Zap the system, pleeeaaase!!

Well, the time is upon us to certify last November's election, and there are some hopeful rumors that up to three senators were favorable to objecting to the certification of Ohio's electors. Possibly the certification of other states might be challenged, as well.

I will be back at the Dungeon of the Palace of DeWitt Wallace (ie the library computer lab) on Thursday so I will try to post some more stuff up as things in Washington unfold. Yes, the site has not been getting fresh content like we had going before finals. I would simply say that:

A) I have needed some time off of writing to read more–and actually read pleasant things, not the usual endless stream of insanity

B) the server had outdated versions of important software and it keeps forgetting what time it is. No, it is not 1904. So I've spent a while patching things up, strengthening the operation. This is especially important because

C) when looking through the hongpong.com server logs late last night, I discovered that the Central Intelligence Agency came back, (after their first openly identified visit—the real covert dudes would obviously use computers that didn't have IP numbers tied to CIA.gov) but this time, they downloaded a large section of things. I will say more about this later. Centcom.mil, the Joint Forces Command, and the usual jokers on Air Force and Army bases looking (via Google) for the violent military helicopter kill video keep coming back.

As you might imagine, the CIA has given me one of those weird post-paranoia feelings. I am not wildly alarmed, but it's motivated me to spend a while increasing the security of things, reflecting on what other script kiddies and spammers are trying to do all the time. I don't think the CIA has it 'in for me,' but it motivates me to keep a reasonably close eye on what is going on.

All this stuff has taken my attention away from looking at the election stuff and posting about it. But anyway here goes...

Your reading assignment, should you choose to accept it, is to look at the report by the Democratic staff of the House Judiciary Committee called "Preserving Democracy: What Went Wrong in Ohio." [Full PDF] I will post the whole executive summary below this stuff because it is important.

So bradblog.com is offering some hopeful rumors and tidbits. The great Clint Curtis will probably get some attention as well, as he was making the rounds through Capitol offices. Three senators, says Brad:

We have heard that there was a hard coalition of three Senators in support of challenging the Electors, while a larger number had hoped to simply publish a letter calling for Election Reform instead of taking the more impressive stand as recommended by the Constitution. There is a reason why in a body of hundreds, only two are required to immediately halt all proceedings in order to debate and investigate any Electoral chicanery.

While Election Reform is clearly necessary, that can be done next week, or next month. Tomorrow is the moment for Senators to stand up with the 24 House of Representative members to challenge Electors for being illegally seated.

We're happy to report we've heard that the three Senators in favor of challenge held strong, at least for the day, and did not fold in favor of the "Letter" option.

Well, that makes me feel a little more optimistic that the whole issue of vote integrity will get propelled into the news cycle for a while, but these days I just don't think it will stick. If it weren't for the tsunami disaster, there would have been a lot more oxygen in the media spin chamber for elevating this fight.

I have not been following these things as closely as before break, because I feel that most of the energy of the Vote 2004 story has pretty much been spent. I might be wrong.

For the sake of my country I hope that principled Democrats can raise as much ruckus as possible, and bite off at least the first two hours of the Authenticated BushTwoSquared Presidency. Make the bastard squirm a little, come on folks...

Preserving Democracy: What Went Wrong in Ohio: Executive summary

Representative John Conyers, Jr., the Ranking Democrat on the House Judiciary Committee, asked the Democratic staff to conduct an investigation into irregularities reported in the Ohio presidential election and to prepare a Status Report concerning the same prior to the Joint Meeting of Congress scheduled for January 6, 2005, to receive and consider the votes of the electoral college for president. The following Report includes a brief chronology of the events; summarizes the relevant background law; provides detailed findings (including factual findings and legal analysis); and describes various recommendations for acting on this Report going forward.

We have found numerous, serious election irregularities in the Ohio presidential election, which resulted in a significant disenfranchisement of voters. Cumulatively, these irregularities, which affected hundreds of thousand of votes and voters in Ohio, raise grave doubts regarding whether it can be said the Ohio electors selected on December 13, 2004, were chosen in a manner that conforms to Ohio law, let alone federal requirements and constitutional standards.

This report, therefore, makes three recommendations: (1) consistent with the requirements of the United States Constitution concerning the counting of electoral votes by Congress and Federal law implementing these requirements, there are ample grounds for challenging the electors from the State of Ohio; (2) Congress should engage in further hearings into the widespread irregularities reported in Ohio; we believe the problems are serious enough to warrant the appointment of a joint select Committee of the House and Senate to investigate and report back to the Members; and (3) Congress needs to enact election reform to restore our people’s trust in our democracy. These changes should include putting in place more specific federal protections for federal elections, particularly in the areas of audit capability for electronic voting machines and casting and counting of provisional ballots, as well as other needed changes to federal and state election laws.

With regards to our factual finding, in brief, we find that there were massive and unprecedented voter irregularities and anomalies in Ohio. In many cases these irregularities were caused by intentional misconduct and illegal behavior, much of it involving Secretary of State J. Kenneth Blackwell, the co-chair of the Bush-Cheney campaign in Ohio.

First, in the run up to election day, the following actions by Mr. Blackwell, the Republican Party and election officials disenfranchised hundreds of thousands of Ohio citizens, predominantly minority and Democratic voters:

• The misallocation of voting machines led to unprecedented long lines that disenfranchised scores, if not hundreds of thousands, of predominantly minority and Democratic voters. This was illustrated by the fact that the Washington Post reported that in Franklin County, “27 of the 30 wards with the most machines per registered voter showed majorities for Bush. At the other end of the spectrum, six of the seven wards with the fewest machines delivered large margins for Kerry.” Among other things, the conscious failure to provide sufficient voting machinery violates the Ohio Revised Code which requires the Boards of Elections to “provide adequate facilities at each polling place for conducting the election.”

• Mr. Blackwell’s decision to restrict provisional ballots resulted in the disenfranchisement of tens, if not hundreds, of thousands of voters, again predominantly minority and Democratic voters. Mr. Blackwell’s decision departed from past Ohio law on provisional ballots, and there is no evidence that a broader construction would have led to any significant disruption at the polling places, and did not do so in other states.

• Mr. Blackwell’s widely reviled decision to reject voter registration applications based on paper weight may have resulted in thousands of new voters not being registered in time for the 2004 election.

• The Ohio Republican Party’s decision to engage in preelection “caging” tactics, selectively targeting 35,000 predominantly minority voters for intimidation had a negative impact on voter turnout. The Third Circuit found these activities to be illegal and in direct violation of consent decrees barring the Republican Party from targeting minority voters for poll challenges.

• The Ohio Republican Party’s decision to utilize thousands of partisan challengers concentrated in minority and Democratic areas likely disenfranchised tens of thousands of legal voters, who were not only intimidated, but became discouraged by the long lines. Shockingly, these disruptions were publicly predicted and acknowledged by Republican officials: Mark Weaver, a lawyer for the Ohio Republican Party, admitted the challenges “can’t help but create chaos, longer lines and frustration.”

• Mr. Blackwell’s decision to prevent voters who requested absentee ballots but did not receive them on a timely basis from being able to receive provisional ballots likely disenfranchised thousands, if not tens of thousands, of voters, particularly seniors. A federal court found Mr. Blackwell’s order to be illegal and in violation of HAVA.

Second, on election day, there were numerous unexplained anomalies and irregularities involving hundreds of thousands of votes that have yet to be accounted for:

• There were widespread instances of intimidation and misinformation in violation of the Voting Rights Act, the Civil Rights Act of 1968, Equal Protection, Due Process and the Ohio right to vote. Mr. Blackwell’s apparent failure to institute a single investigation into these many serious allegations represents a violation of his statutory duty under Ohio law to investigate election irregularities.

• We learned of improper purging and other registration errors by election officials that likely disenfranchised tens of thousands of voters statewide. The Greater Cleveland Voter Registration Coalition projects that in Cuyahoga County alone over 10,000 Ohio citizens lost their right to vote as a result of official registration errors.

• There were 93,000 spoiled ballots where no vote was cast for president, the vast majority of which have yet to be inspected. The problem was particularly acute in two precincts in Montgomery County which 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.

• There were numerous, significant unexplained irregularities in other counties throughout the state: (i) in Mahoning county at least 25 electronic machines transferred an unknown number of Kerry votes to the Bush column; (ii) Warren County locked out public observers from vote counting citing an FBI warning about a potential terrorist threat, yet the FBI states that it issued no such warning; (iii) the voting records of Perry county show significantly more votes than voters in some precincts, significantly less ballots than voters in other precincts, and voters casting more than one ballot; (iv) in Butler county a down ballot and underfunded Democratic State Supreme Court candidate implausibly received more votes than the best funded Democratic Presidential candidate in history; (v) in Cuyahoga county, poll worker error may have led to little known third-party candidates receiving twenty times more votes than such candidates had ever received in otherwise reliably Democratic leaning areas; (vi) in Miami county, voter turnout was an improbable and highly suspect 98.55 percent, and after 100 percent of the precincts were reported, an additional 19,000 extra votes were recorded for President Bush.

Third, in the post-election period we learned of numerous irregularities in tallying provisional ballots and conducting and completing the recount that disenfanchised thousands of voters and call the entire recount procedure into question (as of this date the recount is still not complete) :

• Mr. Blackwell’s failure to articulate clear and consistent standards for the counting of provisional ballots resulted in the loss of thousands of predominantly minority votes. In Cuyahoga County alone, the lack of guidance and the ultimate narrow and arbitrary review standards significantly contributed to the fact that 8,099 out of 24,472 provisional ballots were ruled invalid, the highest proportion in the state.

• Mr. Blackwell’s failure to issue specific standards for the recount contributed to a lack of uniformity in violation of both the Due Process Clause and the Equal Protection Clauses. We found innumerable irregularities in the recount in violation of Ohio law, including (i) counties which did not randomly select the precinct samples; (ii) counties which did not conduct a full hand court after the 3% hand and machine counts did not match; (iii) counties which allowed for irregular marking of ballots and failed to secure and store ballots and machinery; and (iv) counties which prevented witnesses for candidates from observing the various aspects of the recount.

• The voting computer company Triad has essentially admitted that it engaged in a course of behavior during the recount in numerous counties to provide “cheat sheets” to those counting the ballots. The cheat sheets informed election officials how many votes they should find for each candidate, and how many over and under votes they should calculate to match the machine count. In that way, they could avoid doing a full county-wide hand recount mandated by state law.

Gooo Conyers, he's the man!

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