By Bob Fitrakis
Nov. 7, 2011

The Green, Libertarian, Socialist, Constitution and Americans Elect Parties are all designated as official parties on the ballot for the 2012 presidential election in Ohio. On October 18, 2011 the Federal District Court in Columbus ordered Secretary of State John Husted to recognize the Libertarian Party, As a result of that order, Husted issued Directive 2011-38 on November 1, 2011 which placed the four other minor parties on the Ohio ballot.

The U.S. Court of Appeals for the 6th Circuit found Ohio’s minor party election laws unconstitutional in September 2006. In the case Libertarian Party of Ohio v. Blackwell, the court held that both Ohio’s laws involving minor party formation as well as ballot access were unconstitutionally restrictive.

In 2008, in the Green Party of Ohio v. Brunner, then Secretary of State Jennifer Brunner entered into a consent decree with the Green Party that allowed both the Green and the Constitution Party on the ballot. The federal judge set as a standard that the minor parties had to show a “modicum” of support in Ohio to stay on the ballot. The judge set the standard at 1% of the statewide vote.

Early in 2011, the Republican-dominated legislature passed House Bill 194 essentially tossing the minor parties off the ballot and adopting similar standards for minor party ballot access that had already been determined unconstitutional.

The main thrust of HB 194 however, was to disenfranchise hundreds of thousands of Ohio voters that tended to vote Democratic. A vast coalition led by the Democratic Party with the assistance of the minor parties filed signatures to repeal the law at the end of September.

The filing of the repeal petitions for HB 194 put the controversial law on hold until voters go to the polls in November 2012.

The Green Party of Ohio threatened to file a contempt motion against the Ohio Secretary of State’s office and force them to show cause why the 2008 agreement was not being honored. Minor parties were also planning to file suits similar to the Libertarian Party to be placed on the ballot.

Consequently, the Secretary of State’s new directive requires only that minor parties need only “…one-half the minimum number of signatures required for candidates of major political parties.”

The only minor party not previously deemed as an officially recognized minor party on the ballot in Ohio is the “virtual third-party” Americans Elect Party. The Party is registered as a nonprofit social welfare organization and it is attempting to secure ballot status in all 50 states. It gathered nearly 2 million signatures from supporters of the idea. As a nonprofit social welfare organization, it is allowed by law to keep its donors secret, according to McClatchy Newspapers’ Washington bureau.

Americans Elect is associated with Peter Ackerman, the investment banker who was the founding chair of the International Center on Nonviolent Conflict.

The Green Party is planning to run candidates for U.S. Senate, President, and various Congressional seats in 2012.
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Bob Fitrakis is general counsel for the Ohio Green Party and filed the suit against Jennifer Brunner in 2008 that placed the Green Party on the ballot.

Will the 1% steal Ohio’s labor rights referendum?
by Bob Fitrakis & Harvey Wasserman
November 6, 2011

Tuesday’s most important vote is the repeal of Ohio’s vicious anti-labor Issue 2.

Polls show the repeal winning by 25% or more. But will it—like the 2004 presidential election—be stolen by the 1% intent on crushing working people and stealing huge sums of money?

Like Wisconsin’s millionaire assault on the bargaining rights of public unions, the thoroughly bought Ohio legislature has passed a draconian law aimed at crippling the organizing ability of working people.

The attack has the loud, persistent support of Wall Street’s hand-picked Governor John Kasich, who made millions as a Foxist commentator and Lehman bond dealer. Among other things, Kasich helped pawn $400 million in Lehman’s junk bonds onto the Ohio teacher’s pension fund, making him a multi-millionaire. Control of that money would be directly affected by the outcome of this referendum.

The legislature’s original passage of the anti-labor bill drew thousands of demonstrators to the statehouse lawn and key locations throughout the Buckeye State. The pre-occupy rallies got ardent support from progressive, union and working people across Ohio’s political spectrum.

But the vast, apparently virtually limitless resources of corporate America have been polluting the Ohio media, distorting the nature of the vote, aiming to thoroughly confuse the voters, who must vote no on this issue to defeat the bill. Since corporations are now considered “people,” with no real limits on what can be spent, the corporate anti-labor deluge has been horrific.

But that’s only the beginning. In 2004, the Ohio’s GOP control of the governorship and Secretary of State’s office made possible the theft of the presidency for George W. Bush. Though highly sophisticated exit polls showed John Kerry winning the state by more than 4%, the “official” outcome had him losing Ohio’s 20 electoral votes—and thus the White House—by more than 2%.

By all credible estimates such a shift of more than 6% was a statistical impossibility. It was primarily engineered by Bush consigliore Karl Rove and Republican Secretary of J. Kenneth Blackwell.

Rove and Blackwell helped knock more than 300,000 primarily Democratic voters off Ohio’s registration rolls prior to election day 2004. Despite the obvious irregularities that defined the registration process, voting procedures, ballot tabulations and final electronic manipulations, John Kerry conceded Ohio—and the election—with nearly 250,000 votes left uncounted.

In July of this year, www.freepress.org posted the architectural maps used in Blackwell’s 2004 voting operation in Ohio. His electronic reporting operation was designed by a partisan Republican firm, GovTech and linked directly to servers at the premier Republican and right-wing tech company SmarTech in Chattanooga, Tennessee. See New court filing reveals how the 2004 Ohio presidential election was hacked

In the 2005 election, a corporate coalition parallel to the one fighting to crush worker rights this year worked on a comparable Issue 2. In reaction to the theft of the vote in 2004, a popular uprising had designed that Issue 2 to make it easier for Ohioans to vote early by mail or in person.

Two days before the 2005 vote, the Republican-leaning Columbus Dispatch poll showed that Issue 2 passing by 26 points, 59% to 33%.

But, on that November 8 (the same day as this year’s vote), Blackwell oversaw the defeat of Issue 2 with the utterly implausible support of 63.5%. Once again, the shift from pre-election polling to final “official” vote count was a virtual statistical impossibility.

For Blackwell’s official vote tally to square with the pre-election Dispatch poll, there would have to have been an unprecedented 22% shift in the last days of the election cycle. Given the ability of the Ohio Secretary of State to easily manipulate voter registration and ballot counting, American democracy was severely crippled in that 2005 outcome, a defeat that may again come into play this Tuesday. (See Has American Democracy died an electronic death in Ohio 2005’s referenda defeats?)

This time around, the Republican-dominated Ohio legislature has already attempted to disenfranchise 900,000 Ohio voters—nearly 20% of the overall electorate. The vast majority of these newly disenfranchised citizens come from demographics indicating they are progressive voters who would vote to defeat Issue 2. Republican efforts came through HB 194, designed to make it difficult for the elderly, disabled, poor, and students to vote. Thankfully, a separate petition drive has temporarily blocked this latest reincarnaton of Jim Crow in the north.

But the GOP did kill early voting on the weekend before the election. This hugely successful expansion of the effective franchise had allowed tens of thousands of Ohioans to vote at public locations the Saturday and Sunday prior to the 2008 presidential election. This “excess of democracy” proved too much for the 1%, which got rid of it this year on the back of one of the legislature’s many anti-voter rights bills.

Greg Moore, head of the NAACP’s voting rights campaign, has said on Bob Fitrakis’s FIGHT BACK radio show (www.talktainmentradio.com) that Ohio’s Issue 2 may be the most important vote in the entire US this year. He also points out that in 2004 the right wing used a vote against gay marriage to attract conservative voters to the polls. This year the Republicans have put a symbolic anti-Obamacare Issue 3 on the ballot to draw out the same reactionary elements.

But the polling indicates that many of those who hate Obamacare also happen to be public employees, or friends and family of public employees – the targets of Issue 2.

Why is passing Issue 2 so important to these Republicans? If it passes, it will destroy the power of the public employee unions in the state. These unions remain the last base of money in Ohio politics for moderate, liberal and progressive candidates. The 1% has already been successful in destroying grassroots organizations that registered lower income voter, like ACORN.

Also, the pension funds the targeted unions protect contain hundreds of billions of dollars in workers assets. Defanged unions would be easy prey for the likes of Kasich, the former Lehman Brothers Uber-Vulture who got rich with the sale of over $400 million of junk assets to the teacher’s pension before becoming governor.

Essentially the weakened unions could lose control of the pension boards and the looting would begin anew.

Thus, even though the forces of democracy and unionization seem to have a substantial lead going into Tuesday’s vote, no electoral tally in Ohio is a safe bet. The theft of the presidency in 2004, and the huge reversal of the pro-democracy margin for Issue 2 in 2005—more than 20%—should remind us all that where billions of dollars and the rights of working people are concerned, the 1% will stop at nothing to steal an election.

It has been done repeatedly in Ohio. It could be done again on Tuesday. Let’s do all in our power to make sure Buckeye history does not repeat itself as both tragedy and farce.


Bob Fitrakis & Harvey Wasserman have co-authored four books on election protection. Bob’s Fitrakis Files are at www.freepress.org, where this article was first published. Harvey Wasserman’s History of the United States is at www.harveywasserman.com, along with Solartopia! Our Green-Powered Earth.

Bob Fitrakis on “Fight Back”:
NAACP’s Greg Moore on the upcoming November 8 elections
Bob and Greg will discuss the Issues on the ballot in Ohio, voter suppression and politics.
Listen and call in this Wednesday November 2
7 – 8 PM
Call 877-932-9766

*************************
Here’s how to call in to the LIVE INTERNET radio show:
(on your computer – not on your broadcast radio dial)
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Go to: http://talktainmentradio.com
Click on “Listen Live”
Call 877-932-9766

September 25, 2011

The original notice that Karl Rove, former Senior Advisor to President George W. Bush, would be speaking at Cedarville University in Ohio came from Warcriminalswatch.org. What piqued my interest is how a Bible-based fundamentalist university would invite the country’s most famous Machiavellian to speak on Constitution Day.

As a frequent critic of Rove, my writings have argued that he’s not only a war criminal as Bush’s advisor during the illegal Iraq War, but also a violator of human rights on the issue of torture for supporting Bush’s torture policies. Also, I’ve argued that he’s a criminal racketeer because of his illegal activities regarding the Florida presidential election in 2000 and the Ohio election in 2004.

To Cedarville University’s credit, the Alpha Sigmas invited me to speak prior to Rove’s visit and outline my case against him. The 60 or so people who filled the lecture room applauded politely at the beginning, and even at the end, but that was nothing compared to the standing ovation Rove would get in the Jeremiah Chapel during his introduction and conclusion.

The title of Rove’s Constitution Day speech was “2012: Choosing our Future.” This was a little less academic than my “The Rovian Dilemma: Machiavellian or Moralist” speech.

Rove was shockingly charming during his introduction. Preceding him, perhaps ironically, the school’s choir belted out The Battle Hymn of the Republic” a northern battle cry to greet the faux Texan, Rove.

Rove began by reading the preamble to the Constitution and then introducing his theme of the “big choices” before the thousands assembled. He launched into a fairly detailed attack on the Obama stimulus plan around the talking point “we cannot spend our way to prosperity.” In Rove’s analysis, Bush’s trillion dollar bailout of the “too big to fail” investment banks is forgotten, as is the massive debt run up under his administration, the great recession he triggered, and the yearly surplus that existed at the end of the Clinton years.

Rove should be given credit for not using rubber numbers in his current criticism of Obamanomics. However, he pushed heavily what scholars call “the Horatio Alger myth,” where mythical small entrepreneurs under a limited government flourish and save America. Rove’s plea to continue the un-taxing of the rich, many of them contributors to Rove’s American Crossroads political action committee (PAC), centered around the theme “we’re not a country of resentment.”

Apparently, poor people and middle class people get excited and draw pleasure from the lifestyles of the rich, famous and untaxed. In the Rovian world, working people like to pack up factories and help giant corporation move to China because they know what’s good for rich people is good for America. And, after all, if anybody who wants can get rich, why do you really need any social problems that aid the poor and unemployed?

But where Rove really milks the applause from the fundamentalist crowd is on the subject of all things militaristic. As one of our country’s most famous chicken hawks, Rove liked to talk about the “nine young men in uniform in Dr. Smith’s class” where he had lectured earlier in the day on political science. One can only hope that the men in uniform there would honor their oath to the U.S. Constitution and their specific commitment to defend it against all enemies foreign and domestic, by arresting Rove.

His big ending centered around a Navy Seal who had taken enemy fire in his face and by God, that SEAL was one of God’s happiest men for the privilege of waging war in a far-off land for ever shifting reasons, against ill-equipped foes. What Rove realizes is that modern right-wing fundamentalism has merged Christianity and nationalism and that Cedarville’s version of the corporate war-mongering Jesus prevails over the Prince of Peace and the Christ of the Sermon on the Mount.

What Rove took from Machiavelli is obvious. Machiavelli famous advice to the Prince – to be the first one out on high holy days, to make a public demonstration of religious ritualistic commitment, but not taking any of Jesus’ actual values seriously.

Rove took the same approach to the U.S. Constitution, going out of his way to praise Obama only for not closing Guantanamo Bay. “I applaud him for it,” Rove stated.

In Rove’s final shredding of the U.S. Constitution, he told the students that there are no rights for “bad people” at Guantanamo because they’re “not a criminal, but an enemy.” Apparently in Rove’s world, due process for criminals and military combatants are waived if you’re a “bad person.”

He went on to justify his analysis in one of the most convoluted applications of logic that I’ve heard in recent memory. In an analysis that would have made Machiavelli blush, he gave Bush the credit for killing Osama bin Laden by arguing that during enhanced interrogation (read: torture) five years earlier, some bad people at Guantanamo lied about some people in Pakistan. Thus, five years later, people working for Obama were able to figure out that the people being tortured under Bush lied and were actually working for Osama bin Laden. Hence, the undiscovered lies from the torture victims led to the killing of bin Laden.

In a press conference prior to his speech on the Constitution, Rove told reporters that he plans to raise a quarter of a billion dollars with his independent PACS American Crossroads and Crossroads GPS to influence the election in key battleground states like Ohio. In 2004, a Cedarville professor and some students helped then-Secretary of State J. Kenneth Blackwell monitor Ohio’s election count, even when it was outsourced to a Republican-owned computer company in Chattanooga, Tennessee. Computer security expert Stephen Spoonamore, a lifelong Republican, has denounced that shift of the vote counting as a “man-in-the-middle attack” that illegally altered the vote count between Kerry and Bush in Bush’s favor.

Cedarville University must worry about whether it gains access to the political world of Karl Rove, but loses its soul. The University must render under Rove the things that are illegal and render under God their conscience.


Bob Fitrakis has a Ph.D. in political science and a J.D. and teaches political theory and American Government.

Bob talks to former Ohio Secretary of State Brunner Heading Campaign To Repeal Voter Suppression Bill HB 194

By Bob Fitrakis

August 10, 2011

Ohio Secretary of State John Husted has banned all minor political parties in Ohio from the ballot. In an August 5, 2011 letter written to the Libertarian Party of Ohio, Husted made it clear that his interpretation of the draconian Ohio House Bill 194, passed by the Republican-dominated legislature, means that all minor parties have lost their official statewide party status effective September 30, 2011.

In a bizarre twist, Husted wrote that the bill “…included laws related to the requirements minor parties will have to satisfy in order to gain ballot access.”

In Husted’s reading of HB 194, the Libertarian, Green, Socialist and Constitution Parties that have been on the ballot since the 2008 election will have to start over to gain ballot access that they already held under a federal court ruling. In a similar situation, then-Secretary of State Ted Brown left minor parties on the ballot in 1970 and 1972 rather than revoking their ballot access due to a new election law.

In 2006, the 6th Circuit Court of Appeals found the qualifications for minor parties two restrictive and the Ohio election law was declared unconstitutional. One provision in the bill struck down by the 6th Circuit held that minor parties had to file in November of the year before the election. HB 194 moved this petition filing deadline to early February of the election year for minor parties.

But the U.S. Supreme Court in Williams vs. Rhodes, a 1968 Ohio case, ruled that a February deadline is “unreasonably early.”

The law gives the minor parties three and a half months to collect 40,000 valid signatures to place their Party back on the ballot.

The Libertarian Party of Ohio filed a lawsuit on August 9 for “First Amendment rights and voting freedom,” seeking to overturn the short turnaround for the ballot access signatures portion of HB 194.

Former Ohio Secretary of State Jennifer Brunner spoke on Talktainment radio August 10 and was critical of Husted’s letter, arguing that it was a waste of taxpayers’ money to force the minor parties to sue to gain ballot access. “It’s an unfortunate waste of taxpayer dollars. The minor parties should prevail. But the Secretary of State’s office will have to pay the bills out of their budget,” she said.

Brunner and her CouragePAC are part of a broad coalition of forces that include Rev. Jesse Jackson’s Rainbow PUSH and ProgressOhio. They will be gathering signatures to repeal HB 194 because it restricts the right to vote for many Ohio voters, including the elderly, students, urban and poor people. The law forbids pollworkers from directing voters to the correct precinct among other anti-democratic measures.

On August 6 at the Mt. Hermon Baptist Church in Columbus, the anniversary of the historic Selma to Montgomery civil rights march, Rev. Jackson told Ohio activists seeking to repeal HB 194 that “Fundamental to protecting all the rights is voting rights.”

Jackson accused the Ohio Republican Party of embracing a “state’s rights ideology” left over from the Civil War. He stressed that it was no accident that the Republican Party is now engaging in the largest disenfranchising of voters since the Voting Rights Act of 1965, and it is happening in 34 states across the country.

If Brunner and Jackson’s coalition is successful in gathering the signatures to place the repeal of HB 194 on Ohio’s ballot in 2012, the law will not go into effect on September 30. Rather, it will decided by voters in the 2012 November election.

Where this leaves Ohio’s minor parties may ultimately decided by the courts. Part of HB 194 retrospectively “declared void the 2009 and 2011 Secretary of State directives providing ballot access to certain minor parties,” Husted wrote to the Libertarian Party of Ohio. Those directives came as part of a consent agreement between the Secretary of State’s office and minor parties, enforced by Ohio’s federal court in the Southern District.

Husted’s letter makes it clear that he intends to enforce the partisan Republican law even if it is placed on hold by a repeal process.

It was the Libertarian and Green Parties in 2004 that demanded the recount of Ohio’s suspect presidential vote, and it was the Green Party that conducted statewide election protection operations in 2008.

If the Republicans have their way, they will not only remove the minor parties from the ballot, but also the vehicle by which election protection activists observed and reported on Ohio’s presidential elections.

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Bob Fitrakis is Co-Chair of the Ohio Green Party and was the attorney who filed to secure the Green Party of Ohio’s ballot access in 2008. He was also an independent candidate for governor in Ohio endorsed by the Greens in 2006.

Podcast of
Bob Fitrakis on “Fight Back” this week:
Bob and guest Cliff Arnebeck
Discussing the new court filing revealing how the 2004 election was stolen and the apparatus is still in place
http://www.talktainmentradio.com/pages/9504490.php right column, look for 07/27 date
Based on
“New court filing reveals how the 2004 Ohio presidential election was hacked” article on freepress.org
https://freepress.org/departments/display/19/2011/4239

http://www.opednews.com/articles/Bob-Fitrakis-on-New-Eviden-by-Joan-Brunwasser-110728-924.html

Bob Fitrakis on “Fight Back” this week:
Bob and guest Cliff Arnebeck
Discussing the new court filing revealing how the 2004 election was stolen and the apparatus is still in place
Podcast posted here when available!
or see: http://www.talktainmentradio.com/pages/9504490.php right column, look for 07/27 date

Based on
“New court filing reveals how the 2004 Ohio presidential election was hacked” article on freepress.org
https://freepress.org/departments/display/19/2011/4239