Daily Update
November 2004 to April 2005

Recount Ends; VoteCobb Archived

 
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Recount News

VoteCobb Archived

The November 2004 election is over, but the Electoral Justice movement that was galvanized by the leadership of the Green Party and other principled Americans is gaining momentum. The Green Party is committed to preserving a permanent public record of the news and resource materials from the historic 2004 Recount efforts in Ohio and in other states across our nation. After April 30, 2004, you can visit the archived VoteCobb.org website at the Green Party's main website at www.gp.org.

Nashville Conference in Phila. Inquirer

The Philadelphia Inquirer featured a piece by Temple University professor Josh Mitteldorf on the Nashville Conference and the ongoing movement to address the irregularities of the November 2004 election. David Cobb spoke, and the Tennessee Greens co-sponsored, that important gathering of electoral justice activists, which took place the weekend of April 8-10. This conference was a comprehensive and historic event that brought together the "major players" who have surfaced in the dialogue over the problems with the 2004 election and the need for election reform. The conference was a gathering place for the many concerned citizens throughout the nation and the world who are intent on preserving democracies, and helped to break the media silence about the problems with the 2004 election within our country and provide a forum for increasing the world's attention to our threatened democratic principles. In addition, the conference included discussion sessions before and after the conference to exchange ideas and build coalitions to pursue the necessary elements of election reform and to redress concerns with the 2004 election.  more

Voter Confidence Resolution

A resolution is being circulated on the internet for local groups and communities to use as a template for resultions they can endorse comparable to the ant-war and anti-PATRIOT Act resolutions that have been passed in the last few years. The resolution says in part: When elections are conducted under conditions that prevent conclusive outcomes, the Consent of the Governed is not being sought. Absent this self-evident source of legitimacy, such Consent is not to be assumed or taken for granted.  more

Congress Members Denounce GA ID Law

Georgia Gov. Sonny Perdue signed a bill that makes it harder to vote, by requiring a photo identification in Georgia elections. The bill would have an obvious discriminatory impact on the poor, seniors, and minorities, who are less likely to have drivers licenses and less able to have access to the new ID cards. When Rep. John Conyers (D-MI) first learned the bill had passed the legislature, he organized a sign-on letter among his colleagues. The result was that Sen. Russ Feingold and 21 Members of Congress signed onto a letter to the Civil Rights Division of the Justice Department, asking them to throw this law out as being violative of the Voting Rights Act. As Rep. Conyers said, "Since Georgia is subject to pre-clearance requirements under Section 5 of the Voting Acts, the Justice Department can still block its implementation, if they can steer clear of politics and do the right and legally appropriate thing. This is a true outrage."  more

Baker Commission "Outrageous and Tainted"

Rep. John Conyers, Jr. of Michigan said it all in his blog: "The first meeting of the Baker-Carter election commission was disappointing and, at times, outrageous and tainted with racially-charged innuendo. Let me make absolutely clear that I greatly admire former President Jimmy Carter and believe he was insightful and on-target throughout the hearing. However, given the incredible lack of balance and profound lack of good faith demonstrated by some of Carter's fellow commissioners and many of the witnesses at this hearing, at times he seemed to be a very lonely voice of sanity." Meanwhile, online researchers have found that political donations from voting machine company executives go overwhelmingly to Republicans, and Velvet Revolution, a coalition of nearly 100 true Voting Rights and Election Reform organizations, continues to push for Baker's removal from the commission. This action to stop James A. Baker — the architect of the Bush/Cheney strategy to ensure that America's votes would not be counted in 2000 — has led angry outbursts by the commission's executive director.

Recount Probe in Cuyahoga County

Erie County Prosecutor Kevin J. Baxter is investigating whether the Cuyahoga County Board of Elections broke the law in its recount of ballots from the November presidential election. The complaints allege that the board violated state law because the precincts it recounted were neither randomly selected nor was the opening of ballots properly witnessed. In addition, David Cobb and Michael Badnarik allege that there were problems with the board's ballot-transfer cases, which can reveal whether the precinct used the ballots assigned to it or whether ballots from other precincts were used.  more

FAIR Sees Broken Electoral System

Fairness and Accuracy in Reporting has found that "[u]naddressed electoral system problems will continue to plague us, regardless of who won the White House last year, and the press would do well not to wait until 2008 to notice them again."  more

Voting Software Developers Endorse Divestiture

The Open Voting Consortium (OVC), a non-partisan group with Republican, Democratic, Green Party and Libertarian Party support, is the first Election Software Developer to publicly endorse Velvet Revolution's "Divestiture for Democracy" campaign! In an open letter sent today to VR by OVC President, Alan Dechert, the group announces their intentions of adopting the standards set forth in VR's February 21st letter to America's Voting Machine companies, calling on them to do the right thing for their country by — amongst other things — voluntarily opening hardware and software for inspection and certification to ensure transparency in our electoral system.  more

Voting Rights Threatened

The sanctity of the vote has been under attack again, as Bush operative and former Bush I official James Baker has been named to co-chair the blue-ribbon panel looking into voting issues. Some have analogized this to letting the fox investigate the hen house.  more

Voting Rights Amendment Needed Now

Rep. Jesse Jackson, Jr. again reminds us about the importance of making voting a national right, as opposed to a local right that can be controlled by the whims of local and state administrators: "The right to vote is the fundamental citizenship right that protects all other rights. Maybe that explains the shape we're in. The Bible says that if you build a house on sand, when it rains, the winds blow and the storms come it will not stand. The last two presidential elections have demonstrated that our voting system is built on sand....Instead of a house on sand, we need to build our democracy and our voting system on a rock, the rock of adding a Voting Rights Amendment to the U.S. Constitution that applies to all states and all citizens. That's why I and 56 colleagues in the House of Representatives have joined to support House Joint Resolution 28 — which in the cause of electoral justice should be the 28th amendment to the Constitution.  more

 
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Green Party News

Recount Probe in Cuyahoga County

Erie County Prosecutor Kevin J. Baxter is investigating whether the Cuyahoga County Board of Elections broke the law in its recount of ballots from the November presidential election. The complaints allege that the board violated state law because the precincts it recounted were neither randomly selected nor was the opening of ballots properly witnessed. In addition, David Cobb and Michael Badnarik allege that there were problems with the board's ballot-transfer cases, which can reveal whether the precinct used the ballots assigned to it or whether ballots from other precincts were used.  more

Greens Among Those Honoring Tubbs-Jones

Among those community leaders in Cleveland who honored Rep. Stephanie Tubbs Jones (D-OH) on February 24th with a Backbone Award were Leatrice Tolls, the Portage County Green Recount Coordinator, representing the Green Recount team. The Freedom Winter Bus riders and Ohio Vigilance also honored the former judge, who now represents the Cleveland area in Congress. She received the Backbone Award for being the lone House signatory to the challenge to the certification of Ohio's presidential electors on January 6th. "Stephanie Tubbs Jones represents a group of Congresspeople who have recognized that our elections do not belong to the candidates — they belong to the people," said Bill Moyer of the Backbone Campaign.  more

 
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Ohio Election Video
 Still Separate and Unequal in America
Play video now: Windows Media
Columbus, Ohio Election Day Footage
Nov. 2, 2004
UPDATE: This video was shown at a teach-in in California in April, 2005. For information, call 310-390-8141 or write to sheri@citizensact.org.
This video was entered as evidence into the U.S. Congressional Record in connection to the historic January 6, 2005 Congressional challenge to the Ohio Electoral votes. The video was accompanied by "Preserving Democracy: What Went Wrong in Ohio," a 102-page report by the House Judiciary Committee Democratic Staff (PDF format, 3.6 Mb)
This extraordinary footage was generously provided to us by the producers: Terri Taylor, Linda Byrket, and Donald L. Drennan. To order a copy, contact linda_byrket@yahoo.com. For documents related to the events depicted in this video, contact Sheri Leigh Myers at 310-390-8141. If you have videotapes about the 2004 elections that you believe deserve to be seen by the public, please contact Terri or Linda at 614-975-9009 or 412-242-7995.

see more videos

 
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Pro-Democracy Actions

The quest for Electoral Justice galvanized by the Ohio recount and the numerous voting problems discovered there has fueled a massive nationwide effort to remind the American public that Bush's so-called "mandate" is tainted:

  • Building Coalitions
    A Progressive Summit was convened by the Progressive Democrats of America in Washington recently. It was notable for its open call to Greens, independents, and others who worked for Electoral Justice in Ohio. David Cobb, Pat LaMarche, Medea Benjamin, and other Greens were featured speakers. An Electoral Reform Panel raised the issue of how to build a unified movement to support progressive changes in our electoral system.
  • Ongoing Grassroots Commitment
    Dozens of electoral justice groups have committed themselves to legal action, voting rights legislation, and voter mobilization in the coming year
  • Running for Electoral Office
     Pat LaMarche
    Green Party VP candidate Pat LaMarche tells progressives to run for office, not run away from the electoral system: "There is only one thing left for progressives of all political affiliations to do: Run! Don't run to Canada. Don't run for cover. Don't even run for momma. Run for office!"
Please email this page to others so that we can keep the heat on in New Mexico and keep electoral reform at the top of the Congressional agenda this year. If you have an opinion about the 2004 election or the issue of electoral reform, please post it in our Ohio Recount Blog.
 

Tuesday, January 25, 2005 (continued)

Here are some of the latest findings from our recount observers:

  • Hamilton County: Approximately 400 provisional ballots allegedly were rejected because they were cast in the wrong precinct, despite the fact that they were cast at the right polling station (i.e., at a polling station with more than one precinct).
  • Fairfield County: When the hand recount of the 3% test sample did not match the official vote totals, a full recount should have been ordered for all county ballots. Instead, the recount was "suspended" by county officials who said that Secretary Blackwell recommended that the recount should begin again "from scratch." The Green recount observers then were told that it was 4:00 PM, the building was closed, and all had to leave. The Republican contingent, however was allowed to stay in a conference room for an additional ten minutes or so for a private discussion.
  • Belmont County and Summit County: Recount witnesses were threatened with expulsion if they spoke to counting teams. In some instances, they were expected to "observe" from up to 20 feet away, despite Ohio Election Law allowing observers to be close enough to actually observe.
  • Medina County: Election officials were aware of several "problem" districts, but instead chose to perform the manual 3% test recount on two precincts that had been part of a School Levy Recount the previous Monday. That meant that those ballots had been taken out of the standard "double lock" situation and had been handled several times since Monday.
  • Huron County: The punchcard tabulator test was observed only by Republican witnesses. This test was conducted the day before the Green witness was invited to observe the recount.

Legal Update

Meanwhile, the New Mexico Supreme Court declined to hear our petition for a writ of mandamus, upholding a State Canvassing Board decision that Cobb and Libertarian Michael Badnarik pay the full cost of the New Mexico recount in advance (estimated by the Board at $1.4 million). That decision was contrary to New Mexico law, because there is no legal requirement that campaigns pay the full cost in advance, nor any way to accurately estimate the cost of the recount before it is completed.  press release   commentary: Mock the Vote
 David Cobb testifies before Congressional Forum
David Cobb Reveals Reports of Tampering with Voting Machines
 
 David Cobb testifies before Congressional Forum
David Cobb Denounces Partisan Manipulation of Ohio Election

On December 7, 2004, our attorneys sent a letter via facsimile and via overnight mail, on our behalf, to Secretary Blackwell outlining a series of issues relating to his Outline of Recount Procedures as posted on his official website. We stated in the letter that "resolution of these issues is necessary in order to ensure that the recount is conducted uniformly in the various county boards of election and in accordance with state and federal law."

As reports from conversations with the different Boards of Elections and our County Coordinators began to come in last week, we grew concerned about the varying standards throughout the State of Ohio as to how the recount in each of the counties would be conducted.

Those varying standards raised serious equal protection and due process concerns. We attempted to go back to Federal Court again on Friday, December 10th before the recount began. The judge denied our Motion for Injunctive Relief citing, as before, the lack of 'irreparable harm' that we would encounter — the third time our efforts to seek a timely and meaningful recount was denied because David Cobb and Michael Badnarik, the Green and Libertarian presidential candidates, respectively, were unlikely to get any electoral college votes.

The Attorney General had until end of business day on December 16th to respond, which he has now done. Basically, the Secretary of State and the Brief of Amici Curiae, filed by the County Commissioners Association of Ohio and Ohio's Association of Election Officials, asked the Court to deny our motion. Notice this phrase in their papers: "...However, these Plaintiffs are doing something far worse. Through this litigation, they are asking this Court to replace the Ohio Secretary of State."

 David Cobb testifies before Congressional Forum
Amy Kaplan, our Franklin County Recount Coordinator, challenges Franklin County Board of Elections for repeatedly blocking attempts to ensure integrity of the vote

Observers Challenge Franklin County Board of Elections

At long last, the Franklin County Board of Elections held a hearing on December 16 to receive testimony from voters about their experiences on Election Day.

Amy Kaplan, our Franklin County Recount Coordinator, challenged the Board for not taking advantage of the recount process to restore her faith in the integrity of the system. She went through a long list of requests that she and the Cobb campaign had made in order to have a meaningful recount, especially regarding the DRE machines. All such requests were denied.

Another speaker asked where the Board had been during the four hearings the voters had organized the week of November 13 through 21. Many speakers had acted as observers during the recount as Cobb witnesses. Hearing their stories of four, eight, and even ten hour lines in the rain reminded us once again why we had to challenge this unfair voting process.   more recount reports

 Election Fraud Protesters in Denver
Dec. 12:  Rally against voter suppression at Minnesota State Capitol (St. Paul). It was windy and bitter cold, with temperatures at about 0 degress all day. These are patriots!   Send us your photos supporting the recount.   more
 David Cobb at the Franklin County, Ohio courthouse
David Cobb entering Ohio's Franklin County courthouse to observe the re-counting of the vote
 David Cobb at the Franklin County, Ohio courthouse
The DRE ("Direct Recording Electronic") voting machine, which provides no voter-verified paper trail.
 Protesters in San Francisco
 Protesters
Protests across the U.S. (blue links are personal reports, green are press coverage, and red are photos):  AZ  CA  CA  MA  ME  MI  MN  NC  NM  NJ  NV  NY  OH  TX  WI  WI  more photos
"The Austin rally was absolutely AWESOME
...After the rally, we all collectively marched down Congress with a police escort to the Austin-American Statesman. This was a 15 block march right through downtown! The response from motorists was supportive with honks, cheers, and waves. I feel so empowered right now! Let's keep up the good work and keep the fight going!"
— Report of Dec. 12 protest rally in
Austin, Texas
 Election fraud protester
 Election fraud protester
Are you doing your part?   more Denver photos   other states

New Mexico Update

The New Mexico Supreme Court declined to hear our petition for a writ of mandamus, upholding a State Canvassing Board decision that Cobb and Libertarian Michael Badnarik pay the full cost of the New Mexico recount in advance (estimated by the Board at $1.4 million). That decision was contrary to New Mexico law, because there is no legal requirement that campaigns pay the full cost in advance, nor any way to accurately estimate the cost of the recount before it is completed.  press release   commentary: Mock the Vote   more updates

On December 16, the Cobb-LaMarche legal team filed a Verified Petition for Mandamus; Verified Petition for Superintending Control or Prohibition; and Request for Immediate Hearing with the New Mexico Supreme Court. The Petition and Supplement detail the reasons why the New Mexico recount should proceed. A hearing is expected today (Monday).

"There's tremendous grassroots support for the recount and for verifying the accuracy of our voting system. We have 800 volunteers who are ready to jump in and monitor the recount process," said Rick Lass, the New Mexico recount coordinator for the Cobb-LaMarche campaign.  more

Recount Mainstreamed

The New York Times, Washington Post, and other mainstream newspapers of record are carrying articles on aspects of the Ohio recount and voting "irregularities." The story about the Triad voting machine technician "replacing the machine's battery" before the recount began, which David Cobb broke to the media at the Judiciary Committee hearing held in Ohio on December 13, has resulted in quotes from Rep. Conyers, a Triad representative, and the naming of the Hocking County elections official who witnessed the technician's actions.  see videos

Protests Continue

Protests in Ohio and around the country to the outrageous "irregularities" that happened on Election Day are highlighted on our Photos of Patriots page.

The latest development is that Rep. Conyers has called for 1 million emails to Members of Congress to ask for a formal Judiciary Committee hearing, complete with the subpoena power that only the GOP majority can provide. Please send your emails today, and tell your friends to email as well. Messages to your own Senators and Representative, as a constituent, are the most effective. Send your message to both your Congressman and two Senators today!

Keeping It All In Perspective

As we reach this turning point moment for our democracy, we must remind ourselves that we must never repeat the momentous blunder of 2000, and allow the recount to be stopped, only to be told by the press months later that if all the valid, machine-rejected votes were counted, the man occupying the White House lost the election (SOURCES: 1 [SEE TABLE 1]; 23).

In his opening statement at the Congressional Forum on Wednesday, Rep. Conyers asked us all to take action in support of his efforts to investigate the 2004 election irregularities in Ohio by contacting: (1) Secretary of State Blackwell, and (2) James Sensenbrenner, Chairman of the House Judiciary Committee. Please respond to Rep. Conyer's request for a strong showing of support by concerned voters. With all three branches of government under one-party rule, only a strong message from America's voters will get results.

Please send comments and information about your events to us at greenrecount@yahoo.com. Thanks, as always, for your support. We couldn't do it without our 6,000+ donors and 3,000+ volunteers!

 
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