http://www.dailykos.com/story/2004/12/24/122528/23

Georgia10's Holiday Update
by georgia10

1.  Recount Update

Ohio has been recounting its votes by taking 3% of the ballots in each county, hand count, and if the number doesn't match the previous totals, they conduct a hand recount of all the entire county.

There has been some controversy as to how that 3% is to be counted.  They are supposed to take all the votes in the county, and see how much 3% is.  Then they are supposed to randomly select a precinct or precincts that add up to that number.

The results of the recount, with almost all the counties in, is a net gain of Kerry of a couple hundred votes.

Pfff.  

Ah, but there is more, so much more....

2.  Recount Thwarted

A quick point about the "Random" selection of precincts mentioned above.  Read here and here about how "random" some of the precinct selection were.

Moving on.  Ohio law requires that if the voting machine recount doesn't match the hand recount, you have to recount the whole county.

But who needs to go through that legally-required formality?  If the hand count doesn't match, just change the machine:

Rewrite Ohio election law, eh? Well, it looks pretty black and white to me:

I don't see anything in there saying "If the tabulator count doesn't match the hand count, order a new machine."

This is not an isolated incident. When the machine count didn't match the hand recount, counties just changed the machines, instead of following through with a complete hand recount of the county.

Why?  Well, because the machines are always right.  At least that's what Mr. Barbian, employee of Triad (the vote tabulating company) thinks: "The machine is always right."

3.  About those machines....

I won't take up the space here, but if you want to convince your family that there is something seriously wrong with US elections, print out 20 Amazing facts About Elections in the U.S.

In Ohio, we have not only Diebold to deal with, but Triad, a vote tabulating company.  Read wanderindiana's dairy on the Triad family trifecta here.  Here is a map of Triad's influence on Ohio elections:

How much do we trust Triad?  Let me count the ways...

• Triad had remote access to the voting machines during the elections.
  
•  Triad left unofficial vote totals on PUBLIC SERVERS.
  
• Triad is alleged to have came into Hocking County, put a "patch " on a voting tabulator, and instruct the workers on how to put up a "cheat sheat" to ensure that the hand count matches the machine count.
  
• Triad is caught on tape admitting to the same.

• Its President, Walden Dell, stated in a GOP fundraising letter he was committed to "delivering Ohio's electoral votes to the President."  
  
• Not too close for comfort yet?  How about the fact that Walden Dell is a member of President Bush's "Rangers and Pioneers,'' an elite group of loyalists who have raised at least $100,000 each for the 2004 race? "I am one, and proud of it," Dell has proclaimed.
  
• Diebold was sued by the State of California for election fraud, it lied to public officials, and had to pay out $2.6 million to the state.
  
• Diebold techs "reprogammed" the voting machines during the Ohio recount.

4.  About the guy ordering the machines...

Ohio Secretary of State Kenneth Blackwell has been referred to as the 'Katherine Harris' of the 2004 election.  He was Chair of the Bush-Chenery 2004 Campaign in Ohio.  Not at all a conflict of interest, right?

Let's take a closer look at Mr. Blackwell:

* His office maintained secret slush funds:

• It took him six weeks to certify the Ohio votes, which was necessary for the recount to begin.  Six weeks.  To put that into perspective, within the same time frame, Washinton state certified its vote, completed a state-wide recount, and started a second one.
  
• While the Green party was inspecting voting information from minority precincts, Blackwell issued a suprise order, calling for a "lockdown" on any and all materials related to the election, claiming they were not "public records" yet. According to Ohio law, these should have remained public:

• Following in the footsteps of Bush, Cheney, and Rice, Blackwell has developed an allergic reaction to making statements under oath.  He has labelled requests to have him testify under oath as "harassment."
  
• Several Ohio senators have been calling on Blackwell to resign.
  
• Right before the election, Blackwell was blasted by U.S. District Judge James G. Carr in Toledo, who suggested that Blackwell risked denying large numbers of Ohioans the right to vote on Nov. 2 and "apparently seeks to accomplish the same result in Ohio in 2004 that occurred in Florida in 2000." The judge also conluded : "I cannot be confident . . . that Blackwell will, indeed, fulfill his obligation to this court, Ohio's election officials, and Ohio's voters," the judge wrote."

Arnebeck's lawsuit was dismissed without prejudice on a technicality; he filed two election contests (the presidential election and the election for Supreme Court justice) in the same complaint.  So the complaint was split up, and Arnebeck refiled the presidential election objection.  Deposition requestes were also sent to Blackwell, Bush, Rove, & Co.  

Chief Justice Moyers denied the Green's motion to expedite and impound evidence, finding that "the interests of justice do not warrant consideration of contestors' motion prior to expiration of time for contestees to appear in opposition."  Next, he asked that Arnebeck explain to him why the issue isn't moot, since the electors are already approved for Bush, and since (since he denied the motion to expedite, I might add), all of this won't be completed by January 6th, when Congress approves the electors.

If you every wanted a brilliant lawyer, now is when you need them the most.  Arnebeck has just a few days to file his brief as to why the case should not be thrown out alltogether. Read a lawyer's interpretation of what Arnebeck is up against over at DU.

Up against the clock, it seems that Blackwell's delay six week delay in certifying the vote may have worked...although Arnebeck does have a strong argument in his interpretation of the law.

Kerryites around the nation rejoiced yesterday as Kerry announced he will be filing a motion to expedite in Federal District Court.  Previously, Kerry just wrote letters, and more letters. Filing of the motion was delayed until today or possibly Monday due to inclement weather in Ohio (courthouse was closed...does Blackwell control the weather? hmmm).

6.  Must Reads

• Ohio electoral fight becomes 'biggest deal since Selma' as GOP stonewalls
  
• NYT: Voting Problems in Ohio Spur Call for Overhall
• Must see:  videos of voter suppression and the Fritakis article on suppression here.

• It's the holidays!  Relax.  Open up gifts and pretend you like them.
  
• Remember that Democracy doesn't take a day off.  Between basting the ham and icing the cookies, take 5 minutes and watch this slideshow on the elections.  Forward it to all your friends.  
  
• Use this nifty site to find your elected officials, or perhaps some Ohio officials, and shot them email, telling them Happy Holidays and all you want for Christmas is a paper trail.