Progressive Calendar 06.05.06
From: David Shove (
Date: Mon, 5 Jun 2006 03:45:43 -0700 (PDT)
             P R O G R E S S I V E   C A L E N D A R    06.05.06

1. MnSOA            6.05 6pm

2. Candid Cam       6.06 9:30am
3. Sesame nightmare 6.06 11am
4. Laura Bush yuk   6.06 4:30pm
5. Corp welfare/CTV 6.06 5pm
6. Salon/Kunitz     6.06 6:30pm
7. Health care      6.06 7pm
8. DZ B-day bash    6.06 time?

9. Robert Kennedy Jr - Was the 2004 election stolen?  [part 2 of 3]
10. ed               - Every day, disobey (poem)

--------1 of 10--------

From: mnsoaw [at]
Subject: MnSOA 6.05 6pm

Our next MnSOAWatch meeting is this Monday June 5th at 6 pm at Holy
Trinity Lutheran Church, 2730 E 31st St, Mpls. Enter the east doors, we
are upstairs, please join us for this last meeting for the summer.

-------2 of 10--------

From: Cam Gordon <CamGordon333 [at]>
Subject: Candid Cam 6.06 9:30am

Cam Gordon, Council Member, Second Ward 612-673-2202 (w) 612-296-0579 (c)

Office hours every Tuesday morning in the Second Ward from 9:30-11am.
The locations will rotate as follows, so that I can meet with residents in
their own neighborhoods:

First Tuesdays
West Bank / Cedar Riverside neighborhood
Hard Times Cafe, 1821 Riverside Ave

--------3 of 10--------

From: Lydia Howell <lhowell [at]>
Subject: Sesame nightmare 6.06 11am

Tues June 6, 11am Southside Family School  on KFAI/Catalyst

The annual play put on by Southside Family School is "Nightmare on Sesame
Street: with music and comedy aimed at corporate globalization.

"Catalyst" has a conversation with longtime Friend of Southside Family
School, FRIEDA GARDNER, talk about this year's production, the history of
the school, alternative education with progressive values and current
education struggles around Bush's No Child Left Behind, achievement gaps
based on race and income and more.

"Catalyst:politics & culture" airs Tuesdays, 11am on KFAI Radio, 90.3 fm
Mpls 106.7fm St Paul All shows archived for 2 weeks after braodcast at Check out the "Catalyst" page for upcmng shows, TC
events & a lot more.  Go to,click pn prgram grid, then, click
on Catalyst.

The SOUTHSIDE FAMILY SCHOOL play"Nightmare on Sesame Street"* is performed
June 7-9 (Wed - Fri) 7pm at Walker Church 16th Ave. and 31st St. Mpls.(
Lasts 1 hour)

--------4 of 10-------

From: Charles Underwood <charleyunderwood [at]>
Subject: Laura Bush yuk 6.06 4:30pm

Tuesday, 6/6, Laura Bush at The Depot, 225 - 3rd Ave S, Mpls.  Reception
4:30, dinner at 6.  She will be here to support Kennedy's run for Senate.
rsvp [at] or 651-644-2506.

--------5 of 10--------

From: Eric Angell <eric-angell [at]>
Subject: Corp welfare/CTV 6.06 5pm

St. Paul Neighborhood Network (SPNN) viewers:

Tune in weekly to the public access channel (15) of SPNN for "Our World In
Depth/Our World Today".  The show times are 5 pm and midnight on Tuesday
evenings and 10 am on Wednesday mornings.

"Our World In Depth/Our World Today" features analysis of public affairs
with consideration of and participation from Twin Cities area activists.
The show is local and not corporately influenced.

**6/6 and 6/7** "Corporate Welfare vs. Public Good" w/ KFAI's Lydia Howell
and economist Karen Redleaf.  Hosted by Eric Angell.

--------6 of 10--------

From: Patty Guerrero <pattypax [at]>
Subject: Salon/Kunitz 6.06 6:30pm

The next salon will be poetry by Stanley Kunitz, the centenarian of
American poetry who died recently at age 100.  Hope you can find some of
his poems and bring them to read.  Next Tuesday, June 6.  patty

Pax Salons ( ) are held (unless otherwise
noted in advance): Tuesdays, 6:30 to 8:30 pm. Mad Hatter's Tea House, 943
W 7th, St Paul, MN

Salons are free but donations encouraged for program and treats.
Call 651-227-3228 or 651-227-2511 for information.

--------7 of 10--------

From: joel michael albers <joel [at]>
Subject: Health care 6.06 7pm

Next meeting to plan actions, brainstorm
TUESDAY, June 6, 7PM-9PM sharp
Walker Church Lower Level Lounge, 3104 16th ave s. (near lake street and 
bloomington ave in Mpls)

1. Welcome new people, intros, background 

2. Brief Reportbacks: Direct Action at UHG got the goods

3.  Short 20 minute new independent Film called " Everybody In, Nobody
Out": by Sanat Mohanty and Joel Albers about the Health care crisis in
Minnesota, followed by brief discussion of how Minnesotans can form their
own HC Pool Cooperative, and cut out all the middlemen, as a first step
toward solving this crisis. Need to form a work group

4. Solving Medicare Part D Disaster: Moving from 63 HMO middlemen back to
a single public payer (Medicare),through a grassroots movement. McGuire
and UHG took over the lion's share of Part D (5 million enrollees). Time
to plan another action at their headquarters ? Continue networking w/ The
Gray Panthers, Americans United, labor unions, dis-abilities groups,
health care groups

5. Reclaiming the Visual Landscape Brainstorming A huge grassroots Media
Campaign involving changing the entire visual landscape of our Cities.

Joel Albers Minnesota Universal Health Care Action Network 612-384-0973
joel [at] Health Care Economics Researcher,
Clinical Pharmacist

--------8 of 10--------

From: Dean Zimmermann <deanzimm [at]>
Subject: DZ B-day bash 6.06 time?

You are invited to Dean Zimmermann's 5th Annual 60th Birthday Party and
Fundraiser.  Will you still need me; will you still feed me, when I'm
sixty four?  Tuesday, June 6th at the home of Lauren Maker, 4059 Sheridan
Ave North. (three blocks north and three blocks west of Penn and Dowling)
Light refreshments and Birthday cake.  Donations accepted to once and for
all get Dean's campaign debt paid off.  A good time is expected to be had
by all.  Lots of good conversation promised.  Come enjoy and get the
latest updates on Dean's situation.

If you are unable to attend but would like to make a contribution to retire
the debt, send a check for not more than $100 to Friends for Zimmermann, box
6045, Mpls, MN 55406

For more information, call 612-521-0339,


Dean Zimmermann
deanzimm [at]
C: 612-388-1311
H: 612-724-3888
2200 Clinton Avenue South
Minneapolis, MN  55404

Surely the most important task for all of us is to leave behind a planet
that is fit for our great grandchildren to live on.  So all of our personal
actions, as well as our political policies, must be tempered with an eye to
long term sustainability, not short term profit or expediency.  As we
struggle to solve the day to day problems -- crime, jobs, budget shortfalls,
homelessness, traffic congestion, and air quality, we will look to solutions
that serve both our immediate needs and lay the foundation for the
post-petroleum economy.

--------9 of 10--------

Was the 2004 Election Stolen?  [part 2 of 3]
By Robert F. Kennedy Jr.
Rolling Stone
Thursday 01 May 2006

                  *4. Barriers to Registration

To further monkey-wrench the process he was bound by law to safeguard,
Blackwell cited an arcane elections regulation to make it harder to
register new voters. In a now-infamous decree, Blackwell announced on
September 7th - less than a month before the filing deadline - that
election officials would process registration forms only if they were
printed on eighty-pound unwaxed white paper stock, similar to a typical
postcard. Justifying his decision to ROLLING STONE, Blackwell portrayed it
as an attempt to protect voters: "The postal service had recommended to us
that we establish a heavy enough paper-weight standard that we not
disenfranchise voters by having their registration form damaged by postal
equipment." Yet Blackwell's order also applied to registrations delivered
in person to election offices. He further specified that any valid
registration cards printed on lesser paper stock that miraculously
survived the shredding gauntlet at the post office were not to be
processed; instead, they were to be treated as applications for a
registration form, requiring election boards to send out a brand-new card.

Blackwell's directive clearly violated the Voting Rights Act, which
stipulates that no one may be denied the right to vote because of a
registration error that "is not material in determining whether such
individual is qualified under state law to vote." [91] The decision
immediately threw registration efforts into chaos. Local newspapers that
had printed registration forms in their pages saw their efforts
invalidated. [92] Delaware County posted a notice online saying it could
no longer accept its own registration forms. [93] Even Blackwell couldn't
follow the protocol: The Columbus Dispatch reported that his own staff
distributed registration forms on lighter-weight paper that was illegal
under his rule. Under the threat of court action, Blackwell ultimately
revoked his order on September 28th - six days before the registration
deadline. [94]

But by then, the damage was done. Election boards across the state,
already understaffed and backlogged with registration forms, were unable
to process them all in time. According to a statistical analysis conducted
in May by the nonpartisan Greater Cleveland Voter Coalition, 16,000 voters
in and around the city were disenfranchised because of data-entry errors
by election officials, [95] and another 15,000 lost the right to vote due
to largely inconsequential omissions on their registration cards. [96]
Statewide, the study concludes, a total of 72,000 voters were
disenfranchised through avoidable registration errors - one percent of all
voters in an election decided by barely two percent. [97]

Despite the widespread problems, Blackwell authorized only one
investigation of registration errors after the election - in Toledo - but
the report by his own inspectors offers a disturbing snapshot of the
malfeasance and incompetence that plagued the entire state. [98] The top
elections official in Toledo was a partisan in the Blackwell mold:
Bernadette Noe, who chaired both the county board of elections and the
county Republican Party. [99] The GOP post was previously held by her
husband, Tom Noe, [100] who currently faces felony charges for embezzling
state funds and illegally laundering $45,400 of his own money through
intermediaries to the Bush campaign. [101]

State inspectors who investigated the elections operation in Toledo
discovered "areas of grave concern." [102] With less than a month to go
before the election, Bernadette Noe and her board had yet to process
20,000 voter registration cards. [103] Board officials arbitrarily decided
that mail-in cards (mostly from the Republican suburbs) would be processed
first, while registrations dropped off at the board's office (the fruit of
intensive Democratic registration drives in the city) would be processed
last. [104] When a grass-roots group called Project Vote delivered a batch
of nearly 10,000 cards just before the October 4th deadline, an elections
official casually remarked, "We may not get to them." [105] The same
official then instructed employees to date-stamp an entire box containing
thousands of forms, rather than marking each individual card, as required
by law. [106] When the box was opened, officials had no way of confirming
that the forms were filed prior to the deadline - an error, state
inspectors concluded, that could have disenfranchised "several thousand"
voters from Democratic strongholds. [107]

The most troubling incident uncovered by the investigation was Noe's
decision to allow Republican partisans behind the counter in the board of
elections office to make photocopies of postcards sent to confirm voter
registrations [108] - records that could have been used in the GOP's
caging efforts. On their second day in the office, the operatives were
caught by an elections official tampering with the documents. [109]
Investigators slammed the elections board for "a series of egregious
blunders" that caused "the destruction, mutilation and damage of public
records." [110]

On Election Day, Noe sent a team of Republican volunteers to the county
warehouse where blank ballots were kept out in the open, "with no security
measures in place." [111] The state's assistant director of elections, who
just happened to be observing the ballot distribution, demanded they
leave. The GOP operatives refused and ultimately had to be turned away by
police. [112]

In April 2005, Noe and the entire Board of Elections were forced to
resign. But once again, the damage was done. At a "Victory 2004" rally
held in Toledo four days before the election, President Bush himself
singled out a pair of "grass-roots" activists for special praise: "I want
to thank my friends Bernadette Noe and Tom Noe for their leadership in
Lucas County." [113]

                         *5. "The Wrong Pew"

In one of his most effective maneuvers, Blackwell prevented thousands of
voters from receiving provisional ballots on Election Day. The fail-safe
ballots were mandated in 2002, when Congress passed a package of reforms
called the Help America Vote Act. This would prevent a repeat of the most
egregious injustice in the 2000 election, when officials in Florida barred
thousands of lawfully registered minority voters from the polls because
their names didn't appear on flawed precinct rolls. Under the law,
would-be voters whose registration is questioned at the polls must be
allowed to cast provisional ballots that can be counted after the election
if the voter's registration proves valid. [114]

"Provisional ballots were supposed to be this great movement forward,"
says Tova Andrea Wang, an elections expert who served with ex-presidents
Jimmy Carter and Gerald Ford on the commission that laid the groundwork
for the Help America Vote Act. "But then different states erected
barriers, and this new right became totally eviscerated."

In Ohio, Blackwell worked from the beginning to curtail the availability
of provisional ballots. (The ballots are most often used to protect voters
in heavily Democratic urban areas who move often, creating more
opportunities for data-entry errors by election boards.) Six weeks before
the vote, Blackwell illegally decreed that poll workers should make
on-the-spot judgments as to whether or not a voter lived in the precinct,
and provide provisional ballots only to those deemed eligible. [115] When
the ruling was challenged in federal court, Judge James Carr could barely
contain his anger. The very purpose of the Help America Vote Act, he
ruled, was to make provisional ballots available to voters told by
precinct workers that they were ineligible: "By not even mentioning this
group - the primary beneficiaries of HAVA's provisional-voting provisions
- Blackwell apparently seeks to accomplish the same result in Ohio in 2004
that occurred in Florida in 2000." [116]

But instead of complying with the judge's order to expand provisional
balloting, Blackwell insisted that Carr was usurping his power as
secretary of state and made a speech in which he compared himself to
Mohandas Gandhi, Martin Luther King Jr. and the apostle Paul - saying that
he'd rather go to jail than follow federal law. [117] The Sixth Circuit
Court of Appeals upheld Carr's ruling on October 23rd - but the confusion
over the issue still caused untold numbers of voters across the state to
be illegally turned away at the polls on Election Day without being
offered provisional ballots. [118] A federal judge also invalidated a
decree by Blackwell that denied provisional ballots to absentee voters who
were never sent their ballots in the mail. But that ruling did not come
down until after 3 p.m. on the day of the election, and likely failed to
filter down to the precinct level at all - denying the franchise to even
more eligible voters. [119]

We will never know for certain how many voters in Ohio were denied ballots
by Blackwell's two illegal orders. But it is possible to put a fairly
precise number on those turned away by his most disastrous directive.
Traditionally, anyone in Ohio who reported to a polling station in their
county could obtain a provisional ballot. But Blackwell decided to toss
out the ballots of anyone who showed up at the wrong precinct - a move
guaranteed to disenfranchise Democrats who live in urban areas crowded
with multiple polling places. On October 14th, Judge Carr overruled the
order, but Blackwell appealed. [120] In court, he was supported by his
friend and campaign contributor Tom Noe, who joined the case as an
intervenor on behalf of the secretary of state. [121] He also enjoyed the
backing of Attorney General John Ashcroft, who filed an amicus brief in
support of Blackwell's position - marking the first time in American
history that the Justice Department had gone to court to block the right
of voters to vote. [122] The Sixth Circuit, stacked with four judges
appointed by George W. Bush, sided with Blackwell. [123]

Blackwell insists that his decision kept the election clean. "If we had
allowed this notion of 'voters without borders' to exist," he says, "it
would have opened the door to massive fraud." But even Republicans were
shocked by the move. DeForest Soaries, the GOP chairman of the Election
Assistance Commission - the federal agency set up to implement the Help
America Vote Act - upbraided Blackwell, saying that the commission
disagreed with his decision to deny ballots to voters who showed up at the
wrong precinct. "The purpose of provisional ballots is to not turn anyone
away from the polls," Soaries explained. "We want as many votes to count
as possible." [124]

The decision left hundreds of thousands of voters in predominantly
Democratic counties to navigate the state's bewildering array of 11,366
precincts, whose boundaries had been redrawn just prior to the election.
[125] To further compound their confusion, the new precinct lines were
misidentified on the secretary of state's own Web site, which was months
out of date on Election Day. Many voters, out of habit, reported to
polling locations that were no longer theirs. Some were mistakenly assured
by poll workers on the grounds that they were entitled to cast a
provisional ballot at that precinct. Instead, thanks to Blackwell's
ruling, at least 10,000 provisional votes were tossed out after Election
Day simply because citizens wound up in the wrong line. [126]

In Toledo, Brandi and Brittany Stenson each got in a different line to
vote in the gym at St. Elizabeth Seton School. Both of the sisters were
registered to vote at the polling place on the city's north side, in the
shadow of the giant DaimlerChrysler plant. Both cast ballots. But when the
tallies were added up later, the family resemblance came to an abrupt end.
Brittany's vote was counted - but Brandi's wasn't. It wasn't enough that
she had voted in the right building. If she wanted her vote to count,
according to Blackwell's ruling, she had to choose the line that led to
her assigned table. Her ballot - along with those of her mother, her
brother and thirty-seven other voters in the same precinct - were thrown
out [127] simply because they were, in the words of Rep. Stephanie Tubbs
Jones (D-Ohio), "in the right church but the wrong pew." [128]

All told, the deliberate chaos that resulted from Blackwell's registration
barriers did the trick. Black voters in the state - who went
overwhelmingly for Kerry - were twenty percent more likely than whites to
be forced to cast a provisional ballot. [129] In the end, nearly three
percent of all voters in Ohio were forced to vote provisionally [130] -
and more than 35,000 of their ballots were ultimately rejected. [131]

                             *6. Long Lines

When Election Day dawned on November 2nd, tens of thousands of Ohio voters
who had managed to overcome all the obstacles to registration erected by
Blackwell discovered that it didn't matter whether they were properly
listed on the voting rolls - because long lines at their precincts
prevented them from ever making it to the ballot box. Would-be voters in
Dayton and Cincinnati routinely faced waits as long as three hours. Those
in inner-city precincts in Columbus, Cleveland and Toledo - which were
voting for Kerry by margins of ninety percent or more - often waited up to
seven hours. At Kenyon College, students were forced to stand in line for
eleven hours before being allowed to vote, with the last voters casting
their ballots after three in the morning. [132]

A five-month analysis of the Ohio vote conducted by the Democratic
National Committee concluded in June 2005 that three percent of all Ohio
voters who showed up to vote on Election Day were forced to leave without
casting a ballot. [133] That's more than 174,000 voters. "The vast
majority of this lost vote," concluded the Conyers report, "was
concentrated in urban, minority and Democratic-leaning areas." [134]
Statewide, African-Americans waited an average of fifty-two minutes to
vote, compared to only eighteen minutes for whites. [135]

The long lines were not only foreseeable - they were actually created by
GOP efforts. Republicans in the state legislature, citing new electronic
voting machines that were supposed to speed voting, authorized local
election boards to reduce the number of precincts across Ohio. In most
cases, the new machines never materialized - but that didn't stop
officials in twenty of the state's eighty-eight counties, all of them
favorable to Democrats, from slashing the number of precincts by at least
twenty percent. [136]

Republican officials also created long lines by failing to distribute
enough voting machines to inner-city precincts. After the Florida disaster
in 2000, such problems with machines were supposed to be a thing of the
past. Under the Help America Vote Act, Ohio received more than $30 million
in federal funds to replace its faulty punch-card machines with more
reliable systems. [137] But on Election Day, that money was sitting in the
bank. Why? Because Ken Blackwell had applied for an extension until 2006,
insisting that there was no point in buying electronic machines that would
later have to be retrofitted under Ohio law to generate paper ballots.

"No one has ever accused our secretary of state of lacking in ability,"
says Rep. Kucinich. "He's a rather bright fellow, and he's involved in the
most minute details of his office. There's no doubt that he knew the
effect of not having enough voting machines in some areas."

At liberal Kenyon College, where students had registered in record
numbers, local election officials provided only two voting machines to
handle the anticipated surge of up to 1,300 voters. Meanwhile,
fundamentalist students at nearby Mount Vernon Nazarene University had one
machine for 100 voters and faced no lines at all. [139] Citing the lines
at Kenyon, the Conyers report concluded that the "misallocation of
machines went beyond urban/suburban discrepancies to specifically target
Democratic areas." [140]

In Columbus, which had registered 125,000 new voters [141] - more than
half of them black [142] - the board of elections estimated that it would
need 5,000 machines to handle the huge surge. [143] "On Election Day, the
county experienced an unprecedented turnout that could only be compared to
a 500-year flood," says Matt Damschroder, [144] chairman of the Franklin
County Board of Elections and the former head of the Republican Party in
Columbus. [145] But instead of buying more equipment, the Conyers
investigation found, Damschroder decided to "make do" with 2,741 machines.
[146] And to make matters worse, he favored his own party in distributing
the equipment. According to The Columbus Dispatch, precincts that had gone
seventy percent or more for Al Gore in 2000 were allocated seventeen fewer
machines in 2004, while strong GOP precincts received eight additional
machines. [147] An analysis by voter advocates found that all but three of
the thirty wards with the best voter-to-machine ratios were in Bush
strongholds; all but one of the seven with the worst ratios were in Kerry
country. [148]

The result was utterly predictable. According to an investigation by the
Columbus Free Press, white Republican suburbanites, blessed with a surplus
of machines, averaged waits of only twenty-two minutes; black urban
Democrats averaged three hours and fifteen minutes. [149] "The allocation
of voting machines in Franklin County was clearly biased against voters in
precincts with high proportions of African-Americans," concluded Walter
Mebane Jr., a government professor at Cornell University who conducted a
statistical analysis of the vote in and around Columbus. [150]

By midmorning, when it became clear that voters were dropping out of line
rather than braving the wait, precincts appealed for the right to
distribute paper ballots to speed the process. Blackwell denied the
request, saying it was an invitation to fraud. [151] A lawsuit ensued, and
the handwritten affidavits submitted by voters and election officials
offer a heart-rending snapshot of an electoral catastrophe in the offing:

From Columbus Precinct 44D: "There are three voting machines at this
precinct. I have been informed that in prior elections there were normally
four voting machines. At 1:45 p.m. there are approximately eighty-five
voters in line. At this time, the line to vote is approximately three
hours long. This precinct is largely African-American. I have personally
witnessed voters leaving the polling place without voting due to the
length of the line."

From Precinct 40: "I am serving as a presiding judge, a position I have
held for some 15+ years in precinct 40. In all my years of service, the
lines are by far the longest I have seen, with some waiting as long as
four to five hours. I expect the situation to only worsen as the early
evening heavy turnout approaches. I have requested additional machines
since 6:40 a.m. and no assistance has been offered."

Precinct 65H: "I observed a broken voting machine that was not in use for
approximately two hours. The precinct judge was very diligent but could
not get through to the BOE."

Precinct 18A: "At 4 p.m. the average wait time is about 4.5 hours and
continuing to increase. Voters are continuing to leave without voting."

As day stretched into evening, U.S. District Judge Algernon Marbley issued
a temporary restraining order requiring that voters be offered paper
ballots. [153] But it was too late: According to bipartisan estimates
published in The Washington Post, as many as 15,000 voters in Columbus had
already given up and gone home. [154] When closing time came at the polls,
according to the Conyers report, some precinct workers illegally dismissed
citizens who had waited for hours in the rain - in direct violation of
Ohio law, which stipulates that those in line at closing time are allowed
to remain and vote. [155]

The voters disenfranchised by long lines were overwhelmingly Democrats.
Because of the unequal distribution of voting equipment, the median
turnout in Franklin County precincts won by Kerry was fifty-one percent,
compared to sixty-one percent in those won by Bush. Assuming sixty percent
turnout under more equitable conditions, Kerry would have gained an
additional 17,000 votes in the county. [156]

In another move certain to add to the traffic jam at the polls, the GOP
deployed 3,600 operatives on Election Day to challenge voters in
thirty-one counties - most of them in predominantly black and urban areas.
[157] Although it was billed as a means to "ensure that voters are not
disenfranchised by fraud," [158] Republicans knew that the challengers
would inevitably create delays for eligible voters. Even Mark Weaver, the
GOP's attorney in Ohio, predicted in late October that the move would
"create chaos, longer lines and frustration." [159]

The day before the election, Judge Dlott attempted to halt the
challengers, ruling that "there exists an enormous risk of chaos, delay,
intimidation and pandemonium inside the polls and in the lines out the
doors." Dlott was also troubled by the placement of Republican
challengers: In Hamilton County, fourteen percent of new voters in white
areas would be confronted at the polls, compared to ninety-seven percent
of new voters in black areas. [160] But when the case was appealed to the
Supreme Court on Election Day, Justice John Paul Stevens allowed the
challenges to go forward. "I have faith," he ruled, "that the elected
officials and numerous election volunteers on the ground will carry out
their responsibilities in a way that will enable qualified voters to cast
their ballots." [161]

In fact, Blackwell gave Republican challengers unprecedented access to
polling stations, where they intimidated voters, worsening delays in
Democratic precincts. By the end of the day, thanks to a whirlwind of
legal wrangling, the GOP had even gotten permission to use the discredited
list of 35,000 names from its illegal caging effort to challenge would-be
voters. [162] According to the survey by the DNC, nearly 5,000 voters
across the state were turned away at the polls because of registration
challenges - even though federal law required that they be provided with
provisional ballots. [163]

                         *7. Faulty Machines

Voters who managed to make it past the array of hurdles erected by
Republican officials found themselves confronted by voting machines that
didn't work. Only 800,000 out of the 5.6 million votes in Ohio were cast
on electronic voting machines, but they were plagued with errors. [164] In
heavily Democratic areas around Youngstown, where nearly 100 voters
reported entering "Kerry" on the touch screen and watching "Bush" light
up, at least twenty machines had to be recalibrated in the middle of the
voting process for chronically flipping Kerry votes to Bush. [165]
(Similar "vote hopping" from Kerry to Bush was reported by voters and
election officials in other states.) [166] Elsewhere, voters complained in
sworn affidavits that they touched Kerry's name on the screen and it lit
up, but that the light had gone out by the time they finished their
ballot; the Kerry vote faded away. [167] In the state's most notorious
incident, an electronic machine at a fundamentalist church in the town of
Gahanna recorded a total of 4,258 votes for Bush and 260 votes for Kerry.
[168] In that precinct, however, there were only 800 registered voters, of
whom 638 showed up. [169] (The error, which was later blamed on a glitchy
memory card, was corrected before the certified vote count.)

In addition to problems with electronic machines, Ohio's vote was skewed
by old-fashioned punch-card equipment that posed what even Blackwell
acknowledged was the risk of a "Florida-like calamity." [170] All but
twenty of the state's counties relied on antiquated machines that were
virtually guaranteed to destroy votes [171] - many of which were counted
by automatic tabulators manufactured by Triad Governmental Systems, [172]
the same company that supplied Florida's notorious butterfly ballot in
2000. In fact, some 95,000 ballots in Ohio recorded no vote for president
at all - most of them on punch-card machines. Even accounting for the tiny
fraction of voters in each election who decide not to cast votes for
president - generally in the range of half a percent, according to Ohio
State law professor and respected elections scholar Dan Tokaji - that
would mean that at least 66,000 votes were invalidated by faulty voting
equipment. [173] If counted by hand instead of by automated tabulator, the
vast majority of these votes would have been discernable. But thanks to a
corrupt recount process, only one county hand-counted its ballots. [174]

Most of the uncounted ballots occurred in Ohio's big cities. In Cleveland,
where nearly 13,000 votes were ruined, a New York Times analysis found
that black precincts suffered more than twice the rate of spoiled ballots
than white districts. [175] In Dayton, Kerry-leaning precincts had nearly
twice the number of spoiled ballots as Bush-leaning precincts. [176] Last
April, a federal court ruled that Ohio's use of punch-card balloting
violated the equal-protection rights of the citizens who voted on them.

In addition to spoiling ballots, the punch-card machines also created
bizarre miscounts known as "ballot crawl." In Cleveland Precinct 4F, a
heavily African-American precinct, Constitution Party candidate Michael
Peroutka was credited with an impressive forty-one percent of the vote. In
Precinct 4N, where Al Gore won ninety-eight percent of the vote in 2000,
Libertarian Party candidate Michael Badnarik was credited with
thirty-three percent of the vote. Badnarik and Peroutka also picked up a
sizable portion of the vote in precincts across Cleveland - 11M, 3B, 8G,
8I, 3I. [178] "It appears that hundreds, if not thousands, of votes
intended to be cast for Senator Kerry were recorded as being for a
third-party candidate," the Conyers report concludes. [179]

But it's not just third-party candidates: Ballot crawl in Cleveland also
shifted votes from Kerry to Bush. In Precinct 13B, where Bush received
only six votes in 2000, he was credited with twenty percent of the total
in 2004. Same story in 9P, where Bush recorded eighty-seven votes in 2004,
compared to his grand total of one in 2000. [180]

                         *8. Rural Counties

Despite the well-documented effort that prevented hundreds of thousands of
voters in urban and minority precincts from casting ballots, the worst
theft in Ohio may have quietly taken place in rural counties. An
examination of election data suggests widespread fraud - and even good
old-fashioned stuffing of ballot boxes - in twelve sparsely populated
counties scattered across southern and western Ohio: Auglaize, Brown,
Butler, Clermont, Darke, Highland, Mercer, Miami, Putnam, Shelby, Van Wert
and Warren. (See The Twelve Suspect Counties) One key indicator of fraud
is to look at counties where the presidential vote departs radically from
other races on the ballot. By this measure, John Kerry's numbers were
suspiciously low in each of the twelve counties - and George Bush's were
unusually high.

Take the case of Ellen Connally, a Democrat who lost her race for chief
justice of the state Supreme Court. When the ballots were counted, Kerry
should have drawn far more votes than Connally - a liberal black judge who
supports gay rights and campaigned on a shoestring budget. And that's
exactly what happened statewide: Kerry tallied 667,000 more votes for
president than Connally did for chief justice, outpolling her by a margin
of thirty-two percent. Yet in these twelve off-the-radar counties,
Connally somehow managed to outperform the best-funded Democrat in
history, thumping Kerry by a grand total of 19,621 votes - a margin of ten
percent. [181] The Conyers report - recognizing that thousands of rural
Bush voters were unlikely to have backed a gay-friendly black judge
roundly rejected in Democratic precincts - suggests that "thousands of
votes for Senator Kerry were lost." [182]

Kucinich, a veteran of elections in the state, puts it even more bluntly.
"Down-ticket candidates shouldn't outperform presidential candidates like
that," he says. "That just doesn't happen. The question is: Where did the
votes for Kerry go?"

They certainly weren't invalidated by faulty voting equipment: a trifling
one percent of presidential ballots in the twelve suspect counties were
spoiled. The more likely explanation is that they were fraudulently
shifted to Bush. Statewide, the president outpolled Thomas Moyer, the
Republican judge who defeated Connally, by twenty-one percent. Yet in the
twelve questionable counties, Bush's margin over Moyer was fifty percent -
a strong indication that the president's certified vote total was
inflated. If Kerry had maintained his statewide margin over Connally in
the twelve suspect counties, as he almost assuredly would have done in a
clean election, he would have bested her by 81,260 ballots. That's a swing
of 162,520 votes from Kerry to Bush - more than enough to alter the
outcome. [183]

"This is very strong evidence that the count is off in those counties,"
says Freeman, the poll analyst. "By itself, without anything else, what
happened in these twelve counties turns Ohio into a Kerry state. To me,
this provides every indication of fraud."

How might this fraud have been carried out? One way to steal votes is to
tamper with individual ballots - and there is evidence that Republicans
did just that. In Clermont County, where optical scanners were used to
tabulate votes, sworn affidavits by election observers given to the House
Judiciary Committee describe ballots on which marks for Kerry were covered
up with white stickers, while marks for Bush were filled in to replace
them. Rep. Conyers, in a letter to the FBI, described the testimony as
"strong evidence of vote tampering if not outright fraud." [184] In Miami
County, where Connally outpaced Kerry, one precinct registered a turnout
of 98.55 percent [185] - meaning that all but ten eligible voters went to
the polls on Election Day. An investigation by the Columbus Free Press,
however, collected affidavits from twenty-five people who swear they
didn't vote. [186]

In addition to altering individual ballots, evidence suggests that
Republicans tampered with the software used to tabulate votes. In Auglaize
County, where Kerry lost not only to Connally but to two other defeated
Democratic judicial candidates, voters cast their ballots on touch-screen
machines. [187] Two weeks before the election, an employee of ES&S, the
company that manufactures the machines, was observed by a local election
official making an unauthorized log-in to the central computer used to
compile election results. [188] In Miami County, after 100 percent of
precincts had already reported their official results, an additional
18,615 votes were inexplicably added to the final tally. The last-minute
alteration awarded 12,000 of the votes to Bush, boosting his margin of
victory in the county by nearly 6,000. [189]

The most transparently crooked incident took place in Warren County. In
the leadup to the election, Blackwell had illegally sought to keep
reporters and election observers at least 100 feet away from the polls.
[190] The Sixth Circuit, ruling that the decree represented an
unconstitutional violation of the First Amendment, noted ominously that
"democracies die behind closed doors." But the decision didn't stop
officials in Warren County from devising a way to count the vote in
secret. Immediately after the polls closed on Election Day, GOP officials
- citing the FBI - declared that the county was facing a terrorist threat
that ranked ten on a scale of one to ten. The county administration
building was hastily locked down, allowing election officials to tabulate
the results without any reporters present.

In fact, there was no terrorist threat. The FBI declared that it had
issued no such warning, and an investigation by The Cincinnati Enquirer
unearthed e-mails showing that the Republican plan to declare a terrorist
alert had been in the works for eight days prior to the election.
Officials had even refined the plot down to the language they used on
signs notifying the public of a lockdown. (When ROLLING STONE requested
copies of the same e-mails from the county, officials responded that the
documents have been destroyed.) [191]

The late-night secrecy in Warren County recalls a classic trick: Results
are held back until it's determined how many votes the favored candidate
needs to win, and the totals are then adjusted accordingly. When Warren
County finally announced its official results - one of the last counties
in the state to do so [192] - the results departed wildly from statewide
patterns. John Kerry received 2,426 fewer votes for president than Ellen
Connally, the poorly funded black judge, did for chief justice. A
name="193a" href="#a193">[193] As the Conyers report concluded, "It is
impossible to rule out the possibility that some sort of manipulation of
the tallies occurred on election night in the locked-down facility." [194]

Nor does the electoral tampering appear to have been isolated to these
dozen counties. Ohio, like several other states, had an initiative on the
ballot in 2004 to outlaw gay marriage. Statewide, the measure proved far
more popular than Bush, besting the president by 470,000 votes. But in six
of the twelve suspect counties - as well as in six other small counties in
central Ohio - Bush outpolled the ban on same-sex unions by 16,132 votes.
To trust the official tally, in other words, you must believe that
thousands of rural Ohioans voted for both President Bush and gay marriage.
[195]   [end part 2 of 3]


[90] Secretary of State Directive, No. 2004-31, Section II, September 7,

[91] Tokaji, pg. 1227 and Voting Rights Act, 42 U.S.C. 1971(a)(2)(B)

[92] Jim Bebbington and Laura Bischoff, "Blackwell Rulings Rile Voting
Advocates," Dayton Daily News.

[93] Congress of the United States House of Representatives, Committee on
the Judiciary, letter from Conyers to Blackwell.

[94] Catherine Candisky, "Secretary of State Lifts Order on Voting Forms;
Lighter Paper Now Deemed Acceptable for Registration," Columbus Dispatch,
September 30, 2004.

[95] Analyses of Voter Disqualification, Cuyahoga County, Ohio, November
2004, Greater Cleveland Voter Registration Coalition, updated May 9, 2006,
page 14.

[96] Analyses of Voter Disqualification, page 5.

[97] Analyses of Voter Disqualification, page. 1.

[98] Lucas County Board of Elections - Results of Investigation Following
November 2004 General Election, April 5, 2005, Richard Weghorst and Faith

[99] "Feds Confirm Investigation of GOP Campaign Contributor," The
Associated Press State & Local Wire, April 28, 2005.

[100] Mark Naymik, "Coin Dealer Raised Chunk of Change for Bush," Plain
Dealer, August 7, 2005.

[101] Christopher D. Kirkpatrick, "Noe Indicted for Laundering Money to
Bush Campaign," Toledo Blade, October 27, 2005.

Mike Wilkinson and James Drew, "Grand Jury Charges Noe with 53 Felony
Counts," Toledo Blade, February 13, 2006.

[102] Lucas County Report, pg. 2.

[103] Lucas County Report, pg. 9.

[104] Lucas County Report, pg. 10.

[105] Lucas County Report, pages 9-10.

[106] Lucas County Report, pg. 9.

[107] Lucas County Report, pg. 9.

[108] Lucas County Report, pg. 18.

[109] Lucas County Report, pages 18-19.

[110] Lucas County Report, pg. 19.

[111] Lucas County Report, pages 4, 6.

[112] Lucas County Report, pg. 6.

[113] "Remarks by the President at Victory 2004 Rally," Seagate Convention
Centre, Toledo, Ohio, October 29, 2004, The White House. note:
Bernadette and Tom Noe's last name is incorrectly spelled "Noy" in the
official White House transcript.

[114] Help America Vote Act, Title III, Uniform and Nondiscriminatory
Election Technology and Administration Requirements, Subtitle A
Requirements, Section 302.

[115] Directive No. 2004-33 from J. Kenneth Blackwell, Ohio Sec'y of
State, to All County Boards of Elections 1 (Sept. 16, 2004.).

[116] In the United States District Court for the Northern District of
Ohio, Western Division, The Sandusky County Democratic Party v. J. Kenneth
Blackwell, Case No. 3:04CV7582, Page 8.

[117] Gregory Korte and Jim Siegel, "Defiant Blackwell Rips Judge;
Secretary Says He'd go to Jail Before Rewriting Ballot Memo," Cincinnati
Enquirer, October 22, 2004.

[118] Sandusky County Democratic Party v. Blackwell, (N.D. Ohio), (6th
Cir. 2004). And Tokaji, pg. 1229

[119]Tokaji, pg. 1231

[120] "Judge, Blackwell, Spar Over Provisional Ballots," The Associated
Press, October 20, 2004.

[121] In the United States District Court for the Northern District of
Ohio Western Division, The League of Women Voters of Ohio, et al. v. J.
Kenneth Blackwell, Case No. 3:04 CV 7622

[122] David G. Savage, Richard B. Schmitt, "Bush Seeks Limit to Suits Over
Voting Rights," Los Angeles Times, October 29, 2004.

[123] Judge Julia Smith Gibbons August 2, 2002
Judge John M. Rogers November 27, 2002
Judge Jeffrey S. Sutton May 5, 2003
Judge Deborah L. Cook May 7, 2003

[124] Darrell Rowland and Lee Leonard, "Federal Agency Distances Itself
from Ohio Official; Blackwell Says Their Provisional-Balloting Positions
are the Same," Columbus Dispatch (Ohio), October 20, 2004.

[125] David S. Bernstein, "Questioning Ohio," Providence Phoenix, November
12 -18, 2004.

[126] Norma Robbins, "Facts to Ponder About the 2004 General Election,"
May 10, 2006.

[127] Fritz Wenzel, "Purging of Rolls, Confusion Anger Voters; 41% of
November 2nd Provisional Ballots Axed in Lucas County," Toledo Blade,
January 9, 2005.

[128] Interview with Stephanie Tubbs Jones

[129] Democratic National Committee, Voting Rights Institute, "Democracy
at Risk: The 2004 Election in Ohio," June 22, 2005. Page 6.

[130] Democracy at Risk, pg. 5.

[131] Ohio Secretary of State Web site, Provisional Ballots; Official
Tabulation, November 2, 2004.

[132] Michael Powell and Peter Slevin, "Several Factors Contributed to
'Lost' Voters in Ohio," Washington Post, December 15, 2004.

Christopher Hitchens, "Ohio's Odd Numbers," Vanity Fair.

Additional analysis by Bob Fitrakis, editor of the Columbus Free Press,
and Richard Hayes Phillips.

[133] Democracy at Risk, pg. 3.

[134] Preserving Democracy, pg. 29.

[135] Democracy at Risk, pg. 5.

[136] Bernstein, Providence Phoenix

[137] U.S. Election Assistance Comm'n, Funding for States, and Tokaji, pg. 1222.

[138] "The Battle Over Voting Technology," PBS, Online NewsHour, December
16, 2003.

Paul Festa, "States Scrutinize e-Voting as Primaries Near," CNET,
December 8, 2003.

[139] Preserving Democracy, pg. 27.

[140] Preserving Democracy, pg. 30.

[141] Matt Damschroder, chairman of Franklin County Board of Elections.

[142] Preserving Democracy, pg. 26.

[143] Michael Powell and Peter Slevin, "Several Factors Contributed to
'Lost' Voters in Ohio," Washington Post, December 15, 2004.

[144] Correspondence with Matt Damschroder.

[145] Suzanne Hoholik and Mark Ferenchik, "GOP Council Hopes Rising; Party
expects ruling on peititions will put its candidate on ballot," Columbus
Dispatch, March 26, 2003.

[146] Preserving Democracy, pg. 25.

[147] Mark Niquette, "GOP Strongholds Saw Increase in Voting Machines,"
Columbus Dispatch, December 12, 2004.

[148] Michael Powell and Peter Slevin, "Several Factors Contributed to
'Lost' Voters in Ohio," Washington Post, December 15, 2004.

[149] Columbus Free Press editor, Bob Fitrakis.

[150] "Voting Machine Allocation in Franklin County, Ohio, 2004: Response
to the U.S. Department of Justice Letter of June 29, 2005," Walter R.
Mebane, Jr., February 11, 2006, Page 13.

[151] Tokaji, pg. 1238. Ohio Democratic Party v. Blackwell, No. C2 04
1055, (S.D. Ohio Nov. 2, 2004).

[152] Ohio Democratic Party v. Blackwell, No. C2 04 1055, (S.D. Ohio Nov.
2, 2004).

[153] Ohio Democratic Party v. Blackwell, No. C2 04 1055, slip op. At 1
(S.D. Ohio Nov. 2, 2004).

[154] Washington Post, "Several Factors Contributed to 'Lost' Voters in
Ohio," Michael Powell and Peter Slevin, December 15, 2004.

[155] Preserving Democracy, pg. 25.

[156] Affidavit of Richard Hayes Phillips, December 10, 2004.

[157] Mark Niquette, "Finally, It's Time to Vote; U.S. Appeals Court
Overturns Ban, Allows Challengers Back in Polling Sites," Columbus
Dispatch (Ohio), November 2, 2004.

[158] In the United States District Court for the Southern District of
Ohio, Western Division, Marian A. Spencer, et. al., v. J. Kenneth
Blackwell, Case no. C-1-04-738, page 3.

[159] James Dao, "The 2004 Campaign: Ohio, G.O.P. Bid to Contest
Registrations is Blocked," The New York Times, October 28, 2004.

[160] Marian A. Spencer, et. al., v. J. Kenneth Blackwell; In the United
States District Court for the Southern District of Ohio, Western Division;
Case no. C-1-04-738.

[161] Dan Horn, Howard Wilkinson, and Cindi Andrews, "Supreme Court
Justice Allows Challengers," Cincinnati Enquirer.

[162] Tokaji, pages 1237-1238.

[163] Democracy at Risk, pg. 20.

[164] The Columbus Free Press.

[165] "Errors Plague Voting Process in Ohio, Pa." The Vindicator, November
3, 2004, Vindicator Staff Report

[166] Voters Unite catalogues news reports from around the country that
give examples of dysfunctional voting machines, among other election

[167] The Columbus Free Press.

[168] Jim Woods, "In One Precinct, Bush's Tally was Supersized by a
Computer Glitch," Columbus Dispatch (Ohio), November 5, 2004.

[169] Hitchens, Vanity Fair.

[170] Letter from J. Kenneth Blackwell, Ohio Secretary of State, to Doug
White, President, Ohio Senate 3 (Feb. 26, 2004).

[171] Sixty-eight counties used punch card ballots. Thirteen used optical
scan machines. Seven used touch-screen technology.

[172] Malia Rulon, "Congressman Calls For FBI Investigation Into Ohio
Election," The Associated Press State & Local Wire, December 15, 2004.

[173] Tokaji, Page 1221.

[174] Jim Konkoly, "Volunteers Complete Local Recount," Coshocton Tribune,
December 18, 2004.

[175] New York Times, "Voting Problems in Ohio Spur Call for Overhaul,"
James Dao, Ford Fessenden, December 24, 2004.

[176] Ken McCall and Jim Bebbington, "Two Precincts had High Undercounts,
Analysis Shows,"Dayton Daily News, November 18, 2004.

[177] Lisa A. Abraham, "Punch-Card Voting is Illegal," Akron Beacon
Journal, April 22, 2006.

[178] Analysis by Hayes Phillips.

[179] Preserving Democracy, pg. 57.

[180] Analysis by Hayes Phillips.

[181] Analysis completed by using official tallies on the Ohio Secretary
of State Web site. Official tallies for Kerry:

Official tallies for Connally:

[182] Preserving Democracy, pg. 55.

[183] Analysis conducted through official vote tallies posted on Ohio
Secretary of State Web site.

[184] Letter from Rep. John Conyers to Chris Swecker, assistant director
of the Criminal Investigative Division at the Federal Bureau of
Investigation. See attached affidavits.

[185] Miami County Board of Elections.

[186] Confirmed by Bob Fitrakis of the Free Press

[187] Analysis conducted through official vote tallies posted on Ohio
Secretary of State Web site.

[188] Erin Miller, "Board Awaits State Follow Up," The Evening Leader.

[189] "Preserving Democracy," pages 58-59.

[190] The Associated Press, "News Groups Sue Ohio Elections Chief Over
Poll Access," Associated Press, November 2, 2004. and Mark Crispin Miller,
"None Dare Call It Stolen," Harper's, August 2005.

[191] Incidents in Warren County were catalogued in a series of articles
by the Cincinnati Enquirer:

Erica Solving, "No Changes in Final Warren Co. Vote Count; E-mails
Released Monday Show Lockdown Pre-planned," Cincinnati Enquirer, November
16, 2004.

Erica Solving, "Warren's Vote Tally Walled Off; Alone in Ohio, Officials
Cited Homeland Security," Cincinnati Enquirer, November 5, 2004.

Erica Solvig and Dan Horn, "Warren Co. Defends Lockdown Decision; FBI
denies warning officials of any special threat," Cincinnati Enquirer,
November 10, 2004.

Erica Solvig, "Warren Co. Recount Goes Public; After Election Night
lockdown, security eases up," Cincinnati Enquirer, December 15, 2004.

[192] Erica Solvig, "Warren's Vote Tally Walled Off; Alone in Ohio,
Officials Cited Homeland Security," Cincinnati Enquirer, November 5, 2004.

[193] Analysis conducted through official vote tallies posted on the Ohio
Secretary of State Web site.

[194] "Preserving Democracy," pg. 52.

[195] Analysis conducted through official vote tallies posted on the Ohio
Secretary of State Web site.

--------10 of 10--------

 Every day, in
 every way, disobey
 George Bush, come what may!


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