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More Potential 2004 Election Illegalities Rock Ohio’s Hocking County As Cleveland Braces For A Legal Firestorm

by Bob Fitrakis & Harvey Wasserman
March 30, 2007

constitution_mth.jpgAs the third of four members of the Cuyahoga (Cleveland) County Board of Elections resigns under pressure from Ohio’s new Secretary of State, additional potential illegalities in Hocking County have resurfaced with new weight against a GOP executive director already under serious fire.

The four members of the Cuyahoga BOE have been asked to resign by Secretary of State Jennifer Brunner, a Democrat elected in November, 2006. Brunner has issued a stinging five-point complaint, much of which derives from the report done by U.S. Congressman John Conyers in the wake of the 2004 presidential election, and on reporting done at https://freepress.org/ and research by grassroots election protection activists.

The two Democratic members of the board have already resigned. On March 27, Sally D. Florkiewicz, a Republican , became the third to depart the board. Her departure leaves just Robert Bennett, the BOE chair, clinging to his position. Bennett also chairs the Ohio Republican Party, and has long been one of the state’s most powerful politicians, with close ties to the White House. Many believe Bennett was the key point person, along with then-Secretary of State J. Kenneth Blackwell, in the theft of Ohio’s 2004 presidential election. Karl Rove is widely believed to have personally persuaded Bennett to stay on at the Cleveland-area BOE through the election.

Bennett’s position mirrors that of Tom Noe, former chair of the Lucas County (Toledo) BOE, once known as northern Ohio’s “Mr. Republican.” Like Bennett, Noe had close personal ties to George W. Bush and Ohio Governor Robert Taft. Taft, who left office earlier this year after his public approval ratings sank as low as 7%, pleaded no contest to four misdemeanors involving favors taken from Noe. Noe has since been convicted of a wide range of crimes ranging from illegal campaign contributions to the mishandling of state funds. He is now in prison.

Florkiewicz’s resignation letter charges that “the Secretary of State has decided to use the Cuyahoga County Board of Elections to advance a partisan agenda.” Bennett is saying much the same as he refuses to resign. But he now, on behalf of the board he has chaired, faces a wide range of charges involving, among other things, the mishandling of public funds that resulted in taxpayer expenditures of at least an additional $12,900,000 above original budget.

For Bennett to resign would widely be viewed as admission of guilt. But a firestorm of controversy is certain to erupt should Bennett attempt to stand up to Brunner’s complaint.

The public hearing she has demanded is currently scheduled to begin April 2. However, Bennett’s taxpayer-funded special counsel, Stan Chesley, has filed a motion in court to stop it. Pending the court’s review, Brunner’s counsel John Ferron agreed to delay the hearing for a week, according to Cliff Arnebeck who is closely monitoring the case and spoke with Ferron Thursday afternoon. “With all of these fireworks it will become more and more difficult for some of the Ohio editorial boards to maintain their position that the 2004 election was not stolen,” said Arnebeck.

Meanwhile, another GOP county election official is also under intensifying fire. Lisa Schwartze, executive director of the Hocking County BOE, has been charged with allowing an unmonitored manipulation of electronic memory drives before the 2004 recount could be completed. A memo purportedly written by Schwartze also directs poll workers to recount a precinct chosen deliberately by Schwartze, rather than at random, as the law demands. Two Cuyahoga County poll workers have been convicted of felonies for similar behavior, and have each been sentenced to 18 months in prison.

Schwartze’s offenses, however, may not stop there. According to sworn affidavits from Sherole Eaton, former Hocking County DOE assistant director, Schwartze publicly bragged of having held Republican Party fundraisers in her executive director’s office, a clear illegality. Schwartze may also have organized the fundraisers while being paid by the county to do her allegedly non-partisan job as executive director.

Schwartze may also have supervised the shredding of voter registration rolls leading up to the 2004 election. Eaton’s under-oath testimony strongly indicates this destruction of vital public records may also have been illegal.

Like Bennett, Schwartze has long been a high-profile associate of Blackwell’s, and apparently played a key role in delivering Ohio’s electoral votes to George W. Bush in 2004. Whether she did so illegally remains to be seen.

But the fire Jennifer Brunner has set in Cleveland now seems very likely to spread to the rest of Ohio’s 88 counties. Hocking’s Schwartze is almost certain to join Bob Bennett among those feeling the heat.

—
Bob Fitrakis & Harvey Wasserman are co-authors of three books on Ohio’s recent elections which are avaliable, along with their reportage, at www.freepress.org.

Original Post at:

https://freepress.org/departments/display/19/2007/2521

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Explosive New Vote Fraud Developments Continue To Rock Ohio And Florida

by Bob Fitrakis & Harvey Wasserman
March 23, 2007

Breaking news in vote fraud cases in both Ohio and Florida are feeding a firestorm of controversy that is likely to continue escalating, with major implications for the 2008 election and the future of e-voting machines.

In Ohio, Jennifer Brunner, the newly elected Secretary of State, has received two of the four resignations she requested from the Cuyahoga County Board of Elections (BOE). The two Democrats on the Board, Edward Coaxum, Jr. and Loree Soggs, have complied with her call for their departures from Cleveland’s scandal-ridden election authority.

However, Robert Bennett, who chairs both the Cuyahoga BOE and the Ohio Republican Party, has thus far refused Brunner’s request. So has Sally Florkiewicz, Bennett’s fellow Republican on the BOE. Should they continue with their refusal to resign, Brunner has threatened to hold public hearings, in the wake of which she could force the resignations.

Meanwhile, the Associated Press reports that a criminal investigation is underway which centers on the Cuyahoga BOE’s conduct of the November 2006 election. Cuyahoga County Prosecutor Bill Mason has turned again to Erie County Prosecutor Kevin Baxter who recently won felony convictions of two BOE workers for rigging the 2004 presidential recount for another criminal investigation. Baxter will be investigating “possible criminal wrongdoings” related to ballot security and the scanning of absentee ballots.

A Cleveland State University Center for Election Integrity study has exposed various election irregularities in Cuyahoga County in the 2006 election. Among the most egregious were the BOE’s failure to secure the dual keys (one for the Dems and one for the Republicans) required for the vote counting rooms; that they allowed shared computer passwords; and that they allowed an unexplained cable connection to the county’s vote counting computer.

The Free Press also has viewed a video shot by Jeff Kirkby showing Cuyahoga County election workers downloading the county’s election data onto portable laptops that were allegedly allowed to go home with BOE employees. These practices raise serious concerns over election data security.

Massive computer failures during the May 2006 primary led in February 2007 to the resignation of Michael Vu, who was the executive director of the Cuyahoga BOE at the time. Both Bennett and Vu pushed for the $20 million purchase of Diebold voting machines over strenuous objections from election protection activists, whose concerns were cablecast in the HBO documentary “Hacking Democracy” shown nationwide just prior to the November 2006 election.

On March 21, the Dayton Daily News reported that “After two days of tests, the results are in: About 2,500 people cast ballots in November on 56 malfunctioning electronic touch-screen voting machines in Montgomery County, said Steve Harsman, county board of elections director.”

The Free Press has previously reported that there were nearly 30,000 undervotes in Montgomery County during the 2006 gubernatorial race, meaning an abnormally high 13.67% of all voters reportedly recorded no vote for the state’s highest office. (See chart posted with this article at the Freepress.org web site courtesy of Pete Johnson and CASE-Ohio) Similar undervote problems exist in Adams, Darke, Highland, Mercer and Perry counties.

Meanwhile, Jonathon Simon has informed the Free Press that the Election Defense Alliance (EDA) is analyzing data from Adams County as part of a project to compare exit polls to actual votes. In the 2004 election, the exit polls showed John Kerry winning, while the actual machine and computer tabulated results gave the state to Bush by 118,000 votes.

Meanwhile, in Florida, internal memos from the ES&S voting machine company indicate an e-voting machine created an undervote problem, according to Wired News. In Sarasota County, 18,000 ballots recorded no votes in a hotly contested congressional race.

“But the memo, which the company sent to Florida election officials before the state’s September primary, revealed that the iVotronic machines had a flaw that sometimes caused machines to respond slowly to a voter’s touch ‘beyond the normal time a voter would expect to have their selection highlighted.’ The memo stated that a software upgrade was required but couldn’t be certified before the September election. In its absence, ES&S sent election officials a warning sign to post at polls advising voters that they might need to press the screen for several seconds before their votes would register,” wrote Wired News.

Reginald Mitchell, lawyer for People for the American Way, told Wired News that “this memo is the smoking gun….”

The six counties under investigation in Ohio all used Diebold machines suggesting that both major suppliers of e-voting machines have similar flaws that create undervotes.

These waves of breaking news about serious problems in the conduct of the 2004 and 2006 elections, and in the performance of electronic voting machines in the two states that have decided the last two presidential elections, make it a virtual certainty that we have barely begun to see the full extent of what has really been done to the American democratic system.

—
Bob Fitrakis & Harvey Wasserman are co-authors of three books on the presidential election of 2004, and continue to cover breaking election protection issues at www.freepress.org.

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Forced Resignations And Stiff Prison Sentences Intensify The Escalating Blowback From Ohio’s 2004 Stolen Election

by Bob Fitrakis & Harvey Wasserman
March 20, 2007

In a bold move “to restore trust to elections in Ohio,” Ohio’s newly-elected Secretary of State, Jennifer Brunner, has requested the resignation of all four members of the Cuyahoga County Board of Elections. The two Democrats and two Republicans were formally asked to resign by the close of business on March 21. Cuyahoga County includes the heavily Democratic city of Cleveland. Brunner is a Democrat who was elected to be Ohio’s Secretary of State in November, 2006.

Felony convictions have also resulted in 18-month prison sentences for two employees of the Cuyahoga BOE as a result of what the county prosecutor in the case calls the “rigging” of the outcome in the recount following the 2004 presidential election. Further problems surfaced in the conduct of Cuyahoga County’s May, 2006 primary, in the wake of which Michel Vu, Executive Director of the county’s Board of Elections recently resigned.

In tandem, the shake-up in Ohio’s biggest county reflects a widening storm surrounding the outcome of the 2004 presidential election and the conduct of elections overall in the nation’s most pivotal state.

Among those Brunner has asked to resign is Cuyahoga County BOE Chair Robert Bennett, who chairs Ohio’s Republican Party. Voting rights attorney Cliff Arnebeck and others have long charged that Bennett worked closely with White House advisor Karl Rove and Ohio’s then-Secretary of State J. Kenneth Blackwell to secure Bush’s 2004 victory in Ohio.

Bennett responded to Brunner by saying that he will refuse to resign. He has placed the blame for the May 2006 primary problems on private voting machine vendors, including Diebold. Bennett claims the rigging of the 2004 presidential recount was caused by the Cuyahoga County Prosecutor’s office, according to the Columbus Dispatch.

If Bennett and other Board members refuse to resign by Wednesday, Brunner says they “will face a complaint and public hearing to be conducted in Cleveland…”

In the 2004 presidential election, Cuyahoga County suffered serious election irregularities that worked to the disadvantage of Democratic presidential candidate John Kerry. Among them: the purging of 24.93% of all the voters in the city of Cleveland, where Kerry won 83% of the vote; mysterious and suspect vote totals for third party candidates in majority African American wards; unexplained “security” problems that caused the last-minute shift of voting locations in the inner city Cleveland Public School polling places; improbably low apparent turnouts in heavily Democratic inner city wards, and more.

Brunner’s request for the resignations comes a week after two Cuyahoga County election workers were each sentenced to 18 months in prison for rigging the recount of the 2004 election in Ohio’s biggest county. These are the first prison terms issued in the escalating scandal over the vote count that gave George W. Bush a second stay in the White House. The two women are out on bail pending appeal. But the substantial jail time demanded by Cuyahoga County Common Pleas Judge Peter Corrigan indicates there may be more trials and convictions yet to come, especially in light of new evidence unearthed by the Free Press in other counties around the state.

Jacqueline Maiden and Kathleen Dreamer were each convicted of a felony count of negligent misconduct by an election board employee. Maiden, 60, was the Cuyahoga Board of Elections’ third-highest ranking employee.

Dreamer, 40, was ballot manager. Maiden and Dreamer were also convicted of a separate misdemeanor. A third defendant in the case was acquitted of all charges.

The Free Press has unearthed evidence indicating possible criminal misconduct by a wide range of election officials throughout the state, including Blackwell. Under the law, election boards are required to do recounts by choosing 3% of a county’s voters at random for sampling. But throughout the state, apparently with the explicit knowledge and approval of Blackwell, precincts were hand-counted for recounting, a criminal act. This non-random sampling in essence voided the recount, for which backers of the Green and Libertarian Parties paid more than $100,000.

According to the prosecution in the case against Maiden and Dreamer, this method of action led to the recount being illegally “rigged.” When investigators working with the Free Press attempted to audit the Cuyahoga County ballots from the 2004 election last summer, BOE officials were unable to find the ballots for four full days. The investigation team, led by Richard Hayes Phillips, had to find the ballots on their own. Under Ohio law, the ballots were to be locked in a known location, and secured by two keys, one controlled by each major party.

Brunner says she acted in part because she is concerned that many of the problems from 2004 and 2006 might resurface in the upcoming 2008 election. “With maximum 18-month prison sentences being handed down to two Cuyahoga County election workers last week, for their role in the 2004 presidential recount, the tremendous problems that surfaced in the May 2006 primary that delayed even the unofficial vote count for five days, and the uncertain future of this board as another Presidential election looms on the near horizon, it is incumbent on me as Secretary of State to provide the direction needed to get this troubled board on track,” she says. “The voters of Cuyahoga county deserve it, the citizens of Ohio expect it and the rest of the nation will be watching.”

In the 2006 primary, Cuyahoga County used the controversial Diebold touchscreen voting machines. These machines suffered a well-publicized meltdown, in which many malfunctioned. A report from the Election Science Institute (ESI) documented significant differences between votes actually cast on the machines as opposed to those officially counted.

Immediately following the election, 562,498 votes were reported cast in Cuyahoga County, with 30,791 listed as absentee or provisional ballots. But the official results show just 468,056 counted. This means that 94,442 ballots cast in the unofficial total disappeared in the official tallies, representing a shocking 16.8% of all the votes cast in Cuyahoga.

Michael Vu, who was the Cuyahoga BOE executive director, came under intense criticism for the bitter controversies surrounding both the 2004 and 2006 elections. Last month, he resigned “to pursue future career growth,” according to a Cuyahoga County Board of Elections release.

In an interesting and perhaps telling statement coming from a Republican who was commenting on an appointee supported by the Democratic Party, Bennett said “Michael Vu has worked hard and accomplished a great deal on behalf of Cuyahoga County votes and will, I am sure, continue to have success in his career of public service.

“Michael oversaw a difficult transition period at the Board including the implementation of a new electronic voting system county-wide in the May (2006) primary followed by a near flawless general election,” Bennett concluded.

Brunner’s action underscores a growing sentiment that the unraveling of what happened during and after the 2004 election has only just begun.

The Free Press has learned that Brunner’s office is also investigating an unexplained undercount in the 2006 general election in six Ohio counties which all used the Diebold TSX DRE voting machines. In Montgomery County, where the Democratic gubernatorial candidate Ted Strickland beat Blackwell, the Republican nominee, by 107,593 to 76,189, there was an abnormally high 13.76% of the machines registering no vote for the state’s highest office. Problems are also under investigation in Adams, Darke, Highland, Mercer and Perry Counties.

With stiff prison terms, forced resignations and widespread investigations underway, there is a well-founded sense in Ohio that much more is yet to surface about the disputed presidential election of 2004 and what has come after it.

—
Bob Fitrakis and Harvey Wasserman are authors, with Steve Rosenfeld, of WHAT HAPPENED IN OHIO? (New Press) and of HOW THE GOP STOLE AMERICA’S 2004 ELECTION & IS RIGGING 2008, available via www.freepress.org.

ORIGINAL ARTICLE:

https://freepress.org/departments/display/19/2007/2503

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