LATEST NEWS


We Do Not Concede

by Bob Fitrakis & Harvey Wasserman
April 16, 2007

Ohio’s Bob “Ballots for Bush” Bennett, an essential player in putting George W. Bush back in the White House in 2004, is no long chair of the Cuyahoga County Board of Elections. His milestone resignation leaves a legacy of scandal, recrimination, massive voter purges, felony convictions and a pivotal role in a stolen presidential election.

Bennett has quit in a signature cloud of graceless accusations and cheap shots at Jennifer Brunner, Ohio’s newly elected Secretary of State, who asked him to resign along with the rest of the Cleveland election authority. His forced departure marks the biggest landmark yet in the unraveling theft of the presidential elections in Ohio 2004.

Bennett remains chair of the Ohio Republican Party. In 2004 he was apparently asked by White House consigliere Karl Rove to stay on at the Cuyahoga BOE to help guarantee Bush’s second term. Cleveland is Ohio’s biggest and most Democratic urban center. A massive sweep there by John Kerry was widely expected to have given him the White House. It was Bennett’s job to mute that margin, and apparently that’s exactly what he did.

Leading up to the 2004 vote, Bennett oversaw the quiet purge of some 168,000 registered voters from the Cuyahoga rolls, including 24.93% of the entire city of Cleveland, which voted 83% for Kerry. In one inner city majority African American ward, 51% of the voters were purged. Centered on precincts that voted more than 80% for John Kerry, this purge may well have meant a net loss to the Democrats of tens of thousands of votes in an election that was officially decided statewide by less than 119,000.

In a report issued December 7, 2004, the Greater Cleveland Voter Registration Coalition (GCVRC) reported that in addition to the purge of registered voters, some 3.5% of those applying for new registrations were never even entered on the rolls by Bennett’s BOE, or were entered incorrectly, which would result in disenfranchisement of those who had just tried to become new voters. Additionally, the GCVRC estimated that “over 10,000 voters in Cuyahoga County would be compromised because of these clerical errors.”

Bennett refused to respond to the report’s initial conclusions. When the study became public, BOE Executive Director Michael Vu accused the study coordinator of “inciting panic.” Vu did not respond to GCVRC’s request for the reinstatement of 303 voter registrations where there was direct evidence that they had been wrongly cancelled.

The GCVRC also documented that the Cuyahoga County BOE incorrectly classified 463 properly registered voters as not registered. This included 201 voters who were registered on BOE computers on August 17, but for some unexplained reason, were removed from the rolls by October 22. They then were forced to vote provisionally and their votes were rejected as not registered.

In Brunner’s formal complaint against Bennett she cited the fact that Bennett’s BOE did nothing when an estimated 10,000 voters were thrown off the voting roll by a Diebold voter registration computer glitch.

Also, Bennett’s BOE rejected 262 properly registered voters included on its own list as of October 22. They incorrectly listed 183 as not registered and 79 as no signatures. “The Board did not contest our data,” said the GCVRC, “but said again it was just a small percentage due to human error, and then proceeded to certify the entire Cuyahoga County vote even though they thereby knowingly possibly disenfranchised 463 individuals.”

Parallel purges were conducted by Republican-controlled boards of election in Hamilton County (Cincinnati) where some 105,000 voters were purged from the rolls, and in Lucas County (Toledo), where some 28,000 were purged in an unprecedented move in late August 2004. These remain the only three counties in the state known to have conducted massive registration purges prior to the 2004 election. The three mass urban purges decimated the rolls in heavily Democratic areas. Since then, another 170,000 voters have been purged from the rolls in Franklin County, primarily in the heavily Democratic Columbus precincts. Many rural Republican counties, like Miami, practice a “no-purge” policy.

From his post at the helm of both the Ohio GOP and the Cuyahoga BOE, Bennett was at the center of the purges. Many of the 300,000-plus purged voters reported that they never received notice that their voting rights had been cancelled. Should the general 80% pro-Democratic inner city margins have prevailed for all three purged lists, the net loss to the Kerry camp could have been in the range of 100,000 votes.

In addition to the purges, Bennett was also at the center of the election challenges to college students in Democratic enclaves.

Bennett is infamous for far more than massive voter purges. Under his supervision, a legally mandated recount of the 2004 presidential vote was illegally manipulated. Ohio law says precincts must be chosen at random for hand counting as part of the recount process. But two Cuyahoga BOE employees have been convicted of a felony and a misdemeanor each, and have each been sentenced to eighteen months in prison for what prosecutors have called “rigging” the recount.

Bennett was also instrumental in the purchase of some $20 million in Diebold voting machines for 2006 statewide elections. Election protection activists vehemently opposed the purchase, as seen in a nationally televised HBO special, “Hacking Democracy.” Under Bennett and Cuyahoga BOE Executive Director Michael Vu, the machines malfunctioned in Ohio’s 2006 primary, with vote count reporting delayed for five days.

Long-time election activist Adele Eisner characterizes Bennett’s reign at the Cuyahoga BOE as a “culture with fear.” Among other things, Bennett chose to disregard long-standing laws requiring that election results be posted at the precinct level, a decision backed by Ohio’s former Secretary of State J. Kenneth Blackwell.

In a recent audit of the general 2006 elections, Dr. Richard Hayes Phillips found that in the initial vote count, “Cuyahoga County alone accounted for 148,928 undervotes, or 42.47% of the statewide total.” The undervotes occurred in the race for U.S. Senate, where voters apparently opted to not vote for either incumbent Sen. Mike DeWine or Democrat Sherrod Brown, the eventual winner. The undervotes represented 26.48% of the county’s voters.

But, says Philips, “Once the official results were posted, Cuyahoga’s undervote total fell to 3.25%,” leaving him to wonder “how the unofficial results could have been so erroneous in the first place.”

Hayes also found that Cuyahoga County reported 30,791 uncounted absentee and provisional ballots. After these ballots were counted, they reported 39,262 votes, an outcome Phillips terms mathematically “impossible.”

Bennett and Vu were also responsible for more than $12,900,000 in BOE cost overruns, more than doubling the agency’s original budget of $11,000,000.

Vu resigned earlier this year, and has since been hired as an Assistant Registrar of Voters in San Diego County, the number two spot, with a $10,000 salary increase to $130,000 a year. The San Diego Union-Tribune noted that, “Vu’s resignation followed a tumultuous 3 1/2-year tenure as election chief, including a disastrous May 2006 primary when the county began using new electronic voting machines.”

In response to the chaos and recrimination, Brunner requested the resignations of the Cuyahoga board’s two Democrats and two Republicans. Only Bennett vowed to fight his removal.

But he has now become the highest election board official to resign here amidst the deepening scandals surrounding the 2004 election. He has joined the growing Republican chorus echoing Rove’s line that the Democrats are preparing to steal the 2008 election.

But Brunner has taken custody of the 2004 ballots and other vote count materials, which are currently protected by a federal court decision. She is expected to bring them from Ohio’s 88 county boards to a central repository in Columbus.

Meanwhile, new evidence is emerging that Karl Rove and the GOP had real-time computer access to both the actual vote numbers in Ohio as well as the exit polling data that would have allowed them to direct how many votes they needed from the suspect Ohio southwestern Republican counties that gave Bush his official margin of victory in the 2004 election. Stay tuned.

Bob Fitrakis & Harvey Wasserman’s books include HOW THE GOP STOLE AMERICA’S 2004 ELECTION and WHAT HAPPENED IN OHIO from the New Press (with Steve Rosenfeld). https://freepress.org/store.php

Original article at: https://freepress.org/departments/display/19/2007/2542

constitution_mth.jpgBy Bob Fitrakis

To paraphrase the late investigative reporter I.F. Stone: Everything we need to know is in the public record. The problem during the Voinovich and Taft years is the fact that public papers were treated like corporate trade secrets. The fact that touchscreen computer voting machines are programmed with private proprietary software is a reflection of the much bigger problem of authoritarianism in the U.S. government.

Benjamin Marrison’s commentary entitled “Dann’s fight for Ohioans to know” in the Sunday, April 8, 2007 Columbus Dispatch provides the proper analysis in distinguishing why corruption has flourished in Ohio.

Having spent nearly two and a half years trying to uncover what happened in the 2004 election, I was occasionally with arrest and usually denied access to public records. The dynamic duo of Secretary of State J. Kenneth Blackwell and Attorney General James Petro worked as follows: the first would urge his county board of elections (BOE) employees not to turn over records and the second would do nothing when the county prosecutors violated their oath of office and refused to hand over voting records.

Eventually, the threatened lawsuits, papers filed and records requests would slowly prevail, but it wasn’t really until the summer of 2006 that many of the ballots, pollbooks and purge lists requested were made available in limited numbers.

There is one exception. Steve Quillen, the Republican appointed director of the board of elections in Miami County remains the only BOE official who acted in good faith and practiced full transparency. Despite some voting irregularities in his county, Quillen’s actions were never called into questions because he did nothing to cover up those activities.

As for most of the state’s other BOEs, particularly those in rural southwest Ohio, Ohio’s new Attorney General Marc Dann needs to go after one of the public officials down there and put his or head on a pike – figuratively, I mean. That’s why the convictions of the BOE workers in Cuyahoga County are so important. It sends a message that law-breaking and election tampering, no matter what the excuse – I was tired and didn’t want to do a real recount as required by law – will end your career and land you in jail.

That’s why Dann’s recent actions in enforcing the sunshine law by pointing out that the Ohio Public Utilities Commissioners were illegally appointed is of great symbolic value. Equally important is Ohio Secretary of State Jennifer Brunner’s actions this week taking custody of all the public records from the controversial 2004 presidential election. Brunner’s commitment to the public records act coupled with Dann’s bold recent actions are first steps to re-establishing rule by the people in the Buckeye State.

by Bob Fitrakis & Harvey Wasserman
April 5, 2007

In a victory for election protection activists, Ohio’s powerful GOP Chair Bob Bennett will be forced to face a public hearing on his removal as Chair of the Cuyahoga (Cleveland) Board of Elections. And in a second triumph, Ohio Secretary of State Jennifer Brunner has agreed, as part of a legal settlement, to take possession of the ballots and other key documents from the disputed 2004 election that gave George W. Bush a second term in the White House.

Brunner has requested the resignations of the entire scandal-plagued Cuyahoga County Board of Elections, which Bennett has chaired. Two Democratic members and one Republican have complied with her request. The BOE’s executive director, Michael Vu, previously resigned amidst a cloud of scandal resulting from a mishandled primary election and more than $12 million in budgetary overruns. Two BOE workers have been given 18-month prison sentences for felony convictions stemming from what a government prosecutor called the “rigging” of an officially mandated recount for the 2004 presidential election.

Bennett has issued a legal challenge against his removal. But on Wednesday, April 4, Franklin County Common Pleas Judge John Connor ruled Bennett has to comply with Brunner’s call for a public hearing on the matter. The hearing is scheduled for Monday, April 9.

A long-time GOP power broker, Bennett is a close personal confidante of White House advisor Karl Rove. He has been Rove’s point man in Ohio’s most populous county, which includes the Democratic voter rich city of Cleveland. A wide array of irregularities there were pivotal in giving Bush his narrow margin of official victory in 2004.

Bennett asked the court to rule that the Ohio statute seeking his removal was unconstitutionally vague. But Judge Connor ruled that the law was “clear and unequivocal.”

This is Bennett’s third major setback in three days. On Monday, April 2, Brunner put the Cuyahoga BOE under state administrative oversight because it lacked a quorum to conduct business. With the resignations of the other three board members, Bennett stood alone as the sole board member.

On Tuesday, April 3, Brunner suspended Bennett, citing the fact that as BOE chair he had allegedly “instructed” former Executive Director Vu to award a contract to a consultant without Board approval.

“Bennett instructed Vu to award a second contract to David Hopcraft in the amount of $14,750 on or about February 26, 2007, for public relations services to be paid for by public dollars by the Board of Elections,” Brunner wrote in her suspension statement.

The statement adds that: “The Dayton Daily News on March 26, 2007 reported Mr. Hopcraft to be a ‘GOP spokesperson.’ According to Board policy, no contract for services may be awarded without Board approval if it exceeds $15,000. The extension of Hopcraft’s contract for just under $15,000, without Board approval, violates Board policy,” Brunner’s statement says.

Brunner’s order suspends all of Bennett’s powers. It orders Bennett not to attend any Cuyahoga County BOE meetings or to be present at the BOE offices. The suspension is indefinite, pending the results of the removal hearing and any subsequent legal appeals.

On March 21, Bennett lashed out following the convictions of two Cuyahoga County BOE workers charged with “rigging” the 2004 presidential recount. Bennett said, in part: “… the public deserves to know that the big shots, the lawyers and the special political interests are not going to grind up the people who are doing the public’s work at this Board.”

Steve Hertzberg of the nonprofit Election Science Institute, which conducted an investigation of major problems that marred the 2006 Cuyahoga County primary election, responded to Bennett’s attack by stating, “It is an insult to the intelligence of the Cuyahoga community that Mr. Bennett attempts to lay blame elsewhere while he attempts to maintain his lucrative position on the CCBOE. Not only should this man resign immediately, he should apologize for the myriad of mistakes and the damage he had done to the reputation of Ohio and its citizens.

“Shame on you, Mr. Bennett,” Hertzberg concluded.

In another decisive action, which may stand as a major landmark, Brunner has agreed to take responsibility for the preservation of the ballots from Ohio’s 2004 presidential election.

The ballots were subject to destruction in early September 2006, as the law protecting them was about to expire. However, a suit involving the King-LincolnBronzeville Neighborhood Association, among others, was filed in federal court. The suit alleges a wide range of civil rights violations against inner city and other Ohio voters in the conduct of the 2004 Ohio election. It also asked that then-Secretary of State J. Kenneth Blackwell be prevented from ordering the disposal of the ballots and other election materials, which he was poised to do.

The suit gained widespread national attention, including news stories and editorial comment in the New York Times. On September 11, 2006, Federal Judge Algernon Marbley issued an order preserving the ballots pending the outcome of what has become known as the King-Lincoln lawsuit.

Blackwell left the office of Secretary of State earlier this year, in the wake of his unsuccessful run as the GOP’s 2006 nominee for Governor of Ohio. By and large, the materials have been stored by Ohio’s 88 counties.

As the new Secretary of State, Brunner has now agreed to a joint motion as defendant in the King-Lincoln suit. The motion effectively transfers the custody of “…all ballots from the 2004 presidential election, on paper or in any other format, including electronic data,…” from the counties to Ohio Secretary of State’s office.

Ohio Attorney General Marc Dann’s office is representing Brunner.

In a Memorandum in Support of the Joint Motion, the parties state: “To lessen the burden on the respective boards of elections and to provide a central repository for records, the parties are jointly requesting that an order be entered in this matter requiring the 88 county boards of elections to transfer to the custody of the Secretary of State all ballots from the 2004 presidential election….”

Voting rights activists have urged the state to preserve all the records and open them to interested parties following the Florida 2000 election model, which created a centralized accessible repository following the controversial 2000 election in the Sunshine State.

Brunner is now widely expected to do the same for the documents that defined the disputed presidential election of 2004. Scrutinized over the coming years, they could finally reveal what really put George W. Bush back in the White House for a second term.

They may also illuminate Bob Bennett’s role in making that happen.

Original post at:

https://freepress.org/departments/display/19/2007/2525 


Bob Fitrakis is one of the attorneys representing the King Lincoln Bronzeville Association and Harvey Wasserman is one of the plaintiffs. They are co-authors of HOW THE GOP STOLE AMERICA’S 2004 ELECTION & IS RIGGING 2008 (www.freepress.org) and WHAT HAPPENED IN OHIO? from the New Press. Photo by Adele Eisner.

Blog Posts
Pages
Categories
Monthly

Archives by Month: