?
>
> 6. Why does it appear that there are more votes than voters in the
> Monroe Township precinct AAV?
>
> C. Perry County Registration Peculiarities
>
> In Perry County, there appears to be an extraordinarily high level
> voter registration, 91%; yet a substantial number of these voters have
> never voted and have no signature on file. Of the voters that are
> registered in Perry County an extraordinarily large number of voters
> are listed as having registered in 1977, a year in which there were no
> federal elections. Of these an exceptional number are listed as having
> registered on the exact same day: in total, 3,100 voters apparently
> registered in Perry County on November 8, 1977.
>
> 7. Please explain why there is such a high percentage of voters in
> this County who have never voted and do not have signatures on file.
> Also, please help us understand why such a high number of voters in
> this County are shown as having registered on the same day in 1977.
>
> D. Unusual Results in Butler County
>
> In Butler County, a Democratic Candidate for State Supreme Court, C.
> Ellen Connally received 59,532 votes. In contrast, the Kerry-Edwards
> ticket received only 54,185 votes, 5,000 less than the State Supreme
> Court candidate. Additionally, the victorious Republican candidate for
> State Supreme Court received approximately 40,000 less votes than the
> Bush-Cheney ticket. Further, Connally received 10,000 or more votes in
> excess of Kerry’s total number of votes in five counties, and 5,000
> more votes in excess of Kerry’s total in ten others.
>
> It must also be noted that Republican judicial candidates were
> reportedly “awash in cash,” with more than $1.4 million and were also
> supported by independent expenditures by the Ohio Chamber of Commerce.
>
> While you may have found an explanation for these bizarre results, it
> appears to be wildly implausible that 5,000 voters waited in line to
> cast a vote for an underfunded Democratic Supreme Court candidate and
> then declined to cast a vote for the most well-funded Democratic
> Presidential campaign in history. We would appreciate an answer to the
> following:
>
> 8. Have you examined how an underfunded Democratic State Supreme Court
> candidate could receive so many more votes in Butler County than the
> Kerry-Edwards ticket? If so, could you provide us with the results of
> your examination? Is there any precedent in Ohio for a downballot
> candidate receiving on a percentage or absolute basis so many more
> votes than the Presidential candidate of the same party in this or any
> other presidential election? Please let us know if any other County in
> Ohio registered such a disparity on a percentage or absolute basis.
>
> E. Unusual Results in Cuyahoga County
>
> Precincts in Cleveland have reported an incredibly high number of
> votes for third party candidates who have historically received only a
> handful of votes from these urban areas. For example, precinct 4F in
> the 4th Ward cast 290 votes for Kerry, 21 for Bush, and 215 for
> Constitution Party candidate Michael Peroutka. In 2000, the same
> precinct cast less than 8 votes for all third party candidates
combined.
>
> This pattern is found in at least 10 precincts through throughout
> Cleveland in 2004, awarding hundreds of unlikely votes to the third
> party candidate. Notably, these precincts share more than a strong
> Democratic history: the use of a punch card ballot. In light of these
> highly unlikely results, we would like to know the following:
>
> 9. Have you investigated whether the punch card system used in
> Cuyahoga County led to voters accidentally voting for third party
> candidates instead of the Democratic candidate they intended? If so,
> what were the results? Has a third party candidate ever received such
> a high percentage of votes in these precincts.
>
> 10. Have you found similar problems in other counties? Have you found
> similar problems with other voting methods?
>
> F. Spoiled Ballots
>
> 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 to us that such a large number of
> people supposedly did not have a preference for president in such a
> controversial and highly contested election.
>
> Considering that an estimated 93,000 ballots were spoiled across Ohio,
> we would like to know the following:
>
> 11. How many of those spoiled ballots were of the punch card or
> optical scan format and could therefore be examined in a recount?
>
> 12. Of those votes that have a paper trail, how many votes for
> president were undercounted, or showed no preference for president?
> How many were overcounted, or selected more than one candidate for
> president? How many other ballots had an indeterminate preference?
>
> 13. Of the total 93,000 spoiled ballots, how many were from
> predominantly Democratic precincts? How many were from
> minority-majority precincts?
>
> 14. Are you taking steps to ensure that there will be a paper trail
> for all votes before the 2006 elections so that spoiled ballots can be
> individually re-examined?
>
> G. Franklin County Overvote – On election day, a computerized voting
> machine in ward 1B in the Gahanna precinct of Franklin County recorded
> a total of 4,258 votes for President Bush and 260 votes for Democratic
> challenger, John Kerry. However, there are only 800 registered voters
> in that Gahanna precinct, and only 638 people cast votes at the New
> Life Church polling site. It was since discovered that a computer
> glitch resulted in the recording of 3,893 extra votes for President
> George W. Bush.
>
> Fortunately, this glitch was caught and the numbers were adjusted to
> show President Bush’s true vote count at 365 votes to Senator Kerry’s
> 260 votes. However, many questions remain as to whether this kind of
> malfunction happened in other areas of Ohio. To help us clarify this
> issue, we request that you answer the following:
>
> 15. How was it discovered that this computer glitch occurred?
>
> 16. What procedures were employed to alert other counties upon the
> discovery of the malfunction?
>
> 17. Can you be absolutely certain that this particular malfunction did
> not occur in other counties in Ohio during the 2004 Presidential
> election? How?
>
> 18. What is being done to ensure that this type of malfunction does
> not happen again in the future?
>
> H. Miami County Vote Discrepancy – In Miami County, with 100% of the
> precincts reporting on Wednesday, November 3, 2004, President Bush had
> received 20,807 votes, or 65.80% of the vote, and Senator Kerry had
> received 10,724 votes, or 33.92% of the vote. Miami reported 31,620
> voters. Inexplicably, nearly 19,000 new ballots were added after all
> precincts reported, boosting President Bush’s vote count to 33,039, or
> 65.77%, while Senator Kerry’s vote percentage stayed exactly the same
> to three one-hundredths of a percentage point at 33.92%.
>
> Roger Kearney of Rhombus Technologies, Ltd., the reporting company
> responsible for vote results of Miami County, has stated that the
> problem was not with his reporting and that the additional 19,000
> votes came before 100% of the precincts were in. However, this does
> not explain how the vote count could change for President Bush, but
> not for Senator Kerry, after 19,000 new votes were added to the
> roster. To help us better understand this anomaly, we request that you
> answer the following:
>
> 19. What is your explanation as to the statistical anomaly that showed
> virtually identical ratios after the final 20-40% of the vote came in?
> In your judgment, how could the vote count in this County have changed
> for President Bush, but not for Senator Kerry, after 19,000 new votes
> were added to the roster?
>
> 20. Are you aware of any pending investigations into this matter?
>
> I. Mahoning County Machine Problems – In Mahoning County, numerous
> voters reported that when they attempted to vote for John Kerry, the
> vote showed up as a vote for George Bush. This was reported by
> numerous voters and continued despite numerous attempts to correct
> their vote.
>
> 21. Please let us know if you have conducted any investigation or
> inquiry of machine voting problems in the state, including the above
> described problems in Mahoning County, and the results of this
> investigation or inquiry.
>
> II. Procedural Irregularities
>
> A. Machine Shortages
>
> Throughout predominately Democratic areas in Ohio on election day,
> there were reports of long lines caused by inadequate numbers of
> voting machines. Evidence introduced in public hearings indicates that
> 68 machines in Franklin County were never deployed for voters, despite
> long lines for voters at that county, with some voters waiting from
> two to seven hours to cast their vote. The Franklin County Board of
> Elections reported that 68 voting machines were never placed on
> election day, and Franklin County BOE Director Matt Damschroder
> admitted on November 19, 2004 that 77 machines malfunctioned on
> Election Day. It has come to our attention that a county purchasing
> official who was on the line with Ward Moving and Storage Company,
> documented only 2,741 voting machines delivered through the November 2
> election day. However, Franklin County’s records reveal that they had
> 2,866 “machines available” on election day. This would mean that amid
> the two to seven hour waits in the inner city of Columbus, at least
> 125 machines remained unused on Election Day.
>
> Franklin County’s machine allocation report clearly states the number
> of machines that were placed “By Close of Polls.” However, questions
> remain as to where these machines were placed and who had access to
> them throughout the day. Therefore, what matters is not how many
> voting machines were operating at the end of the day, but rather how
> many were there to service the people during the morning and noon rush
> hours.
>
> An analysis revealed a pattern of providing fewer machines to the
> Democratic city of Columbus, and more machines to the primarily
> Republican suburbs. At seven out of eight polling places, observers
> counted only three voting machines per location. According to the
> presiding judge at one polling site located at the Columbus Model
> Neighborhood facility at 1393 E. Broad St., there had been five
> machines during the 2004 primary. Moreover, at Douglas Elementary
> School, there had been four machines during the spring primary. In one
> Ohio voting precinct serving students from Kenyon College, some voters
> were required to wait more than eight hours to vote. There were
> reportedly only two voting machines at that precinct. The House
> Judiciary Committee staff has received first hand information
> confirming these reports.
>
> Additionally, it appears that in a number of locations, polling places
> were moved from large locations, such as gyms, where voters could
> comfortably wait inside to vote to smaller locations where voters were
> required to wait in the rain. We would appreciate answers to the
> following:
>
> 22. How much funding did Ohio receive from the federal government for
> voting machines?
>
> 23. What criteria were used to distribute those new machines?
>
> 24. Were counties given estimates or assurances as to how many new
> voting machines they would receive? How does this number compare to
> how many machines were actually received?
>
> 25. What procedures were in place to ensure that the voting machines
> were properly allocated throughout Franklin and other counties? What
> changes would you recommend be made to insure there is a more
> equitable allocation of machines in the future?
>
> B. Invalidated Provisional Ballots
>
> As you know, just weeks before the 2004 Presidential election, you
> issued a directive to county election officials saying they are
> allowed to count provisional ballots only from voters who go to the
> correct precinct for their home address. At the same time, it has been
> reported that fraudulent flyers were being circulated on
> official-looking letterhead telling voters the wrong place to vote,
> phone calls were placed incorrectly informing voters that their
> polling place had changed, “door-hangers” telling African-American
> voters to go to the wrong precinct, and election workers sent voters
> to the wrong precinct. In other areas, precinct workers refused to
> give any voter a provisional ballot. And in at least one precinct,
> election judges told voters that they may validly cast their ballot in
> any precinct, leading to any number of disqualified provisional
ballots.
>
> In Hamilton County, officials have carried this problematic and
> controversial directive to a ludicrous extreme: they are refusing to
> count provisional ballots cast at the correct polling place if they
> were cast at the wrong table in that polling place. It seems that some
> polling places contained multiple precincts which were located at
> different tables. Now, 400 such voters in Hamilton county alone will
> be disenfranchised as a result of your directive.
>
> 26. Have you directed Hamilton County and all other counties not to
> disqualify provisional ballots cast at the correct polling place
> simply because they were cast at the wrong precinct table?
>
> 27. While many election workers received your directive that voters
> may cast ballots only in their own precincts, some did not. How did
> you inform your workers, and the public, that their vote would not be
> counted if cast in the wrong precinct? How many votes were lost due to
> election workers telling voters they may vote at any precinct, in
> direct violation of your ruling?
>
> 28. Your directive was exploited by those who intentionally misled
> voters about their correct polling place, and multiplied the number of
> provisional ballots found invalid. What steps have you or other
> officials in Ohio taken to investigate these criminal acts? Has anyone
> been referred for prosecution? If so, what is the status of their
cases?
>
> 29. How many provisional ballots were filed in the presidential
> election in Ohio? How many were ultimately found to be valid and
> counted? What were the various reasons that these ballots were not
> counted, and how many ballots fall into each of these categories?
> Please break down the foregoing by County if possible.
>
> C. Directive to Reject Voter Registration Forms Not Printed on White,
> Uncoated Paper of Not Less Than 80 lb Text Weight
>
> On September 7, you issued a directive to county boards of elections
> commanding such boards to reject voter registration forms not “printed
> on white, uncoated paper of not less than 80 lb. text weight.”
> Instead, the county boards were to follow a confusing procedure where
> the voter registration form would be treated as an application for a
> form and a new blank form would be sent to the voter. While you
> reversed this directive, you did not do so until September 28. In the
> interim, a number of counties followed this directive and rejected
> otherwise valid voter registration forms. There appears to be some
> further confusion about the revision of this order which resulted in
> some counties being advised of the change by the news media.
>
> 30. How did you notify county boards of elections of your initial
> September 7 directive?
>
> 31. How did you notify county boards of elections of your September 28
> decision to revise that directive?
>
> 32. Have you conducted an investigation to determine how many
> registration forms were rejected as a result of your September 7
> directive? If so, how many?
>
> 33. Have you conducted an investigation to determine how many voters
> who had their otherwise valid forms rejected as a result of your
> September 7 directive subsequently failed to re-register? If so, how
many?
>
> 34. Have you conducted an investigation to determine how many of those
> voters showed up who had their otherwise valid forms rejected to vote
> on election day and were turned away? If so, how many?
>
> We await your prompt reply. To the extent any questions relate to
> information not available to you, please pass on such questions to the
> appropriate election board or other official. Please respond to 2142
> Rayburn House Office Building, Washington, DC 20515 by December 10. If
> you need more time to investigate and respond to some of these
> inquiries, we would welcome a partial response by that date and a
> complete response within a reasonable period of time thereafter. If
> you have any questions about this inquiry, please contact Perry
> Apelbaum or Ted Kalo of the House Judiciary Committee Democratic Staff
> at (202) 225-6504.
>
> Sincerely,
>
> Rep. John Conyers, Jr.
> Rep. Melvin Watt
> Rep. Jerrold Nadler
> Rep. Tammy Baldwin