Lawyers documenting voting problems say they'll challenge election

http://www.ohio.com/mld/beaconjournal/news/state/10226991.htm

Posted on Fri, Nov. 19, 2004

Associated Press

COLUMBUS, Ohio - Lawyers who have been documenting voting day problems in Ohio say they'll challenge the results of the presidential election as soon as the vote is official.

The lawyers say documented cases of long lines, a shortage of machines and a pattern of problems in predominantly black neighborhoods are enough evidence to bring such a challenge.

"The objective is to get to the truth," said Cliff Arnebeck, a lawyer who said he'll represent voters who cast ballots Nov. 2. Arnebeck said the effort is bipartisan.

"What's critically important, whether it's President Bush or Sen. Kerry, whoever's been actually elected, is to know you won by an honest election," he said. "So it's in the interest of both sides as American citizens to know the truth and to have this answered."

More than 200 people in Columbus voiced their complaints Nov. 13 about voting problems on Election Day, some accusing the state of voter suppression. Many were Kerry supporters.

The hearing was organized by Robert Fitrakis, a lawyer and political science professor at Columbus State Community College, who is also involved in filing the challenge.

Ohio Secretary of State Kenneth Blackwell will certify the election results by Dec. 6, spokesman Carlo LoParo said Friday.

electors from voting for Bush or what ??? what the heck does this mean?

Good to read about something (anything) aggressive, though. 'Bout time!

http://www.passinglane.com/elections /

Originally published 11/10/04 :: Last updated 11/12/04

Recently I've started paying more attention to the mounting discourse on the internet and in some media outlets about recent election irregularities.

While mainstream media has been showing lots of coverage of democrats beating themselves up over what they could have done differently and their underestimation of the sheer number of passionate and mobile conservatives, very few have been covering the increasing accounts of election tally irregularities. It seems that each day the election passes there are more legitimate questions being asked, and circumstantial evidence revealed, that raises serious question of whether this election was called accurately at all.

In Florida there are 29 counties out of 67 (over 43% of the counties in the state) that have a direct inverse relationship between the percentage of people registered to a party and the percentage of votes received by that party. Examples: Hardy County registrations are 5:2 democratic, results are nearly 2:5 republican; Washington County registrations are 3:1 democratic, results are nearly 3:1 republican; Suwannee County registrations are a bit over 2:1 democratic, results are a bit over 2:1 republican; Bradford County registrations are a bit over 2:1 democratic, results are a bit over 2:1 republican; Holmes County registrations are 4:1 democratic, results are 3:1 republican.

The larger the disparity in registrant affiliation, the larger the reverse disparity of the results. I can't see how anyone can claim that this is due to disproportionately huge voting shifts in the most democratic counties. That would mean, in a county like Lafayette (with only 570 registered republicans) every registered republican voted; every undeclared voter voted republican (169); and of the 3,570 registered democrats, 1,004 did not vote; and of those who did, registered democrats voted republican by more than 2 to 1 (1,721 to 845).

Increasingly, my theory is that counts were reversed in the less populated, heavily democratic Florida counties. These counties all used Optical Scanning machines to read paper ballots. If the wrong candidate was associated with the wrong hole in the punch card (Kerry and Bush were reversed) we would see results exactly consistent with what we received.

Furthermore, If we look at just the Touch-Screen machines in Florida, 8 out of 15 counties using these machines showed more voters moving toward Kerry and away from Bush as compared to the ratios of registered democrats and republicans. As a mater of fact, in each of these 8 counties Kerry/Edwards votes exceeded the number of registered democratic voters, while the number of republican votes were less than the total number of registered republicans in those counties.

I based my comparisons on a table originally constructed and published by Kathy Dopp at: http://ustogether.org/election04/FloridaDataStats.htm (listed on the legend page as a data source). I used the State of Florida's election website at: http://enight.dos.state.fl.us / to spot check the accuracy of Kathy Dopp's table. In my analysis I modeled reversing the vote tallies in the 29 counties that had the largest inverse relationship between election results and the party affiliation of voters.

On the following pages (links above) Florida election results are compared, county by county, with voter party affiliation. It appears there is very clear evidence of serious fraud, or at the very least, coincidental errors beyond anyone's imagination. I have attempted to lay this information out as clearly as possible. Please take a look and decide for yourself.

Additional Links of Interest:

Subsequent to my publishing these pages I discovered another great analysis by Kathy Dopp titled, "Surprising Pattern of Florida's Election Results". This page further breaks down the vendor of voting machines in each county (I did not see any correlation between manufacturers of optical scanning machines and voting disparity). This page also provides great off-site links, including a document by Steven F. Freeman, PhD at the University of Pennsylvania, entitled "The Unexplained Exit Poll Discrepancy" that examines the issues surrounding the surprising discrepancies between election results and exit polls.


To respond to the contents of this site, or share your own evidence of election irregularity or fraud, please email: electionmess@yahoo.com

Welcome to DU!! :toast:

If the totals are certified on the 6th, will there be time to recount before the 13th, when the EC meets?

ohio state law says dec. 1
can someone explain?

Unless it's appealed. Don't know election law, but that's what he said.

what happened here was a load of shite. And this was probably mostly people from Columbus -- there may have been more people in other areas who couldn't haul butt down there to complain.

Even if it doesn't change things this time, it might change things the next time. We can't let things happen this way again, it's ridiculous and shameful.

What more could challenge mean but challenge through the courts?

Though I don't know what good it will do. Votes not cast can't be counted, and the votes that were cast favor Bush this time around. I'm as concerned about future elections in Ohio and their integrity, and the suppression of minorities and the poor, as I am about this year. Really -- I don't think any recounting is going to favor Kerry because of this BS they pulled putting people who had the least power to protest in the most vulnerable position. Scare the crap out of them, give them inadequate machinery and then don't allocate enough people to the precincts to handle the demand -- it's right out of the voter suppression playbook. Is it any wonder it was inner-city precincts? Can you imagine if they'd done this in a rural (mostly white) or rich suburban precinct? Please, there's no way that would have happened. They'd have run the SoS out of town on a rail if he'd done this to rich white people, and Blackwell knows it.

Rehnquist hasn't come back yet has he?

Somehow, I can't believe shrub would just go away!!!

That's the way it works. Has to be before the electors cast their votes, though.

And make the state do it again--do it right this time.

Only problem is, if a judge does that, the decision will be appealed to the Supreme Court. We know pretty well now what the Supremes would do!

Well, at least that would let everyone know what a sham this election is, and create public pressure to do it right next time.

coming from this attorney. This meme is new to the national election conversation, AFAIK. Up to now, any mention whatsoever has been about "irregularities", and this guy is the first I've seen broaching the notion in polite company that Kerry might have won.

All proceeding according to plan.

Up until now, the mere possibility that Kerry might have won was dismissed as derisively as UFO sitings.

This is going quite well, IMHO. It's been hard because it moves so slowly but it IS moving.

HELL YEAH! While I agree that Bullsh may stay even with this, it does lend some validity to the case I hope. Wonder if Kerry's team will get involved? I am aware it could cause some friction, but these "anomalies" need to be looked into.

Perhaps this requires some emails.... O8)

thanks for the scoop!

IMPT -- RECOUNT Contributions going to wrong place - write Randi
http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=132&topic_id=1374388#1374617

I agree with some of the comments posted to this thread -- it's still a little vague, and I'm still concerned why they're not coordinating with the Cobb Campaign people or Help America Recount. Seems a little counterproductive to me, and I hope there's no duplicating of the wheel going on.

In any case, please contribute where YOU think your money's going to be better spent. For me, that would be Help America Recount, DU's own hedda_foil's 527 in conjunction with her National Ballot Integrity Project:

www.helpamericarecount.org

www.ballotintegrity.org/

And if you'd like to get personally involved with helping out the effort, by all means check into the Voting Issues forum. LOTS going on (Thread #2 is the more current, but both threads have important things in them):

Also, if you want to keep up with the news and developments (as best I can keep up with them), see these threads:

VOTE FRAUD Links - a DU Compendium
http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=201&topic_id=1984#

VOTE FRAUD Links Compendium - Thread #2
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=201x3223

:yourock: :toast:

There are provisional ballots to be counted. Kerry will probably pick up some votes there. There are irregularities like Gahanna votes that Kerry will pick up. There are spoiled ballots which may add some to Kerry side. Then there is the recount; which will recount the entire state. Who knows what will happen there. Those are just the vote counting aspects.

The election challenge is separate. It can be brought by the voters.

"§ 3515.08. Contest of election.

The nomination or election of any person to any public office or party position or the approval or rejection of any issue or question, submitted to the voters, may be contested by qualified electors of the state or a political subdivision."

A contest petition is signed by 25 voters:

"§ 3515.09. Filing contest petition.

A contest of election shall be commenced by the filing of a petition with the clerk of the appropriate court signed by at least twenty-five voters who voted at the last election for or against a candidate...."

A contest does not have to be filed until 10 days after the recount is completed:

"...within fifteen days after the results of any such nomination or election have been ascertained and announced by the proper authority, or if there is a recount, within ten days after the results of the recount of such nomination or election have been ascertained and announced by the proper authority."

In a statewise election it is heard by the Chief Justice of the Ohio Supreme Court or another member of the Supreme Court that he designates.

"In the case of an office to be filled or an issue to be determined by the voters of the entire state...said contest shall be heard and determined by the chief justice of the supreme court or a justice of the supreme court assigned for that purpose by the chief justice..."

So direct your eyes here: http://www.sconet.state.oh.us/Justices/

At the contest testimony is actually taken. That means I believe that there is an opportunity to bring out the other irregularities and violations of law that took place in Ohio.

The questions becomes what is the remedy. What happens if this proceeding displays evidence of massive fraud and violations of Federal Voting Rights?

Looks at Section 3515.08 et. seq. at the following link:

http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=main-h.htm&cp=PORC

help me find that 3515 you referenced to, i am so lost on this site :(

i found it