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Ohio Recount Rigging Case Goes to Court

The Akron Beacon Journal is reporting that the trial of the three election workers accused of rigging the 2004 presidential election recount in Cuyahoga County is finally underway. As you may recall, this was the case where poll workers 'randomly' selected the precincts to recount by first eliminating from consideration precincts where the number of ballots handed out on Election Day failed to match the number of ballots cast and, then opening the ballot boxes in private and pre-counting until they found cases which would match up. What is interesting here is that they have already admitted doing this and that it was clearly counter to the letter and the spirit of the law, but still insist it wasn't really 'wrong,' presumably since they only did it to avoid having to go to the bother of a full recount as required by law.

25 of 224 comments (clear)

  1. Away with them by forand · · Score: 4, Insightful

    I can only hope that their excuse of "it was too hard to keep our democracy" falls on deaf ears and they are punished for their actions. That said I don't even know how this could be considered a reasonable argument since they had to count the boxes twice if I understand thing correctly.

  2. Re:Hypocrisy by greenhollow · · Score: 4, Insightful

    More clearly:
    When the party in power in the state or county wins it is the will of the people.

    When the other party wins, it was stolen.

  3. Re:Hypocrisy by Teresita · · Score: 5, Informative

    The initial count showed her trailing Rossi by 261 votes Recount #1 diminished that lead to only 42 votes. Recount #2 gave her a 10-vote lead. Enter the courts, tossing in some ballots, tossing out others. The final results had Christine Gregoire ahead by 130 votes

  4. The Akron Beacon Journal is reporting... by Original+Replica · · Score: 4, Insightful

    ... and not CNN. I suppose if we had a respectable voter turn out, then big media might think we would find election fraud newsworthy. I guess the president just isn't as important as "American Idol".

    --
    We are all just people.
    1. Re:The Akron Beacon Journal is reporting... by nutrock69 · · Score: 5, Funny
      American Idol viewers can votes as many times as they want.
      Yeah, but people in cemetaries can't vote for an American Idol the same way they can for a President.
    2. Re:The Akron Beacon Journal is reporting... by Gregg+M · · Score: 5, Informative
      Did you RTFA? Prosecutors do not allege vote fraud or that the mishandling of the recount affected the outcome of the presidential election.

      That's why it's not a big deal. But it doesn't stop you or the editors from making a mountain out of a molehill.

      Did you RTFA? They said they didn't think it would change the out come of the election, because they weren't able to do a full recount. The recount they did was rigged. They said they were only following standard procedure. If that's not going to effect the outcome I don't know what is. The flawed recount still gave Kerry more votes. If this was done in every county in Ohio it could have swung the election.

      --
      Linux is only free if your time has no value. Windows is only free if you threaten to use Linux.
    3. Re:The Akron Beacon Journal is reporting... by whoever57 · · Score: 4, Insightful
      Prosecutors do not allege vote fraud or that the mishandling of the recount affected the outcome of the presidential election.

      That's why it's not a big deal. But it doesn't stop you or the editors from making a mountain out of a molehill.
      Just because prosecutors do not allege it does not remove the possibility that the election result would have been different if a proper recount had been held.

      They are prosecuting these people and probably feel that any allegations about changes to the election result would only confuse the issue. Furthermore, they probably don't have admissable evidence to support such an allegation.
      --
      The real "Libtards" are the Libertarians!
  5. Re:Hypocrisy by Qzukk · · Score: 5, Insightful

    LOL recounts.

    Republicans "asked county auditors statewide to reconsider ballots that were rejected on Election Day." Because apparently when Democrats can't punch out a hole right, they're stupid idiots, but when Republicans can't fill out a ballot, their voice deserves to be heard.

    If you're going to point fingers and call hypocrisy, stand on less shaky ground next time. It also helps when you're not trying to defend people that explicitly broke the law.

    --
    If I have been able to see further than others, it is because I bought a pair of binoculars.
  6. 2 Months is a Long Time by Quilted+Porcupine · · Score: 5, Interesting

    On when they would do a full hand-count, if needed: "Our plan was to regroup after Christmas and just work through it." That quote strikes me as awfully suspicious itself. If the election results were in dispute, waiting a couple months to actually start counting all the ballots by hand seems incredibly lax, at best.

  7. Uhhh by spiritraveller · · Score: 5, Funny

    What is interesting here is that they have already admitted doing this and that it was clearly counter to the letter and the spirit of the law, but still insist it wasn't really 'wrong,' presumably since they only did it to avoid having to go to the bother of a full recount as required by law.

    Laziness is a great excuse for election fraud.

  8. oblig by mastershake_phd · · Score: 4, Funny

    Trying is the first step towards failure.

    -- Homer Simpson

  9. Re:Hypocrisy by janeowit · · Score: 5, Insightful

    Less clearly:
    When the party you affiliate yourself with wins, it is the will of the people.

    When the other party wins, it was stolen.

    --
    Paper beats rock. Rock beats scissors. Science beats romance.
  10. Washington State by Beryllium+Sphere(tm) · · Score: 5, Informative

    Dino Rossi asked a judge to review the election. The (Republican) judge in (conservative) Chelan County heard the evidence and ruled that the (Republican) Secretary of State had followed the law. Rossi did not appeal, accusing the (fractured) state Supreme Court of bias.

    The biggest problem with that election was outrageous sloppiness in (Democratic) King County. It looks more like sloppiness than fraud, given that the problem is that they misplaced and didn't count thousands of ballots that were likely to have favored Gregoire. The Secretary of State excoriated them for that and other screwups. (They also tried to cover up a spectacular failure to keep a record of how many absentee ballots came in).

    For more about King County, see blackboxvoting.com.

  11. I, for one... by iamthefryguy · · Score: 4, Funny

    WELCOME our new human overlords...

  12. OK by Black+Parrot · · Score: 5, Interesting

    Does this mean we'll be seeing criminal charges against others who subvert the voting process, say by shipping machines with different software than they submitted for certification, or trying to obstruct voting on election day?

    --
    Sheesh, evil *and* a jerk. -- Jade
  13. Treason? by rhakka · · Score: 4, Interesting

    Am I the only person that thinks that willfully subverting the electoral process, on which every thing in our country's governance hinges, should be tried as NOTHING LESS than treason?

    I don't care if you're running for dog catcher... the democratic process should be defended with the most uncompromising principles possible, should it not?

    1. Re:Treason? by laird · · Score: 5, Insightful

      You make an interesting ethical point, but in a properly designed voting system the outcome of the election does not depend on the honesty or integrity of any of the participants. Specifically, the system should work even if EVERY participant in the process is a partisan that is highly motivated to steal the election, because the process should be designed to assume that and still ensure the integrity of the result. That's why, for example, there should always be multiple witnesses for every step of the process representing all interested parties, each of whom is highly motivated to keep the other participants from getting away with anything.

      Unfortunately, many states give quite a bit of power in determining how elections are run to a Secretary of State that is elected based on party affiliation, which undermines the system significantly. Combining that with the deployment of voting systems (DRE's) that are designed to be impossible to audit, it's hard to have faith in the integrity of the election process, because you have good reasons not to trust the people adminstering the process, and no way to verify the results independently.

  14. Re:Hypocrisy by udderly · · Score: 4, Insightful

    In reference to your assertion of cranial-rectal immersion, the Republicants (spelling error mine) happened to have the power, and thus the ability to be ruthless with it, which they undeniably did. As for the Democrats, it's difficult to abuse power that you don't have. But now that the Democrats have the power, they are already moving to abuse it.

    In other words, don't be a shill for a particular party. They both suck and neither cares about your rights.

  15. Re:Obsession with Ohio by fishbowl · · Score: 4, Interesting

    >I think there's too much of an obsession with Ohio

    Ohio was the state that the chairman of Diebold said would be delivered to the president.

    --
    -fb Everything not expressly forbidden is now mandatory.
  16. Counting twice, but fewer boxes by MarkusQ · · Score: 4, Informative
    That said I don't even know how this could be considered a reasonable argument since they had to count the boxes twice if I understand thing correctly.

    The law says they have to manually recount a randomly selected 3%, and if that comes out close enough they can do the rest of the recount by running it through the machine again. Otherwise they would have had to manually recount them all.

    So they did a quick search for precincts that might match (e.g., skip the ones where the total number of votes was way off or that otherwise looked fishy), counted some of them until the had 3% that would pass muster, and that became their "random sample" for the public recount.

    What is amazing is that they (&, IIRC, the voting machine tech that helped them) admitted this to the people doing the recount.

    --MarkusQ

  17. Re:Hypocrisy by jonadab · · Score: 5, Insightful

    > When the party in power in the state or county wins it is the
    > will of the people.

    I don't think there's any question about the outcome in this case. From TFA:

    # Candidates for president from the Green and Libertarian parties requested
    # the Ohio recount. State laws and regulations specify how a recount works.

    In other words, the Democrats, who lost by a narrow margin, did not request the recount. If there'd been any real question about the outcome, they would have done so. So that's not what's at stake.

    What *is* at stake is that we CANNOT have election officials violating election laws and getting away with it. They acted to avoid a painful and expensive recount process that would not change anything, but they did not have the authority to do that, and we cannot let them off with a stern lecture and a slap on the wrist, because if we do, it'll happen again, and again, and again, and at some point it'll happen when it matters. I hope the courts rake them over the coals but *good*. Make an example out of them: we will not tolerate election law violations.

    The 2004 election isn't what's at stake here. The 2008 and 2012 and 2016 elections, and every one that follows, are what's at stake.

    --
    Cut that out, or I will ship you to Norilsk in a box.
  18. Sure, no big deal by MarkusQ · · Score: 4, Insightful

    Did you RTFA?

    Prosecutors do not allege vote fraud or that the mishandling of the recount affected the outcome of the presidential election.

    That's why it's not a big deal. But it doesn't stop you or the editors from making a mountain out of a molehill.

    Sure, sure, just like it's no big deal if somebody opens fire in a shopping mall, so long as they don't hit anybody. Or like the way it's OK to swipe people's credit cards, as long as you don't buy anything with them.

    --MarkusQ

  19. Re:Obsession with Ohio by skymt · · Score: 5, Informative

    I was skeptical, so I did a web search. This Boing Boing post has links to coverage from CNN and CBS. I guess he really said it.

    Here's the exact quote (from Wally O'Dell, Diebold CEO and former Republican fundraiser):

    I am committed to helping Ohio deliver its electoral votes to the president.
  20. Re:Hypocrisy by wpegden · · Score: 5, Interesting
    In other words, the Democrats, who lost by a narrow margin, did not request the recount. If there'd been any real question about the outcome, they would have done so. So that's not what's at stake.
    I'm not sure about this. In this particular case, you may well be right that there was no real question about the outcome---however, I don't think that necessarily follows from the fact that Democrats didn't challenge the votes. Sure, I agree that in cases where the vote counts are very close, the losing major party will often challenge the vote, hoping that a few incidental errors will be corrected in their favor. On the other hand, I think a losing major party will rarely, if ever, launch a concerted challenge over a bigger issue in voting: for example, challenging the idea evoting (as it is now) or broader voting procedures, even if they potentially stand to gain from doing so in that particular election. Both big parties stand to benefit from the "brave new world" of e-voting and Diebold, etc., and I think they realize that. Neither is willing to launch any sort of crusade to destroy it. Only the political outsiders (greens, libs, socialists, whoever) are in the position where the voting establishment will never work for their benefit, and so they are the only ones who really want to challenge it.
  21. Hypocrisy by Mark_MF-WN · · Score: 4, Insightful
    Congratulations -- you get the "illiterate dumbass who didn't read the fucking article" award for the day.

    There was a recount in this case because STATE LAW DICTATED THAT IT BE SO. Are you seriously suggsting that Ohio does not have the right to perform recounts, just because it offends your political sensibilities? Ohio should tolerate election fraud just because other states may have abused the recount process? No offense (just kidding, offense is totally intended), but fuck you. Fuck you right in the ear. Recounts are awesome. I'll take a hundred recounts, if the alternative is the selection of the head of state by a council of presidential appointees. If it requires a hundred recounts and total openness about the results of every single ballot, well then good. It's about time.

    These traitors have already admitted that they broke the law, and rigged the recount. It doesn't matter who won -- they rigged the recount and broke the law. The interfered with the democratic process. They need to hang. It's as simple as that.

    I know you're bitter that America is turning against the politics of cowardice, torture, paranoid delusions, and perpetual warfare -- but that's just progress, and you've got to learn to accept with it. The world described in 1984 was supposed to be a dire warning of things to come, not a proposal for the utopian society.