[A-List] US election: Conyers to Hold Hearings on Ohio Vote Fraud

["Michael Keaney" <michael.keaney@xxxxxx>]

[From ILCA Board and Staff] Conyers to Hold Hearings on Ohio Vote Fraud
By William Rivers Pitt, t r u t h o u t | Report

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.'
============================================================================
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