Bib said:
Iwant8,
>I'm curious what is your position on the election of 04 guys? What have you read that has you convinced one way or another that the election was legitimate and should or should not have been recounted fairly in a key state like Ohio? Have you read the Conyers Report? Have you read articles in the paper or online about the thousands of voting irregularities? This should be a universal issue as the voting process should be near the very top of our concerns.<
I believe I have seen almost every single major news organization questioned as to why they did not investigate the 04 election. Each and every one has said they DID investigate it, and that no significant irregularities were found.
In particular, I watched a round table with audience participation on CSPAN, of the heads of the major print and media companies. Whether left or right, they each, in turn, said that any story of fraud would have been 'front page', and a welcome monetary gain for them. They also each said there was nothing to write about. Just nothing. Talk about sour grapes?
Do you think the Conyers report was written from an unbiased point of view? Do you realize that there are at least two democrat party representatives at each precinct, and can dispute anything at any time? Do you realize that the democrat party is represented at each stage, and at every instance of tabulation, and that they have to sign off on the results? Did you know that the Ohio vote was recounted, as a matter of course, and the recount viewed by representatives of the democrat party?
Bush received more votes than any candidate ever in US history. He has been through the same shit with Ann, Mark, Al and John. He has been called every name in the book, and accused of about every act humanly possible. All he has done is win each time.
I and over 60 million other voters put him back in office. Deal with it. My wish is that the Republicans have cloture, 60 Senate votes in '06. If the dems continue as they have, it will be easy.
Bigger
I've read the Conyers Report and obviously you haven't. There are numerous obvious violations of the Voting Rights Act, Equal Protection, Due Process, and Ohio's right to vote law. The Report was done based on facts and nowhere is there bias analysis. READ IT. Blackwell did virtually everything he could to discourage voters and Republican party members particularly did all they could to discourage or intimidate the minority vote. The book consists of FACTs, official testimonial, news articles, ohio law, and reported confirmed statistics.
He tried to do all he could to cut back the right to provisional ballots in Ohio just for starters and I will be posting much more on this subject.
http://www.enquirer.com/editions/2004/10/22/loc_blackwell22.html
http://www.ohio.com/mld/beaconjournal/news/state/9969776.htm
http://www.fairelection.us/documents/ohio_article_3.htm
http://www.truthout.org/docs_04/100104J.shtml
But read this lest you're scared your position might change.
From
What Went Wrong In Ohio
III. Post Election
A. Confusion In Counting Provisional Ballots
Facts
Secretary Blackwell's failure to issue standards for the counting of provisional ballots led to a chaotic and confusing result:each of Ohio's 88 counties could count legal ballots differently or not at all. This inevitably led to the kind of arbitrary ruling which was made after the election in Cuyahoga County, where it was manadated that provisional ballots in yellow packets must be "rejected" if there is no "date of birth" on the packet. This ruling was issued despite the fact that the original "Privisional Verification Procedure" from Cuyahoga County stated, "Date of birth is not mandatory and should not reject a provisional ballot" and simply required that the voter's name, address and a signature match the signature in the county's database. The People for the American Way Foundation sought a legal ruling ordering Secretary Blackwell and the County Elections Board to compare paper registration and electronic records. People for the American Way further asked the Board to notify each voter whose ballot was invalidated about how the invalidation could be challenged. Neither of these actions were taken.
In another case, while the counties were directed by the state to ensure that voters were registered during the thirty days before the election, one college student who had been registered since 2000, and was living away from home, was denied a provisional ballot.
Analysis
Mr. Blackwell's failure to articulate clear and consistent standards for the counting of provisional ballots probably resulted in the loss of several thousand votes in Cuyahoga County alone, and the loss of untold more statewide. This is because the lack of guidance and the ultimate narrow and arbitrary review standards imposed in Cuyahoga County appear to have significantly contributed to the fact that in that county, 8,099 out of 24,472 provisional ballots, or approximately one third, were ruled invalid, the highest proportion in the state. This number is twice as high as the percentage of provisional ballots rejected in 2000.
These series of events constitute a possible violation of the Voting Rights Act, since the apparent discarding of legitimate votes undoubtedly had a disproportionate impact on Minority voters concentrated in urban areas like Cuyahoga County which had the highest shares of the state's provisional ballots. The actions may also violate Ohio's constitutional right to vote.
As for that recount in Ohio-
C. TRIAD GSI-USING A "CHEAT SHEET" TO CHEAT THE VOTERS IN HOCKING AND OTHER COUNTIES
Facts
Perhaps the most disturbing irregularity that we have discovered in connection with the recount involves the activities and operations of TRIAD GSI, a voting machine company. On December 13, 2004, House Judiciary Committee Democratic staff met with Sherole Eaton, Deputy Director of Elections for Hocking County. She explained that on Friday, December 10, 2004, Michael Barbian, Jr., a representative of Triad GSI, unilaterally sought and obtained access to the voting machinery and records in Hocking County, Ohio.
Ms. Eaton saw Mr. Barbian modify the Hocking County computer vote tabulator before the announcement of the Ohio recount. Then, when the plan was announced that the Hocking County precinct was to be the subject of the initial Ohio test recount, Ms. eaton saw Mr. Barbian make further alterations based on his knowledge of that plan. Ms. Eaton also has firsthand knowledge that Mr. Barbian told election officials how to manipulate voting machinery to ensure that a preliminary hand recount would match the machine count.
A full state recount could be done only if the hand-and machine-recounts did not match, and it would appear that Mr. Barbian's manipulations were intended to insure that they did match.
According to the affidavit, the Triad official sought access to the voting machinery based on the apparent pretext that he wanted to review some "legal questions" that Ohio voting officials might receive as part of the recount process. Several times during his interaction with Hocking County voting machines, Mr. Barbian telephoned Triad's offices to obtain programming information relating to the machinery and the precinct in question. It is now known that Triad officials have intervened in other counties in Ohio: Grenne and Monroe, and perhaps others.
In fact, Mr. Barbian has admitted that he altered tabulating software in Hocking, Lorain, Muskingum, Clark, Harrison, and Guernsey counties. Todd Rapp, President of Triad, has also confirmed that these sorts of changed are standard procedure for his company.
Firstly, during an interview, filmmaker Lynda Byrket asked Mr. Barbian, "You were just trying to help them so that wouldn't have to do a full recount of the county, to try to acoid that?" Mr Barbian answered, "Right." She went on to ask: "Did any of your counties have to do a full recount?" Mr. Barbian replied, "Not that I'm aware of."
Secondly, it appears that Mr. Barbian's activities were not the actions of a rogue computer programmer, but the official policy of Triad. Todd Rapp explained during a Hocking County Board of Elections meeting:
The purpose was to train people on how to conduct their jobs and to help them identify problems when they conducted the recount. If they could not hand count the ballots correctly, they would know what they needed to look for in that hand count.
Barbian noted that he had "provided [other counties] reports so they could review the information on their own."
One observer asked, "Why do you feel it was necessary to point out to a team counting ballots the number of overvotes and undervotes, when the purpose of the team is to in fact locate those votes and judge them?"
Barbian responded,"...it's just human error. The machine count is right....We're trying to give them as much information to help them out."
In addition, Doubglas W. Jones, a computer election expert from the University of Iowa, reviewed the Eaton Affidavit and concluded that it described behavior that was dangerous and unnecessary:
I have reviewed the Affidavit of Sherole L. Eaton ("the Eaton Affadavit"), the Deputy Director of the Hocking County Board of Elections, as well as the letter of Congressman John Conyers to Kevin Brock, Special Agent in Charge with the FBI in Cincinnati, Ohio. In light of this information, and given my expertise and research on voting technology issues and the integrity of ballot counting systems, it is my professional opinion that the incident in Hocking County, Ohio, threatens the overall integrity of the recount of the presidential election in Ohio, and threatens the ability of the presidential candidates, their witnesses, and the counter-plaintiffs in the above-captioned action, to properly analyze, inspect, and assess the ballots and the related voting data from the 2004 presidential election in Ohio. It is my understanding that 41 of Ohio's 88 counties use Triad voting machines. As a result, the incident in Hocking County could compromise the statewide recount, and undermine the public's trust in the credibility and accuracy of the recount.
We have received several additional reports of machine irregularities involving several other counties serviced by Triad, including a report that Triad was able to alter election software by remote access:
In Union County, the hard drive on the vote tabulation machine, a Triad machine, had failed after the election and had been replaced. The old hard drive was returned to the Union County Board of Elections in response to a subpoena.
The Directors of the board of Elections in both Fulton and Henry County stated that the Triad company had reprogrammed the computer by remote dial-up to count only the presidential votes prior to the start of the recount.
In Monroe County, the 3% hand count failed to match the machine count twice. Subsequent runs on that machine did not match each other nor the hand count. The Monroe County Board of Elections summoned a repairman from Triad to bring a new machine and the recount was suspended and reconvened for the following day. On the following day, a new machine was present at the Board of Elections office and the old machine was gone. The Board conducted a test-run followed by the 3% handcounted ballots. The results matched this time, and the Board conducted the remainder of the recount by machine.
In Harrison County, a representative of the Triad company reprogrammed and retested the tabulator machine and software prior to the start of the recount. The Harrison County tabulating computer is connected to a second computer linked to the Secretary of State's Office in Columbus. The Triad technician handled all ballots during the machine recount and performed all tabulation functions. The Harrison County Board of elections kept voted ballots and unused ballots in a romm open to direct public access during daytime hours when the courthouse is open. The Board had placed voted ballots in unsealed transfer cases stored in an old wooden cabinet that, at one point, was said to be lockable and, at another point, was said to be unlockable.
On December 15, 2004, Rep. Conyers forwarded information concerning the irregularities alleged in the Eaton Affidavit to the FBI and to local prosecutors in Ohio. He has not received a response to that letter. On December 22, 2004, Rep. Conyers forwarded a series a questions concerning this course of events to the President of Traid GSI and to Mr. Barbian. Counsel for Triad GSI has indicated that a response would be forthcoming later this week or shortly thereafter. [This report was written toward the end of December or the first week in January.]
Analysis
Based on the above, including actual admissions and statements by Triad employees, it strongly appears that Triad and its employees engaged in a course of behavior to provide "cheated sheets" to those counting the ballots. The cheat sheets told them 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. If true, this would frustrate the entire purpose of the recount law-designed randomly to ascertain if the vote-counting apparatus is operating fairly and effectively, and, if it is not, to conduct a full hand recount. By ensuring that election-night results, Triad's actions may well have prevented scores of counties from conducting a full and fair recount in compliance with Equal Protection, Due Process, and the First Amendment.
In addition, the course of conduct outlined above would appear to violate numerous provisions of Federal and state law. As noted above, 42 U.S.C.
S 1973 provides for criminal penalties for any person who, in any election for Federal office, "knowingly and willfullt deprives, defrauds, or attempts to defraud the residents of a State of a fair and impartially conducted election process, by...the procurement, casting, or tabulation of ballots that are known by the person to be materially false, fictitious, or fraudulent under the laws of the State in which the election is held." Section 1974 requires the retention and preservation of all voting records and papers for a period of twenty-two months from the date of a Federal election and makes it a felony for any person to "willfully steal, destroy, conceal, mutilate, or alter" any such record.
Ohio law further prohibits election machinery from being serviced, modified, or altered in any way subsequent to an election, unless it is so done in the presence of the full Board of Elections and other observers. Any handling of ballots for a subsequent recount must be done in the presence of the entire Board and any qualified witnesses. This would seem to operate as a de facto bar against altering voting machines by remote access. Containers in which ballots are kept may not be opened before all of the required participants are in attendance. It is critical to note that the fact that these "ballots" were not papers in a box is of no consequence in the inquiry as to whether State and Federal laws were violated by Mr. Barbian's conduct: Ohio Revised Code defines a ballot as "the official election presentation of offices and candidates...
and the means by which votes are recorded." OHIO REC. CODE
S 3506.01(B) (West 2004). Therefore, purposes of Ohio law, electronic records stored in the Board's computer are to be considered "ballots." Triad's interference with the computers and their software would seem to violate these requirements.
Further, any modification of the election machinery may be done only after full notice to the Secretary of State. Ohio Code and related regulations require that after the State certifies a voting system, changes that affect "(a) the method of recording voter intent;(b) voter privacy;(c) retention of the vote; or (d) the communication of voting records," must be done only after full notice to the Secretary of State." We are not aware that any such notice was given to the Secretary.
Finally, Secretary Blackwell's own directive, coupled with Ohio Revised Code
S 3505.32, prohibits any handling of these ballots without bipartisan witnesses present. That section of the code provides that during a period of official canvassing, all interaction with ballots must be "in the presence of all of the members of the board and any other persons who are entitled to witness the official canvass." The Ohio Secretary of State issued orders that election officials are to treat all election materials as if the State were in a period or canvassing, and that, "teams of one Democrat and one Republican must be present with ballots at all times of processing."
Triad sought to respond to these charges by arguing that Ohio law requires a Board of Elections to prevent the counting or tabulation of other races during a recount and limit these activities to those offices or issues for which a formal recount request has been filed. However, this requirement does not supersede the above requirements that election machinery only be serviced or otherwise altered in the presence of the full Elections Board and observers. There are at least two ways this recount process could have been conducted legally. Firstly, recounters could have been given the full ballot and been instructed simply not to count the other races recorded. Secondly, the service company employees could have waited to alter the software program until the offical recount began in the presence of the Board and qualifying witnesses. Neither of these scenarios occurred in the present case.
In addition to these provisions imposing duties on the Board of Elections, there are numerous criminal penalties that can be incurred by those who actually tampered with the machines. These apply to persons who "tamper or attempt to tamper with...or otherwise change or injure in any manner any marking device, automatic tabulating equipment or any appurtenances or accessories thereof;" "destroy any property used in the conduct of elections; "unlawfully destroyor attempt to destroy the ballots, or permit such ballots or a ballot box or pollbook used at an election to be destroyed; or destroy [or] falsify;" and "willfully and with fraudulent intent make any mark or alteration on any ballot."
It is noteworthy that Triad and its affiliates, the companies implicated in the midsconduct outlined above, are the leading suppliers of voting machines involved in the counting of paper ballots and punch cards in the critical states of Ohio and Florida.
Triad is controlled by the Rapp family, and its founder Brett A. rapp has been a consistent contributor to Republican causes. In addition, a Triad affiliate, Psephos Corporation, supplied the notorious butterfly ballot used in Palm Beach County, Florida, in the 2000 Presidential election.
What Went Wrong In Ohio 2005. Academy Chicago Publishers. Edited by Anita Miller.
Ohio uses election judges and shouldn't have had to have as many challengers at the polls. Ohio uses election judges and shouldn't have had to have challengers at the polls. The consequences of a decision to allow multiple challengers at each polling place by each political party backed by Secretary of State Blackwell was the Republican party registering one challenger for each precinct while the Democrats registered one challenger for each polling place. HUGE DIFFERENCE. That doesn't smell right. Republicans had poll challengers in 30 of the 88 counties, and a vast majority were focused in Minority and urban areas.
http://www.democracymeansyou.com/ohio_conyers/page0043.htm
I can give other sources that are from the book and some that are not if you'd like. I'd be surprised if you've read this far though seeing as how you're so decided on your position, which is based on what was said as opposed to something you've seen for yourself.