January 31, 2005

Report by "Georgia Citizens for Paper Ballots"

Important report by Georgia Citizens for Paper Ballots, on perils of electronic voting:


Article : "More Trials and Tribulations for Ohio" by Tova Andrea Wang

More Trials and Tribulations for Ohio

Tova Andrea Wang

The Century Foundation, 12/30/2004


"Ohio lawyer Cliff Arnebeck, with the backing of a number of progressive organizations, filed a motion in court last week challenging the presidential election. The petition argues it is almost statistically impossible for the exit poll data and the actual vote count to have varied so dramatically absent fraud, which the document alleges for the most part was carried out through the manipulation of electronic voting and counting machines. Whether or not Arneback can prove such a case, these allegations of high-tech fraud only serve to distract from the more mundane but critical ways that voting machine problems disenfranchised Ohio voters. And unlike machine tampering, these failures and abuses of the voting system are disturbingly well-documented.

"The machine problem in Ohio was two-fold: (1) there weren't enough of them and the breakdown of who did and did not have sufficient machines was extremely suspicious; (2) the overwhelming majority of machines in use were not electronic, but the same old punch cards Florida made notorious in the 2000 election.

"As detailed in my recent piece in the American Prospect, the failure to provide a reasonable number of voting machines in Ohio led to lines and wait times to vote that were not just unacceptably high—they were possibly an unconstitutional denial of voting rights. In Ohio, voters had to wait in line for up to ten hours. Thousands of voters were still waiting in line when the polls closed at 7:30 P.M.

How many people decided not to wait?

What makes this more disturbing are emerging revelations of just where the machines were and where they weren't.....

Full text of article

Commentary on Attorney General's Sanctions Motion Against Election Contest Attorneys

Commentary on Attorney General's sanctions motion against Election Contest attorneys:


Urgent! Contributions Needed for Legal Defense Fund

As you may know, the lawyers who represented the voters in the Election contest litigation have been sued by the Republican Attorney General for "sanctions" on the ground that their proceeding was frivolous. http://fairnessbybeckerman.blogspot.com/2005/01/sanctions-motion-brought-by-ohio.html

They are of course defending themselves, and part of the defense is to assemble and put before the Court the massive evidence of voter fraud that has occurred in Ohio.

The lawyers need your financial help. Please go to http://freepress.org/store.php#donate and make a financial contribution to the "Ohio Sanctions Defense Fund".

January 27, 2005

Analysis of Ohio Vote Fraud by Prof. Keefer

Analysis of Ohio Vote Fraud by Prof. Keefer:


Clermont County Affidavits Show that White Oval Stickers Were Affixed to Ballots Covering Kerry/Edwards Spaces, Plus Other "Irregularities"

Clermont County Affidavits Show that White Oval Stickers Were Affixed to Ballots Covering Kerry/Edwards Spaces, plus other irregularities and deception in Clermont County:


See also:

"On some ballots, there was a sticker on the ballot, the Kerry vote was covered with a sticker — no one could explain these stickers. Board of Elections — no one would 2nd the motion to bring this to a vote. Later other witnesses noticed stickers on other ballots. May have to invoke tampering, defiling statutes."

— Green Party Observer

Clermont County Recount


See also http://www.votecobb.org/recount/ohio_reports/counties/warren.php


Updated 8/4/05

January 25, 2005

The Counter-Inaugural Demonstrations of January 20th

Although it is the editorial policy of this blog at the present time to concentrate on evidence, investigation, litigation, and prosecution of the Ohio 2004 election fraud, I am making an exception by posting this informative link to news about the events of January 20th, in view of the mainstream media's suppression of that news:


January 24, 2005

"Voting Problems & Uncounted Votes in Lucas County" by Justine Smith

Voting Problems and Uncounted Votes in Lucas County, Ohio

by Justine Smith

January 23, 2005

The Columbus Free Press

I wish to acknowledge the work of Pat Lent, Brian Taylor and Cindy Darrah who contributed research and ideas for this paper. Dan Kornacki converted the data from Lucas County into an Excel Spreadsheet.

This report contains overwhelming evidence of voter suppression in Lucas County, Ohio.

A list of voters who voted provisionally was obtained from the Lucas County Board of Elections. The report listed name, address, precinct voted in and reason for the vote being invalidated. Voter turnout data by precinct was obtained from the Lucas County Board of Elections website. Other information was obtained over the telephone from the Lucas County Board of Elections and the Wayne County City Clerk’s office.

A large number of citizens voted by provisional ballot in Lucas County on November 2nd and most of the uncounted provisional votes were cast in Toledo.

Full text of article.

January 21, 2005

Triad Technician Who "Fixed" Hocking County Machines Was Also Present at Guernsey County Recount

Photographic evidence that Triad technician who "fixed" Hocking County machines was also present at Guernsey County recount:


Analysis of Electronic Voting by VotersUnite

An excellent analysis of Electronic Voting by VotersUnite.org:


Furnished courtesy of Dr. Lora Chamberlain of Progressive Democrats of Illinois.

Conyers Follows Up with Mitofsky and Rosin, Who Refuse to Turn Over Exit Poll Data

Congressman Conyers has written a followup letter to Warren Mitofsky and Larry Rosin, the exit pollsters, who have so far refused to cooperate.

Congressman Conyers has requested that they furnish him with "the actual raw exit poll data that [they] obtained" and any materials "seeking to explain the discrepancies" in them.

The full text of the letter has been published by the Columbus Free Press at

January 20, 2005

Congressman Conyers Writes to Ohio Attorney General About Sanctions Motion Against Election Contest Attorneys

Congressman Conyers has written the following letter to Ohio's Attorney General about the sanctions motion he brought against the lawyers for the voters in the Ohio election contest litigation:

January 20, 2005

The Hon. Jim Petro

Attorney General

State of Ohio

State Office Tower

30 E. Broad St, 17th Floor

Columbus, OH 43215

Dear Attorney General Petro:

I write to express my concern regarding your recent request to sanction those attorneys who brought a legal challenge to last year's presidential election in Ohio. In particular, I am concerned that by seeking official censure and fines, you are engaged in a selective and partisan misuse of your legal authority. As eager as many disgruntled voters are to have a court of law finally assess the merits of the challenge actions, I have serious doubts about the validity of the sanctions case your office is pursuing.

As an initial matter, one would be hard pressed to see how the legal challenges brought under the Ohio election challenge statute were "frivolous." First off, it is widely known that the Ohio presidential election was literally riddled with irregularities and improprieties, many of which are set forth in the 102 page report issued by the House Judiciary Committee Democratic Staff. http://www.house.gov As a matter of fact, the problems were so great that Congress was forced to debate the first challenge to an entire state's slate of electors since the federal Electoral Count law was enacted in 1877. In short, there is more than an abundant record raising serious, substantive questions about the Ohio presidential election.

It is also noteworthy that the Ohio Secretary of State intentionally delayed certifying the vote, thereby insuring that the recount could not be completed by the date the electoral college met on December 13. The Ohio Secretary State also refused to respond to numerous questions regarding the irregularities submitted to him by several members of the House Judiciary Committee, has refused to respond to a single concern set forth in the Judiciary Report, and also sought a protective order to avoid any discovery related to the legal challenges. In short, Ohio election officials have compounded public doubt concerning the election by refusing to provide any sort of accountability and acting in almost every respect as if they have "something to hide."

Given this context, and to help assure the public that you are not selectively pursuing sanctions in these cases for partisan reasons, I would respectfully request that you provide the House Judiciary Committee and the public with an itemization of all sanctions cases brought and considered by your office since January, 2003. In addition, I would ask that you provide to us and make public an itemization of cases you have considered and pursued under Ohio's campaign and election laws since January 2003. Finally, I would like to receive a an estimate of the costs you would expect to expend of Ohio taxpayer funds to pursue the sanction case you are seeking against Mr. Fitrakis, Susan Truitt, Cliff Arnebeck, and Peter Peckowsky.

If you believe the election challenge case should not have been brought, I would suggest the more appropriate course of actions may be revisiting the law with the Ohio legislature, rather than pursuing far-fetched sanction cases which on their face would appear to be overtly partisan in nature.

I would appreciate it if you would respond to me though my Judiciary Committee staff, Perry Apelbaum and Ted Kalo, 2142 Rayburn House Office Building, Washington, D.C. 20515 (tel. 202-225-6504, fax 202-225-4423) by no later than January 27. Thank you.


John Conyers, Jr.

Ranking Member

House Judiciary Committee

cc: Hon. F. James Sensenbrenner, Jr.

Chairman, House Committee on the Judiciary

Supreme Court, State of Ohio

Ohio Bar Association


January 19, 2005

Sanctions Motion Brought By Ohio Attorney General Against Election Contest Litigation Lawyers

The Free Press reports that the Ohio Attorney General has brought a sanctions motion against the lawyers who represented the voters in the Ohio election contest case:

Ohio's GOP Attorney-General launches revenge attack on Election Protection legal team

by Steve Rosenfeld and Harvey Wasserman

January 19, 2005

COLUMBUS -- In a stunning legal attack, Ohio's Republican Attorney-General has moved for censure against the four attorneys who sued George W. Bush et. al. in an attempt to investigate the Buckeye State's bitterly contested November 2 election.

Robert Fitrakis, Susan Truitt, Cliff Arnebeck and Peter Peckowsky were named by Attorney-General James Petro in a filing with the Ohio Supreme Court. Petro charges the November Moss v Bush and Moss v. Moyer filings by the Election Protection legal team were "frivolous". Petro is demanding official censure and fines.

"Instead of evidence, Contesters offered only theory, conjecture, hypothesis and invective," the attorney general's January 18th memo in support of the suit said. "A contest proceeding is not a toy for idle hands. It is not to be sued to make a political point, or to be used as a discovery tool, or be used to inconvenience or harass public officials, or to be used as a publicity gimmick."

But Cliff Arnebeck says it has been Petro and Ohio's partisan Republican Secretary of State, J. Kenneth Blackwell, who have stonewalled the election challenge legal proceedings. Both have refused to submit any evidence to the court to refute the allegations in the election challenge case - claiming George W. Bush did not win a majority in Ohio - and Petro's office has also refused to allow any Ohio public election official to be deposed.

"Their cage has been rattled and they popped their cork," Arnebeck said. "The chairman of the Ohio Republican Party is going berserk because he can't stand the fact we are not going away. We are still pursuing the legal investigation and the legal interrogations. They are just besides themselves because they cannot withstand cross examination."

Full article.

9 Members of House Judiciary Committee Request Formal Committee Hearings & Investigation

9 members of the House Judiciary Committee have written today to the Committee Chairman, Rep. F. James Sensenbrenner, requesting that the Committee convene hearings and commence an investigation into protection of the right to vote.

The letter states:

We write to you at the very outset of the 109th Congress, to request that our committee hold hearings and investigate the vital issue of protecting our citizens right to vote. The right to vote is the very foundation of our Democracy and is at the core of our Committee’s jurisdiction, and we can think of no more important or urgent issue before us than protecting our democratic rights. While the election is settled, however, our job as legislators on the Judiciary Committee to make sure that the constitutional right to vote is protected is just beginning.

In congressional forums many of us participated in Washington D.C. and Columbus, Ohio, we learned of significant voter irregularities in Ohio. These irregularities are included in a 100 page report Mr. Conyers issued, and include the following:

• The misallocation of voting machines led to lines of ten hours or more that disenfranchised scores if not hundreds of thousands of predominantly minority and Democratic voters. In Franklin County, 27 of the 30 wards with the most machines per registered voter showed majorities for Bush, while six of the seven wards with the fewest machines delivered large margins for Kerry. [1]

• 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 targeting minority voters for poll challenges.[2]

• The Ohio Republican Party’s decision to utilize thousands of partisan challengers concentrated in minority and Democratic areas disenfranchised numerous legal voters, who were not only intimidated, but became discouraged by the long lines in the adverse weather. Shockingly, these disruptions were publicly predicted 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.” [3]

• Numerous instances of intimidation and misinformation occurred across the state of Ohio that would appear to violate the Voting Rights Act. For example, the NAACP stated that it received over 200 calls regarding incidents of suspected voter intimidation or unusual election related activities, particularly actions taken by challengers who intimidated poll workers and voters. Other specific incidents involved a caller who reported that someone was going door-to-door telling people they were not registered to vote. A voter in Franklin County received information in the mail identified as being from the state that said he would have to vote by provisional ballot because he had moved; in fact, the voter had not moved and had lived at the address for 10-15 years. One polling place worker was reportedly only asking African American voters for their address. [4]

• In Franklin County, a worker at the Holiday Inn observed a team of 25 people who called themselves the “Texas Strike Force” using payphones to make intimidating calls to likely voters, targeting people recently in the prison system. The “Texas Strike Force” members hotel accommodations were apparently paid for by the Ohio Republican Party, whose headquarters is across the street. The hotel worker heard one caller threaten a likely voter with being reported to the FBI and returning to jail if he voted. Another hotel worker

called the police, who came but did nothing.[5] There were also reports of phone calls incorrectly informing voters that their polling place had changed. [6]

• The Cleveland Plain Dealer found that several Lake County residents received an official-looking letter on Board of Elections letterhead informing them that their polling place had changed or that they were not properly registered to vote. [7] A fake voter bulletin from Franklin County Board of Elections was posted at polling locations, and fliers were distributed in the inner city, telling Republicans to vote on Tuesday and Democrats to vote on Wednesday due to unexpected heavy voter registration. [8]

• In Cleveland, the Washington Post reported that unknown volunteers began showing up at voters’ doors illegally offering to collect and deliver complete absentee ballots to the election office. The Election Protection Coalition testified that in Franklin County, voters received fliers informing them that they could cast a ballot on November 3. Also, in Franklin County there were reports that about a dozen voters were contacted by someone claiming to be from the county board of elections, telling them their voting location was changed [11], and “door-hangers” telling African-American voters to go to the wrong precinct were distributed. [12]

In our view, this course of events is not consistent with the right to vote as we understand it. The fact that many of these instances appear to be focused particularly on minority voters is all the more disheartening, and triggers even more clearly our jurisdiction involving civil rights.

We look forward to full and open hearings concerning these instances of disenfranchisement in Ohio and around the Nation. We very much would like to work with you and your staff to insure that allegations of improprieties by both Democrats and Republicans are looked into and considered.


[1] Michael Powell & Peter Slevin, Several Factors Contributed to ‘Lost’ Voters in Ohio, Wash. Post, Dec. 15, 2004.

[2] DNC v. RNC, No. 04-4186, slip. op. (3d Cir. 2004).

[3] James Dao, GOP Bid to Contest Registrations is Blocked, N.Y. Times, Oct. 28, 2004, at A25 (quoting Mark R. Weaver).

[4] Preserving Democracy - What Went Wrong in Ohio, Judiciary Democratic Forum, (Dec. 8, 2004) (statement of Hilary Shelton, Director, Washington Bureau, National Association for the Advancement of Colored People).

[5] Judiciary Democratic 2004 Election Forum (Dec. 13, 2004) (statement of Prof. Robert Fitrakis); Bob Fitrakis et al., Startling New Revelations Highlight Rare Congressional Hearings on Ohio Vote, The Free Press, Dec. 13, 2004.

[6] Jo Becker & David Finkel, Now They’re Registered, Now They’re Not, Wash. Post, Oct. 31, 2004, at A22.

[7] Grant Segall, Voters Told to Ignore Hoax, The Plain Dealer, Oct. 29, 2004.

[8] Bob Fitrakis, None Dare Call it Voter Suppression, The Free Press, Nov. 7, 2004.

[9] See Becker & Finkel, supra.

[10] See Judiciary Democratic Forum (Dec. 8, 2004) (statement of Jon Greenbaum, Director, the Voting Rights Project).

[11] See Judiciary Democratic 2004 Election Forum (Dec. 13, 2004) (statement of Prof. Robert Fitrakis, Editor, The Free Press).

[12] E-mail from Cincinnati-area election volunteer, on file with the House Judiciary Committee Democratic Staff.

The letter was signed by Representatives Conyers,




Jackson Lee,



Wexler, and


January 18, 2005

Alliance for Democracy Seeks to Intervene Before Democratic Party Dismisses Its Own Case in Knox & Franklin Counties

On Election Day, the Ohio Democratic Party had brought a case in federal court due to the long lines in Franklin and Knox Counties. http://moritzlaw.osu.edu/electionlaw/docs/ohio/041102LongLineTROmotion.pdf and http://moritzlaw.osu.edu/electionlaw/docs/ohio/041102LongLinecomplaint.pdf

The only relief sought in the complaint by the Democrats was an injunction requiring election officials to provide paper ballots or other alternative means of voting in the affected counties on election day.

The court issued a temporary restraining order requiring officials to provide paper ballots or other alternative means of voting and directed that the polls had to remain open for all voters who had been in line at 7:30 p.m. http://moritzlaw.osu.edu/electionlaw/docs/ohio/041102LongLineOrder.pdf

The order further provided that it would expire on November 2, 2004, unless good cause were shown to extend it.

On December 2nd the Democratic Party agreed to withdraw its case http://moritzlaw.osu.edu/electionlaw/docs/OhioDems/stipulationofdsm.pdf and made a motion to dismiss its own case http://moritzlaw.osu.edu/electionlaw/docs/OhioDems/dismiss.pdf.

No decision of that motion has yet been handed down by the Court.

On January 14, 2005, the Alliance for Democracy made a motion to intervene in the case, alleging that:

"Movant Alliance has a compelling interest in the matter which is the subject of this action. The protection of democratic institutions, one of the most important of which is the right to vote, is the core purpose of the Alliance. The initial complaint filed by the Ohio Democratic Party, as well as the temporary injunctive relief granted by this court, sought to alleviate the extraordinarily long lines and delays being faced by voters within the City of Columbus and by voters in the precinct serving Kenyon College in Knox County. Since shortly after the election the Alliance has been involved in organizing, fund-raising and staffing the legal challenge to the Ohio presidential election on the basis of both the civil rights violations which were the subject of this original complaint and the manipulation of the counting of votes. Some members of the Alliance were individual Contestors in the Election Contest before the Ohio Supreme Court. Fraudulent manipulation of elections has been a major focus of the work of the Alliance in the ten years of its existence owing in part to the fact that its founder, Ronnie Dugger, wrote the seminal magazine article in the New Yorker Magazine in 1988 on the vulnerability of electronic voting machines to manipulation. The Alliance has been involved for the past four years in litigation in both federal and state court over the illegal use of corporate funding and expenditures to influence the outcome of a Ohio Supreme Court election campaigns.

In its funding and staffing of the legal challenge in the Ohio Supreme Court of the election results, the Alliance was attempting to address on a larger scale the problem which this court courageously and aggressively addressed on election day. Because the Ohio Supreme Court did not apply any discipline to the process of considering allegations of fraud brought by citizens in their capacity as voters, unless the federal court promptly adjudicates the unprecedented level of fraud in the Ohio presidential election those who perpetrated the fraud will be able to enjoy the fruits of victory rather than the just consequences of criminal conduct.

The Ohio Democratic Party appears, by its motion to dismiss its claims against the Franklin County Board of Elections, to have lost interest in further pursuit of this complaint. Intervenor Ohio Republican Party and defendant Blackwell appear to be seeking to nullify the importance of this court’s injunction as an important precedent for protecting voting rights and according equal protection of law for all Ohio citizens. Thus, there is no other party in this action that appears willing to aggressively represent the interest of the Alliance in protecting the democratic values at issue in this preceding."

It also sought to supplement the complaint in the suit, alleging that

"1. The disproportionally long lines experienced and observed in Afro-American voting precincts in Columbus, Ohio, on November 2, 2004, were, upon information and belief, a consequence of a statewide plan executed by Defendants Ohio Secretary of State Kenneth Blackwell and the Ohio Republican Party, acting as agents for the Bush-Cheney Presidential campaign.

2. Such plan and its execution violated the Voting Rights Act and the other provisions of the federal law, including the 14th Amendment of the Constitution of the United States.

3. Because such plan was carried out under the auspices of Defendant Ohio Secretary of State Kenneth Blackwell, acting in his dual capacity as Co-Chair of the Bush-Cheney Ohio Presidential campaign, such plan and its execution constituted a conspiracy to violate the constitutional rights of targeted Afro-American Ohio citizens under color of state law in violation of 42 U.S.C. 1983.

4. Defendant Franklin County Board of Elections through its Director Matthew Damschroder, upon information and belief, testified incorrectly before the court that nothing could be done to alleviate the long lines in Franklin County and the Board failed to carry out the mandate of the Court’s November 2, 2004 injunction, because in fact, in accordance with the Board’s own records, some 67 voting machines that could have been used were held back from use by voters.

5. Defendant Blackwell and the Ohio Republican Party, acting as agents for the Bush-Cheney Presidential campaign, upon information and belief, engaged in a wide variety of vote suppression techniques and permitted vote manipulation, by which votes cast by voters for Presidential candidate John Kerry were counted, in both the initial count on election day and the recount, as though they had been cast for Presidential candidate George W. Bush.

6. The conduct of the defendants in violation of law resulted in the false reporting of the initial election result in the Ohio Presidential vote, the recount, the certification of Ohio votes by the Congress of the United States and, unless such fraud is exposed before the scheduled Inauguration on January 20, 2004, will result in the second Inauguration of George W. Bush on the basis of an inaccurate vote count.

7. Title 3 of the United States Code establishing procedures for certification of votes of the electoral college is unconstitutional as applied, in this situation where no reasonable and adequate means has been provided for an adjudication of credible allegations of fraud supported by and substantial evidence, which fraud is determinative of the outcome of the election, can be considered and resolved in a public hearing before such certification.

8. The inauguration of a president on the basis of alleged fraud as to which the suspected perpetrators and conspirators have not even been examined under oath, constitutes a deprivation of an important liberty, namely the franchise to vote, without due process of law."

In addition, the Alliance for Democracy sought an emergency hearing, and an order granting leave to take the depositions of Secretary of State Kenneth Blackwell, Ohio Republican Party Chairman Robert Bennett, and Franklin County Board of Elections Director Matthew Damschroder.

The attorney for the Alliance for Democracy is Clifford O. Arnebeck, Jr., of Columbus, Ohio.

Important Article on the Reasons for the Media's Silence

A very important article has been written analyzing the reasons for the media's silence, "The Bush Rule of Journalism", By Robert Parry, January 17, 2005, Published on "consortiumnews.com":

“Don’t take on the Bushes” is becoming an unwritten rule in American journalism. Reporters can make mistakes in covering other politicians and suffer little or no consequence, but a false step when doing a critical piece on the Bushes is a career killer.

"The latest to learn this hard lesson are four producers at CBS, who demonstrated inadequate care in checking out memos purportedly written by George W. Bush’s commanding officer in the Texas Air National Guard in the early 1970s. For this sloppiness, CBS fired the four, including Mary Mapes who helped break last year’s Abu Ghraib torture scandal.

"A painful irony for the CBS producers was that the central points of the memos – that Bush had blown off a required flight physical and was getting favored treatment in the National Guard – were already known, and indeed, were confirmed by the commander’s secretary in a follow-up interview with CBS. But even honest mistakes are firing offenses when the Bushes are involved."


January 17, 2005

Election Reform Poll by Rep. John Conyers, Jr.

Congressman John Conyers, Jr., has posted a poll on election reform:


Free Press Says Blackwell is Using Optical Scan to Create Perpetual Republican Control of Ohio

In the Columbus Free Press on January 17th:

"In Ohio, Republican Secretary of State J. Kenneth Blackwell is taking steps to ensure perpetual Republican domination of Ohio. On January 12, Blackwell issued a statewide directive requiring all of Ohio’s 88 county Boards of Elections to commit to optical scan voting machine systems from two notoriously partisan Republican corporations – Diebold Election Systems or Election Systems & Software (ES&S). The choices are to be made by February 9.

Blackwell supporters say this move will effectively put the entire state into paper ballots, a crucial step toward unifying procedures and facilitating recounts.

But the machines and their makers remain suspect. John Kerry expressed concern over similar opti-scan tabulators that were used in the New Mexico election in 2004. In a conference call with the Rev. Jesse Jackson and two Ohio election litigation attorneys, Kerry observed that despite the registration percentages in New Mexico, he seemed to lose in every county where the optical scan systems were used, no matter what their demographic make up or party history."

Complete article.

Four Members of Congress Call for Special Prosecutor to Investigate Blackwell

On Friday, January 14, 2005, Congressional Representatives John Conyers, Jr., Jerrold Nadler, Robert C. Scott, and Sheila Jackson Lee, asked the Justice Department to appoint a Special Counsel to investigate possible criminal conduct in connection with the Ohio 2004 Election by J. Kenneth Blackwell.

In this detailed letter, the congresspersons stated that through the House Judiciary Democrats' investigation, they had learned of "numerous instances of voter intimidation and misinformation,improper purging, caging of minority voters, misuse of Help America Vote Act (HAVA) funds,
voting machine tampering, perjury, and most recently, potential misuse of the federal seal in a
campaign solicitation by Ohio Secretary of State Blackwell. Since this and other apparent
violations by the Secretary of State presents such an obvious conflict for your office, we would
ask that you appoint a special counsel to investigate this matter."

Full text of the letter: http://miamedia.com/news/20050114dojelectionspconltr.pdf

or http://www.BradBlog.com/Docs/SpecialCounselLetter.pdf

or http://www.house.gov/judiciary_democrats/dojelectionspconltr11405.pdf

or http://shadowbox.i8.com/HJCletter2DOJ.pdf

Incredibly, although the existence of this letter was publicly disclosed on Friday, January 14, 2005, the "corporate media" have concealed the information from their viewers, readers, and listeners.


Clermont County Board of Elections Refused to Answer Recount Questions About Irregularities

Report by Bob Drake of the Clermont County recount team. He read the following letter to the Board of Elections on Thursday, December 16, 2004. "Clermont County used optical scan sheets, many of which were altered with stickers to cover a third party candidate vote (and at least one vote for Kerry), and modified to cast a vote for Bush. There were many other irregularities as well, and most are detailed in the letter below (e.g., Ralph Nader's name being present on the ballot). We still have not received answers to any of our questions.":




DECEMBER 16, 2005

Presentation at 2:00 PM Board of Elections Meeting

We the undersigned witnesses for the Ohio 2004 Cobb/Badnarik Recount in Clermont County hereby present this challenge and action request to the Board of Electors of Clermont County (“Board”):

1. We ask each member of the Board to disclose publicly what knowledge he or she has of the “stickers” found on certain ballots selected for the 3% hand count in Clermont County. Who affixed such stickers, what was their purpose and what statutory or regulatory authority can be cited in support of such practice?

2. We ask the Board to explain the decision of the Director not to reprint the ballots in order to remove the name of Ralph Nader as a candidate. If the decision was made not to reprint the ballots because there was insufficient time before Election Day, why is it that other counties were able to reprint their ballots to remove Nader’s name in time for the election? What actions were taken to attempt to reprint the ballots in time? What considerations went into such decision with respect to how the presence of this candidate might tend to siphon off legitimate votes for other candidates?

3. We ask the Board to explain each decision made at the Tuesday, December 14 meeting of the Board to count potential “overvotes” and potentially altered ballots, specifically:

a. Ballots to which stickers had been affixed to cover up marks in front of the name of one candidate where ovals were blackened for another candidate – such votes being treated in accordance with your Tuesday vote as votes for the candidate whose oval remained blackened, and not as overvotes

b. Ballots where there were two votes for a single candidate, one vote evidenced on the write-in line and a second vote being evidenced by a blackening of the oval next to the same candidate’s name, these ballots being treated as overvotes or, potentially, inconsistently depending upon the identity of the candidate benefiting from the characterization

c. Votes for both Ralph Nader and another candidate, which votes were not treated as overvotes, but rather a vote for the second candidate whose oval was blackened

4. If the Board has voted or does vote in the future not to change the characterization of the ballots in question as described in (3) above, which decision will result in there being no discrepancy between the 3% hand count and 3% tabulator count, we challenge such action on the grounds that it operates to lead to a false conclusion that no irregularities exist that justify a 100% recount in accordance with the Secretary of State’s guidelines. We hereby exercise our right to demand a 100% hand recount of the votes of Clermont County.

5. In the absence of a 100% recount and a completion of the review of documents pursuant to the recount (viz., the poll books, the uncounted abstentee ballots and the uncounted provisional ballots, as described below), we challenge any premature certification of the Clermont County 2004 election.

6. In the event there is no 100% hand recount, we restate our request that there be a substitution of some larger precincts so that the sampling will be more representative of the constituency of the county and we request that the Board override the decision of Danny Bare, director of the Board of Elections, not to accommodate this request.

7. In the event no substitution of precincts is made as requested in (6) above, we challenge the randomness of the selected precincts under the guidelines issued by the Secretary of State, which require a “random” selection. The precincts selected for recount were not selected randomly; rather, the smallest precincts were selected, plus one additional precinct, which could “skew” the results.

8. We hereby restate our request for the following documents and challenge any certification of the 2004 vote on the grounds that the recount has not been completed, because there has been no 100% hand recount and the following have not been provided for reasonable review by Cobb/Badnarik witnesses:

a. Polling books for all precincts

b. Uncounted (rejected) absentee ballots

c. Uncounted (rejected) provisional ballots (which should include the name and address of each provisional voter), together with an explanation in each case as to the reason for the rejection

9. Additionally, we ask as citizens for

a. A list of the names, addresses, telephone numbers and titles or job duties of all employees, contractors, officials, Board members and others playing a role in the process of counting, recounting, systems certification and other matters affecting the integrity of the 2004 election in Clermont County and a list of any conflicts of interest that any such individuals or companies may have with respect to the role played by each such individual or company.

b. Online minutes and other public information as to the proceedings of the Tuesday, December 14 Board meeting and the meeting held today.
Signed this 16 day of December, 2004:


Tina Herald, Clermont County Recount Coordinator


Cynthia Asrir, Recount Regional Coordinator, SW Ohio


Bob M. Drake, Clermont County Recount Witness

January 14, 2005

Blackwell's Attempt to Force Optical Scan System Opposed by some counties

Blackwell's Attempt to Force Optical Scan System Opposed by some counties

Congressman Conyers Asks Justice Department to Appoint Special Counsel to Investigate Ohio

Congressman Conyers Has Asked the Justice Department to Appoint a Special Counsel to Investigate Possible Criminal Conduct in Connection with the Ohio 2004 Election by J. Kenneth Blackwell.

In this detailed letter, Conyers stated that through the House Judiciary Democrats' investigation, they had learned of "numerous instances of voter intimidation and misinformation,improper purging, caging of minority voters, misuse of Help America Vote Act (HAVA) funds,
voting machine tampering, perjury, and most recently, potential misuse of the federal seal in a
campaign solicitation by Ohio Secretary of State Blackwell. Since this and other apparent
violations by the Secretary of State presents such an obvious conflict for your office, we would
ask that you appoint a special counsel to investigate this matter."

Full text of the letter: http://miamedia.com/news/20050114dojelectionspconltr.pdf

or http://www.BradBlog.com/Docs/SpecialCounselLetter.pdf

or http://www.house.gov/judiciary_democrats/dojelectionspconltr11405.pdf

or http://shadowbox.i8.com/HJCletter2DOJ.pdf

Letter from Congressman Conyers to Attorney General Ashcroft

Letter from Congressman Conyers to Attorney General Ashcroft, Requesting Appointment of Special Counsel to Investigate J. Kenneth Blackwell

New Mexico to Start Destroying Evidence While Recount Pending


2004 Green Party presidential candidate David Cobb today accused
New Mexico election officials of "deliberately obstructing justice" by
giving counties the green light to clear electronic voting machines while a
demand for a recount of New Mexico's controversial presidential vote is
still pending.

New Mexico had the nation's highest percentage of under-votes
for the presidential race. In addition, there are still many unanswered
questions about provisional ballots, missing votes and the integrity of
voting machines which don't produce a paper trail.

"The conduct of New Mexico's Governor and Secretary of State has
gone from bad to worse. They have gone from showing a complete disregard
for New Mexico law and for the integrity of the democratic process to
deliberately obstructing justice. Clearing the electronic voting machines
while a recount demand is pending will destroy critical evidence about what
happened on Election Day. This is outrageous and makes you wonder what they
are trying to hide," said Cobb.

The recount request by Cobb and Libertarian Party presidential
candidate Michael Badnarik is now the subject of a lawsuit pending in the
New Mexico Court of Appeals.

In a letter faxed today to the New Mexico Attorney General's
office, an attorney representing the two presidential candidates objected to
the voting machines being cleared and suggested that the Secretary of State
was "shirking her responsibility to insure uniform application of the
election laws" by allowing county clerks to decide on their own whether or
not to clear the voting machines.

"Although, generally, voting machines can be cleared 30 days
after the official certification of the vote, New Mexico law is clear that
this can't happen when a recount has been initiated. With an appeal pending
in the New Mexico court system, any adjustment to the machines at this time
is clearly inappropriate and contrary to state law," said Lowell Finley, one
of the attorneys representing the candidates.

Voting rights attorneys will file a request for a temporary
restraining order tomorrow against the State Canvassing Board and county
clerks seeking to prevent them from clearing voting machines.

The State Canvassing Board, consisting of the New Mexico's
Governor, Secretary of State and Chief Justice, met tonight and formally
rejected a proposal from Cobb and Badnarik for a partial recount of the
presidential vote, which would have expedited the process, saved time and
avoided any costs to taxpayers. Previously, the Secretary of State had
unilaterally rejected this proposal though she lacked the authority to do

"New Mexico's Governor and Secretary of State are doing such a
poor job of following state law that they're starting to make Ohio's Kenneth
Blackwell look good by comparison," said Cobb-LaMarche Media Director Blair

For more information about the Cobb-LaMarche campaign and its
recount efforts in New Mexico and Ohio, see http://www.votecobb.org.

January 13, 2005

Complaint and Affidavits of Voters in Knox and Franklin Counties About Long Lines, and Voters Leaving

Complaint and Affidavits of Voters in Knox and Franklin Counties About Long Lines, and Voters Leaving:


Congressman Conyers Asks Ohio's County Election Officials for Input

Congressman Conyers has sent letters to the Chairpersons, and Vice Chairpersons, of each county board of elections in Ohio, asking for their input. The text of the letter follows:


January 13, 2005

Dear County Election Board Chair and Vice-Chairs:

I would very much appreciate it if you would review the comprehensive Report regarding Ohio election law irregularities prepared by the House Judiciary Committee Minority Staff, located at http://www.house.gov/judiciary_democrats/ohiostatusrept1505.pdf. Given the importance of election reform, and the key role Ohio has played in recent elections, I believe it is imperative that the various election officials in Ohio provide Congress with their reactions to the attached report, including in particular the factual and legal conclusions set forth therein as they pertain to your county or similar incidents in your county.

In this regard, it is important to recognize that voting reforms are now supported by key members on both sides of the aisle. House Minority Leader, Rep. Nancy Pelosi (D-CA) observed during the House debates during last week's electoral challenge:

As elected officials, we have a solemn responsibility to improve our election system and its administration. We cannot be here again 4 years from now discussing the failings of the 2008 election. ...Our very democracy depends again on the confidence of the American people and the integrity of our electoral system. 151 Cong. Rec. H108 (daily ed. Jan. 6, 2005) (statement of Rep. Pelosi).

Rep. Bob Ney (R-OH), Chairman of the House Administration Committee, agreed, stating:

I know there are some problems obviously with this election. They are not frivolous. . . . There is no such thing as a perfect election. ... The question, then, is not whether or not mistakes were made. Of course they were. . . . We must always be seeking ways to improve the process. 151 Cong. Rec. H107 (daily ed. Jan. 6, 2005) (statement of Rep. Ney).

I hope that you too will recognize the need to insure that every eligible citizen in the state of Ohio and our nation as a whole is given the unfettered right to vote. If Americans can be fighting and dying to make sure every vote is counted in Afghanistan and Iraq, the least we can do as public officials is make sure our own voters are not disenfranchised.

Please be advised that I have issued this request to the other Chairs and Vice Chairs of the Board of Elections for each county in the state of Ohio in order to obtain their relevant assistance as well. Please respond to me at your earliest convenience, and by no later than January 27 if at all possible, through Perry Apelbaum or Ted Kalo of my Judiciary Committee staff, 2142 Rayburn House Office Building, Washington, D.C. 20515 (tel. 202-225-6504, fax 202-225-4423).


John Conyers, Jr.

Ranking Member


cc: The Hon. F. James Sensenbrenner, Chairman, House Committee on the

Congressman Conyers Asks Blackwell for his Input

Congressman Conyers has sent a letter to Blackwell asking him for his input. A copy of the letter is as follows:


January 13, 2005

The Honorable J. Kenneth Blackwell

Ohio Secretary of State

180 East Broad Street, 16th Floor

Columbus, OH 43215

Dear Secretary Blackwell:

Attached for your review and response, please find a comprehensive Report regarding Ohio election law irregularities prepared by the House Judiciary Committee Minority Staff. Given the importance of election reform, and the key role Ohio has played in recent elections, I believe it is imperative that you, as the leading election official in Ohio, provide Congress with your reactions to the attached report, including in particular the factual and legal conclusions and legislative recommendations set forth therein.

I recognize that in the past you have been unwilling to respond to any inquiries regarding the irregularities in the Ohio presidential election or your office's role in them. However, I am now hopeful that since Congress has certified the results of the electoral college, that you will be more forthcoming in assisting Congress in developing a record and legislation that will allow the nation to avoid a repeat of the voting irregularities reported in your state.

In this regard, it is important to recognize that voting reforms are now supported by key members on both sides of the aisle. House Minority Leader, Rep. Nancy Pelosi (D-CA) observed during the House debates during last week's electoral challenge:

As elected officials, we have a solemn responsibility to improve our election system and its administration. We cannot be here again 4 years from now discussing the failings of the 2008 election. ...Our very democracy depends again on the confidence of the American people and the integrity of our electoral system. 151 Cong. Rec. H108 (daily ed. Jan. 6, 2005) (statement of Rep. Pelosi).

Rep. Bob Ney (R-OH), Chairman of the House Administration Committee, agreed, stating:

I know there are some problems obviously with this election. They are not frivolous. . . . There is no such thing as a perfect election. ... The question, then, is not whether or not mistakes were made. Of course they were. . . . We must always be seeking ways to improve the process. 151 Cong. Rec. H107 (daily ed. Jan. 6, 2005) (statement of Rep. Ney).

I hope that you too will recognize the need to insure that every eligible citizen in the state of Ohio and our nation as a whole is given the unfettered right to vote. If Americans can be fighting and dying to make sure every vote is counted in Afghanistan and Iraq, the least we can do as public officials is make sure our own voters are not disenfranchised.

Please be advised that I have issued this request to the Chairs and Vice Chairs of the Board of Elections for each county in the state of Ohio in order to obtain their relevant assistance as well. Please respond to me at your earliest convenience, and by no later than January 27 if at all possible, through Perry Apelbaum or Ted Kalo of my Judiciary Committee staff, 2142 Rayburn House Office Building, Washington, D.C. 20515 (tel. 202-225-6504, fax 202-225-4423).


John Conyers, Jr.

Ranking Member


cc: The Hon. F. James Sensenbrenner, Chairman, House Committee on the Judiciary

Open Letter from Congressman John Conyers, Jr.

Open Letter From
Congressman John Conyers, Jr.

January 10, 2004

Dear Friend:

I want to thank you for the time and energy you have already given to help me in my pursuit of the truth about the 2004 Presidential election, particularly the truth about what happened in Ohio. I also want to let you know what I will be working on in the coming months.

I believe what we achieved on January 6 will be a seminal event in the history of progressive politics, and significantly advance the cause of electoral reform.
For this challenge to Ohio’s electors to have occurred, I owe a tremendous debt of gratitude to the internet activists, who spread the story of my

efforts and supported me in every way possible. I am also thankful to the alternative media, including talk radio and blogs that gave substantial attention and investigation to these matters when all but a handful in the mainstream media refused to examine the facts. I cannot thank all of you personally, but you know who you are.

With the exigency of January 6 behind us, I wanted to let you know what I will be doing in the coming months. First, my investigation of Ohio voting irregularities is not over. In an effort to get as much information confirmed and circulated in advance of January 6, many valuable leads still need to be pursued and I pledge to do so. Substantial irregularities have come to light in other states during the course of this investigation and I will also pursue those leads. While there has been powerful opposition to my efforts and personal attacks against me as a result of my efforts, I want to assure you I remain steadfast.

Second, there are other matters involving wrongdoing by Administration officials that I will continue to pursue. Among other things, I will continue to seek answers about the role of senior Bush Administration officials in outing an undercover Central Intelligence Agency operative. I will also continue to examine the sources of the fraudulent case for the Iraq war, which intersects with the outing of this operative.

Third, I intend to develop and introduce legislation in a number of areas. Most importantly, I intend to introduce comprehensive election reform legislation in the coming weeks, and I will fight for its passage at the earliest possible moment. I intend to hold further hearings on this issue. I will also continue to fight the job loss and the loss of retirement security that has so negatively impacted working families in my district, and I will fight the economic policies of this Administration that are the cause of these serious problems. Finally, the Judiciary Committee will also be at the center of the efforts to oversee the U.S.A. Patriot Act and ascertain which, if any, provisions should be renewed. I expect to lead the fight against a number of provisions that I believe compromise our civil liberties.

Again, thank you for all you have done. I look forward to working with you on these and other important matters in the weeks and months ahead.


John Conyers, Jr.

Pictures from California's "Boxer Rebellion"

More pictures from democraticrenewal.us and peopleforchange.net

With thanks to Joseph Cannon of cannonfire.blogspot.com for pointing them out.

Arnebeck Vows to "investigate and litigate county by county, ward by ward, precinct by precinct."

After withdrawing the election contest litigation as moot, Cliff Arnebeck, the lead counsel in that case, stated: "This is not the end, this is merely the end of one state action. More importantly, it signals the emergence of a much broader effort where we plan to investigate and litigate county by county, ward by ward, precinct by precinct."


January 12, 2005

Waxman and Conyers Call on GAO to Investigate


Representative Henry Waxman, Ranking Member on the House Committee on Government Reform, and Representative John Conyers, Jr., Ranking Member on the House Judiciary Committee, sent the following letter to GAO Comptroller General, David Walker, to request an investigation into the long lines and excessive waiting times experienced by voters in the 2004 election.

January 12, 2005

The Honorable David M. Walker

Comptroller General

U.S. Government Accountability Office

441 G Street, NW

Washington, DC 20548

Dear Mr. Walker:

We are writing you today about the extraordinarily long time some Americans were made to wait simply to cast a ballot on election day, November 2, 2004.

According to news reports, it was not unusual on that day for American voters to stand in line at their polling places for several hours before finally reaching the voting booth. While it seems most Americans endured this wait where possible, it is clear that in some cases citizens left the polling places without having voted when personal responsibilities or health concerns made waiting exceedingly difficult. Press accounts of that day focused on the lines in some areas, particularly the cities and college towns of Ohio. However, it appears that these incidents were by no means limited to those areas. One nonpartisan voter assistance hotline collected nearly 1,400 reports of excessively long lines from 32 states, with significant numbers of reports coming from Florida, Georgia, Arizona, Michigan, Pennsylvania, Wisconsin, and other states.

In light of these incidents, we request a GAO investigation into the long lines and excessive waiting times experienced by voters in the 2004 election. Specifically, we ask that GAO:

1. Identify the voting jurisdictions in which voters experienced excessive waiting times and determine to what extent these waiting times involved minority, young, or first-time voters.

2. Assess the cause of these excessive waiting times, including whether they were related to problems with voter registration; voting machines and supplies; or local election officials, including poll workers.

3. Identify the significant issues that need to be addressed to reduce the waiting times in these jurisdictions.

Participating in elections is one of the most basic rights of Americans. Allowing long lines and other barriers to participation to persist threatens that right.

GAO staff should contact Nancy Scola to discuss additional details of this work and the time frame for completion.


Henry A. Waxman

Rankning Minority Member
John Conyers, Jr.

Ranking Minority Member

Photos from January 6th

Photos from January 6th:

More pictures from canarycoalition.org

More pictures from bigdragon7

January 11, 2005

Notice from National Voting Rights Institute

The National Voting Rights Institute

Protecting the Right to Vote for All Americans

NVRI E-News Update - January 10, 2005

The Electors Are Chosen, but the Push for a Better Democracy is Only Started

Dear Citizens:

So now what happens?

Last Thursday, Congress discussed the high number of irregularities in the 2004 Ohio vote. Thanks to the courageous challenges from Representative Stephanie Tubbs-Jones and Senator Barbara Boxer, both chambers heard a couple hours of discussion about the irregularities that kept minorities away form the polls, had too few voting machines in many minority and urban districts, excluded absentee and provisional ballots, and found questionable behavior in the counting itself. Their challenge amnd the ensuing discussion was historic. And you should feel proud that the challenges came about because of your support of NVRI and others who care about the workings of democracy.

But it isn't over. The Ohio irregularities have only shined a much-needed light -- again -- on the problems with American voting. The real challenge lies ahead. What will be done next? Well for starters, here's what.

First, NVRI, and our clients David Cobb and Michael Badnarik, continue to press federal court in Ohio to insist that the recount be conducted with uniform standards throughout the state. The recount that was conducted in Ohio showed that each and every county set their own standards -- and they were very different from each other. That needs to be changed. It's a basic principle of fairness, and one that needs to be established now, before there's another vote counting crisis. Our lawsuit is pending, and we await a ruling and hearings on what needs to be done.

Second, NVRI is working with coalition partners and clients in various states -- including Ohio, Florida and elsewhere -- to prepare new actions that demand fairness in the pre election day, and election day workings of democracy. The Constitution says voting must be equal. We learned through the Ohio work that it simply wasn't so. And with so many people dismissing the entire recount movement as sour grapes, we fear that the importance of change may be set aside. So we will not stop, and we will not let go. Every American should have an equal right to vote ---------------------NOT Every American should have and equal right to vote."

Finally, the hearings last week suggested that Congress needs to reconsider national standards. NVRI will support this effort in every way possible. And among the standards ought to be non-partisan election officials. It is absurd that we have to count on election officials who chair their party's election campaign, as Ken Blackwell did for the Bush campaign, to provide non-partisan election administration. It isn't fair to voters. It isn't fair to the elected officials.

We hope you'll stick with us. And we will keep you up to date on these efforts, and our other ongoing efforts to make American politics accessible to all Americans, regardless of economic condition, race or social status.

Best Regards,


Stuart Comstock-Gay

Executive Director

National Voting Rights Institute



National Voting Rights Institute

27 School Street, Suite 500

Boston, MA 02186

Phone: (617) 624-3900 ¤ Fax: (617) 624-3911



Election Contest Suit Withdrawn

The Election Contest Suit has been withdrawn, as moot.


Good article on "Cannonfire"

I came across an especially good article on "Cannonfire" today, which I share with you. It is dated January 1st, but it's too good to miss, if you're a student of Ohio 2004 'irregularities':


Exit Poll Numbers Fudged

Exit poll numbers fudged: detailed analysis by Nashua Advocate of conflicting numbers.


41% of Provisional Ballots Axed in Lucas County

The Toledo Blade reports that 41% of Provisional Ballots were axed in Lucas County:


Tribute to 32 True Patriots

An on-target tribute to 32 true American patriots, published in the excellent "Election 2004" website published by Elise Jackson:


Washington Post Wakes Up After a Long Nap?

Is it possible that the Washington Post finally woke up, now that it's too late?


"The Last Man to Concede" : A Superb and Accurate Tribute to Congressman John Conyers, a True American

Beautiful and accurate article, "The Last Man to Concede", about Congressman John Conyers, a great American:


I recommend this article to everyone.


Political Contributions in Youngstown

Article lists selected political contributions.


Study of Statistical Anomalies in Ohio by Tim Lohrentz

Study of Statistical Anomalies by Tim Lohrentz :


Beachwood, Ohio, Anomalies

From an Analysis of Beachwood, Ohio, anomalies, by Tim Lohrentz:

"Beachwood, Ohio, is home to Edward Lozick, Finance Chair of Ronald Reagan's election campaigns in 1980 and 1984, and leading member of the secret, far-right, Council for a National Policy. Guess what? Beachwood's 2004 vote tally doesn't make sense."

"Lozick and the Vote in Beachwood, Ohio

In my article about the Cuyahoga precincts, http://www.indybay.org/news/2004/11/1704733.php, I mentioned how nearly all the precincts in Beachwood, Ohio, had more (or equal number of) votes for Bush than for Republican Voinovich in his Senate race. This is highly unusual, given that county- and state-wide Voinovich got 19% more votes than Bush, as many independents and moderate Dems voted for him. "

"Well, a couple interesting facts about Beachwood. Based on census info, it is right on the edge of where African Americans are moving into. It was 9% African American in 2000. One precinct had a vote of >90% for Kerry - most likely a Black majority precinct - and several others had >80% for Kerry. But most were majority Bush. So the integration is being fought. "


"Exit Poll Data Does Not Match Pre-Election Polls" : Analysis by Tim Lohrentz

"Exit Poll Data Does Not Match Pre-Election Polls", Analysis by Mathematician Tim Lohrentz.

"The national exit poll data was adjusted during the early morning hours of November 3. This report reveals many inconsistencies in this adjustment, including a weighting process that leaves impossible results, such as 104% turnout of the Bush 2000 voters."

"It is now well known that the final exit polls from the November 2 Presidential contest between George W. Bush and John Kerry were adjusted (weighted) once actual vote tallies arrived in order to match the reported vote. This paper will first demonstrate that the weighting process was invalid. In other words, it is mathematically impossible to match the exit polls to the reported results of the popular vote. Then this paper will compare exit poll results to pre-election poll trends over the last month leading up to the election and then provide some other clues regarding which states may have fraudulent results. "


Study of Cuyahoga County Irregularities

Study of pervasive Cuyahoga County irregularities by Tim Lohrentz, a Mathematician, Urban Planner, and Senior Program Specialist at National Economic Development & Law Center.:


Study of Franklin County Voting Machine Allocation by Tim Lohrentz

Detailed study of Franklin County Voting Machine Allocation by Tim Lohrentz concludes:

"The Franklin County, Ohio, Board of Elections practiced widespread voter suppression in the allocation of voting machines on November 2, 2004. In an analysis of official Franklin County data on voting machines per precinct, precincts where machines were added or subtracted from 2000 to 2004, and the party affiliations of the registered voters, Democratic precincts were nearly twice as likely as Republican precincts to have voting machines subtracted from 2000 to 2004."


Tim Lohrentz is a Mathematician and Urban Planner and Senior Program Specialist at National Economic Development & Law Center.

Pacifica Radio Audiotape of January 6th Hearings in Congress

Pacifica Radio Audiotape of January 6th Hearings in Congress



January 10, 2005

The future of this blog

As you all know by now, the battle for American democracy was lost on January 6th. Despite a mountain of irrefutable evidence of intentional 'irregularity', the votes of the pretending Ohio electors were accepted that day by the Congress of the United States, thus completing the coup d'etat that had been started by 5 members of the United States Supreme Court in 2000.

Only 1 Senator, and only 31 Members of the House of Representatives, honored their oath of office to preserve, protect, and defend the Constitution of the United States.

What I have decided to do at this point in time
is continue the blog insofar as it relates to the Ohio election
fraud of 2004, which for me means marshalling and collecting evidence,
and reporting things relating to evidence, investigation, litigation,
and prosecution of the Ohio election abuses.

If the guilty are brought to justice, it will indicate that democracy still smolders in our legal system.

If they are not, it will indicate that democracy in America remains alive only in the hearts of its people.


Analysis, Summary, Charts, and Spreadsheets of 2004 Ohio election Prepared by James Jacobs

Analysis, Summary, Charts, and Spreadsheets of Ohio Election prepared by James Q. Jacobs. http://www.jqjacobs.net/bush/xls/ohio.html

January 08, 2005

House Committee Appendices: Eyewitness Accounts, Linda Byrket Documentary, and Blackwell letter

In submitting their preliminary report, the House Judiciary Democrats submitted three additional appendices :

A list of excerpts from affidavits of eyewitnesses to the Ohio disenfranchisement.


A copy of Blackwell's illegal fundraising letter on Secretary of State stationery: http://www.house.gov/judiciary_democrats/blackwellfundraisingltr.pdf and

Lynda Byrket's landmark film, Video the Vote. http://www.house.gov/judiciary_democrats/video%20the%20vote.mov

January 07, 2005

"Freedom Winter" Bus Rider Arrested in Congress

Reportedly, on Thursday during the Senate debates over the Ohio electoral challenge, Ohio citizen Prof. Tracy Wallach was arrested by Capitol Police upon leaving the public gallery.

The incident apparently triggering the arrest was her alleged spontaneous outcry upon hearing the testimony of Ohio Senator George Voinovich. When Voinovich stated on the Senate floor that Ohio had elected Bush as President, Prof. Wallach allegedly cried out, “No, Ohio didn’t, you lied.” She then rushed from the Senate gallery where she had been seated to observe the debate. She was arrested shortly thereafter outside the gallery, and jailed overnight in the City Jail without bail, pending a hearing today on charges of disruption of Congress. She was told the outburst was a felony offense, and will face up to 6 months of jail time and a fine after a court hearing scheduled for March 2004. Prof. Wallach was told she was banned from the U.S. Capitol area of Washington D.C., forever.

Washington D.C. Police could not specify what penalties might result from her arrest. Wallach is a resident of Ohio and a professor at Kent State University. She had traveled to Washington with the “Freedom Winter Bus” from Columbus. The 50 citizens onboard the bus had started out at 4:30 a.m. Wednesday in Columbus, arriving in Washington, D.C. for a press conference at 2:00, followed by presentations of personal testimony to their elected representatives about their experiences with vote fraud and disenfranchisement in the November election.

Washington Police reportedly confiscated her camera, and other personal belongings. Prof. Wallach described her treatment as “extremely rude, especially in the middle of the night.”

Thank you, Senator Barbara Boxer

We all owe a debt of gratitude to Sen. Barbara Boxer, and should let her know about how we feel. Her contact info is at


January 06, 2005

* January 6, 2005 *

January 6, 2005

The facts.

On this day, the Congress of the United States rejected an objection to the seating of the electors from the State of Ohio, despite the undisputed illegality of the Ohio election, and appointed George W. Bush to a second term as President of the United States.

Only 1 United States Senator, Senator Barbara Boxer,opposed the certification of the Ohio electors.

Only 31 members of the House of Representatives opposed the certification of the Ohio electors. Their names are Reps. Stephanie Tubbs-Jones, John Conyers, Corrine Brown, Julia Carson, Bill Clay, James Clyburn, Danny Davis, Lane Evans, Bob Filner, Raul Grijalva, Alcee Hastings, Maurice Hinchey, Jesse Jackson, Jr., Sheila Jackson-Lee, Eddie Bernice Johnson, Carolyn Kilpatrick, Dennis Kucinich, Barbara Lee, John Lewis, Ed Markey, Cynthia McKinney, John Oliver, Major Owens, Frank Pallone, Donald Payne, Jan Schakowsky, Bennie Thompson, Maxine Waters, Diane Watson, and Lynn Woolsey.

House vote

Senate vote

Congressional Record, Speech of Sen. Barbara Boxer Also published at http://thankyoupatriot.com/boxer.htm

Congressional Record, Speech of Cong. Stephanie Tubbs Jones

Congressional Record, Speech of Cong. John Conyers, Jr.

Congressional Record, report of entire proceedings


I believe history will record January 6, 2005, as the day on which the United States of America completed a 4-year descent from democracy into dictatorship, by abandoning the rule of law in its electoral process, thus ensuring that the party in control cannot be removed.

I believe that when the history of these times is ultimately told, it will adjudge the above mentioned Senator and Representatives, who stood up to this coup d'etat, as patriots and heroes, and to those who did not, as cowards and traitors.


January 05, 2005

Time to Take It to the Streets, Where Law-Abiding Folks Are Demanding That Their Government Abide by the Law, Too.

Pictures Borrowed From Pittsburgh Independent Media Center

Calendar of Upcoming Events (Archive Copy of January 6, 2005, calendar)

This is an archived copy of the January 6, 2005, calendar.

Thursday, January 6th.

* 9:00 A.M. Washington, D.C. Rally & Vigil Outside FBI Headquarters.

* 10:00 A.M. Washington, D.C. (Lafayette Park). Defend Democracy Rally, featuring David Cobb and John Bonifaz.

* 10:30 A.M. Washington, D.C. (Lincoln Memorial). "Save Our Votes March" continues, marching to Capitol Hill.

* 11:00 A.M. Washington, D.C. March from Lafayette Park to Upper Senate Park on Capitol Hill.

* 12:00 Noon - 4:00 P.M. Washington, D.C. (Capitol Hill). Defend Democracy Rally and Vigil, featuring Rev. Jesse Jackson, Sr. and David Cobb.

* 4:00 P.M. Washington, D.C. Freedom Winter Bus Ride departs to Columbus, Ohio.

* Transportation notices for January 6th.

SPECIAL NOTE: January 6th is a critical date in American history. It is the last chance this country has to preserve its democracy. If Senators and Congresspeople do not stand up and do the right thing that day, democracy is over in the nation that introduced it to the modern world, and our descent into dictatorship will have been completed.

If the small group of ultra right wing traitors presently in control of the Senate, the House, the Presidency, the Judiciary, the Press, and the manufacture of deliberately unverifiable voting machines, is permitted to stage a second coup d'etat, there will never be "election reform"; this crowd has made it abundantly clear that it respects power, not law. It will have become impossible to rid our nation of this cancer through the electoral process.

For the reasons expressed above, I have decided that, as a matter of editorial policy, I will not list in this calendar any events subsequent to January 6th, unless they involve investigation, litigation, and/or prosecution of the abuses that were committed in Ohio in 2004, and will devote no space in this calendar or elsewhere in this blog to (a) generalized long range election reform, (b) 'counter-

inaugurals', or (c) attacks on the Bush administration's policies.

I urge everyone to stay focussed on the 2004 election, and to do everything he or she can between now and January 6th to fight for the true outcome of that election. This blog is replete with action memos and calls to action, full of ideas as to things we can do. Everybody who possibly can should go to the January 3rd rally in Columbus, Ohio, with Rev. Jesse Jackson, participate in the January 4th - January 6th "Selma to Montgomery" March from Baltimore, Maryland to Washington, DC, and join Rev. Jesse Jackson, Sr., David Cobb, Granny D, and all those who are traveling from all across the country to attend the rallies and vigils in Washington DC on January 6th.

Sincerely yours,

R. B.

January 6, 2005 -- Washington DC, Capitol Hill -- 12:00 Noon - Defend Democracy Rally & Vigil!

The Defend Democracy Rally and Vigil is planned for Washington, DC, on January 6th, the day the two houses of Congress meet in joint session to select the next president of the United States. It is scheduled for 10:00 a.m. to 4:00 p.m., Upper Senate Park. "Make some noise and show the world how .... many of us there are!" Please join ReDefeatBush and the We Do Not Concede Coalition on 1/6/05 outside the U.S. Capitol as we cheer on and then honor the leaders of the Constitutional insurrection against the casting of electoral votes unlawfully secured by Bush and Cheney in the joint session of Congress to receive and tabulate the election results and announce the victor.

Rev. Jesse Jackson, Sr.

David Cobb, Green Party Presidential Candidate

Granny D

Other speakers invited, and musical guests

Download Flyer ("Block Bush").

Download Flyer (Martin Luther King).

Download Flyer (January 3rd & January 6th).

Download Flyer (Uncle Sam).

For further information:





Progressive Democrats of America.

Rainbow/PUSH Coalition.

International Labor Communications Association of AFL-CIO.

Cosponsors include CASE-Ohio, Do Not Concede, RedefeatBush.com, Rainbow/PUSH Coalition, Progressive Democrats of America, International Labor Communications Association of AFL-CIO, 51CapitalMarch.com, United for Peace and Justice.

For other posts relating to January 6th events, see http://fairnessbybeckerman.blogspot.com/2004/12/united-for-peace-and-justice-coalition.html, http://fairnessbybeckerman.blogspot.com/2004/12/your-uncle-sam-is-calling-you-be-there.html, http://fairnessbybeckerman.blogspot.com/2004/12/ilca-joins-pda-and-rainbowpush-in-jan.html, http://fairneshttp://fairnessbybeckerman.blogspot.com/2004/12/excellent-poster-for-january-3rd-and.html, http://fairnessbybeckerman.blogspot.com/2004/12/january-6th-procedures.html

For an important article by James Heddle about the significance of what we do on January 6th, go to http://fairnessbybeckerman.blogspot.com/2004/12/landmark-document-by-james-heddle.html

January 6, 2005 -- Washington, DC, In front of FBI Headquarters -- 9:00 A.M. -- Rally & Vigil Calling for Investigation


We would appreciate it if you would spread the word as
widely as possible that, prior to the 10 AM rally at Lafayette Park, a rally and vigil will be held Thursday, Nov. 6 at 9 AM at the headquarters of the FBI, 935 Pennsylvania Avenue, NW, Washington, DC, at Pennsylvania Avenue entrance, calling for an intensive investigation of vote rigging and vote suppression in Ohio,Florida and other states.

The rally is being organized by people from White Plains, NY, who have held nine rallies and vigils since Dec. 3 at the White Plains office of the FBI. So far they have received no response to letters they have sent to the FBI.

We will march from this vigil to the 10 AM rally at Lafayette Park.

For information, contact Nick Mottern (914) 806-6179.

House Democrats Request Joint Congressional Investigation of Ohio Election

A group of House Democrats have requested a joint congressional investigation of the Ohio 2004 presidential election. http://thebeckerman.tripod.com/Evidence/letter24housedems.pdf

The letter requesting the investigation was signed by the following Representatives:

John Conyers, Jr.
Stephanie Tubbs Jones
Jesse Jackson, Jr.
Jim McDermott
Maxine Waters
Lynn Woolsey
Bernard Sanders
Eleanor H. Norton
Sam Farr
Chaka Fattah
Donald Payne
Anthony Weiner
Diane Watson
Barbara Lee
Elijah Cummings
Robert Wexler
Juanita Millender-McDonald
José E. Serrano
Major Owens
Danny K. Davis
Dennis J. Kucinich
Sheila Jackson Lee
William Clay, Jr.
Barney Frank

Transcript of November 20th Hearing in Cleveland Ohio

We have obtained the transcript of the November 20th hearing which took place in Cleveland, Ohio, at the Windemere United Methodist Church :

House Judiciary Democrats Issue Preliminary Report

The House Judiciary Democrats, led by Congressman Conyers, have issued their preliminary report on the Ohio 2004 Presidential Election :

In it they 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."

In it they made 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."

Videotape of January 3rd Columbus, Ohio, Jesse Jackson Rally Now Available on the Web

I have completed my videos of the Jan 3 Jesse Jackson Rally at the Capitol
Theatre available for download on my website www.madogmusic.com.

include Jesse Jackson, David Cobb, Stephanie Tubbs Jones, Teresa Fedor, Tim
Carpenter of PDA, Dagmar Celeste, Bob Fitrakis, Susan Truitt, Cliff Arnebeck
and others.

And I have posted Linda Byrket's powerful documentary "The
Vote" about election day vote supression in Columbus, OH.


Gary Polvinale


January 6, 2005 -- Washington, DC, Lafayette Park -- 10:00 A.M. -- Stand Up For Democracy Rally

In addition to the Defend Democracy Rally and Vigil scheduled to take place at Upper Senate Park on Capitol Hill, from 12:00 Noon to 4:00 P.M., there will also be a rally as follows:

On January 6th in Washington, D.C.

Tell Bush: We Will Stop Voter Disenfranchisement!

Tell Congress: Stand Up for Democracy!

On January 6th, 2005 Congress will meet in joint session to certify the 2004 presidential election. On that day, if one member of the House and one member of the Senate object to the certification of the vote, then all members of Congress will finally discuss these issues. On January 6, 2001, not a single Senator would join with the Representatives who demanded an inquiry into the Florida recount. This year, let's make our Senators take a stand!

Join Medea Benjamin, John Bonifaz, David Cobb, Congressman John Conyers (invited), Alysia Fischer, George Friday, Rev. Jesse Jackson (invited), Congresswoman Cynthia McKinney (invited), Rev. Lennox Yearwood and many others as we: Rally at 10:00 a.m. in Lafayette Park across from the White House. We will then march to Capitol Hill to join with others at the U.S. Capitol at noon.

We need an investigation into the Ohio vote on November 2, the seriously problematic "recount," partisan, discriminatory decisions made by the Secretary of State, electronic voting machine fraud, not enough machines in predominantly Black precincts, and all of the other ways that voters were disenfranchised in the USA.

While our Senators and Representatives are inside Congress, tallying the electoral college vote, We the People must have a presence outside, bringing attention to the disenfranchisement, suppression and fraud that pervaded the 2004 election - and demanding real reforms to extend and protect democracy in the U.S. Please join us on January 6 in Washington, DC. Check www.votecobb.org, or www.pdamerica.org for more information.

Leading up to the January 6th events there will be a major rally in Columbus, Ohio on January 3 at 2 p.m. organized by Rev. Jesse Jackson, the Rainbow/PUSH Coalition and other groups. For more information go to www.rainbowpush.org.

If you can't come to DC, we urge you to organize an action on January 4th or 5th at a Senator's office in your community. And on January 6th let’s flood the Senate with calls all morning and afternoon; the Capitol Hill information number is 202-224-3121.

If the Ukraine can have a re-vote,

why can't the U.S. have at least an investigation into vote suppression?

This call to action is initiated by United Progressives for Democracy, the Cobb/LaMarche campaign, Code Pink, D.C. Anti-War Network, Green Party of the U.S., Independent Progressive Politics Network, International Labor Communications Association, No Stolen Elections, Progressive Democrats of America, Rainbow/PUSH Coalition and Truth in Elections. To add your group send your endorsement to indpol@igc.org.

Ray Beckerman

Blackwell Writes Letter on Ohio Secretary of State Stationery Thanking Recipient for Helping Him "deliver the great Buckeye State for George W. Bush"

Blackwell writes letter on Ohio Secretary of State stationery thanking recipient for helping him to "deliver the great Buckeye State for George W. Bush" :