One might think, given all the election shenanigans that took place in Ohio last year and the political corruption scandals currently rocking the state, that the mainstream media would be all over a new bill that has already passed the Ohio House of Representatives and is likely to shortly pass the Republican-dominated Ohio Senate. Yet a search at Google News turns up a only single news article on HB3, that in today’s Columbus Free Press: “With new legislation, Ohio Republicans plan holiday burial for American Democracy.”
The draconian bill, HB3, would literally institutionalize election fraud, even imposing criminal penalties upon any one who tried to prevent it or investigate it.
More beneath the fold.
The scope of the HB3 legislation is staggering in its brazenness. It is hard to believe that any one reading its provisions could not come away without arriving at the realization that this bill is intended to institutionalize the theft of Ohio elections. The Columbus Free Press does an admirable job of detailing just how blatant this bill is, so I will simply offer highlights of that article. Go here to read the entire article:
With new legislation, Ohio Republicans plan holiday burial for American Democracy
by Bob Fitrakis & Harvey Wasserman
December 6, 2005
…HB3… opens voter registration activists to partisan prosecution, exempts electronic voting machines from public scrutiny, quintuples the cost of citizen-requested statewide recounts and makes it illegal to challenge a presidential vote count or, indeed, any federal election result in Ohio. When added to the recently passed HB1, which allows campaign financing to be dominated by the wealthy and by corporations, and along with a Rovian wish list of GOP attacks on the ballot box, democracy in Ohio could be all but over.
The proposed Ohio law will demand a valid photo ID or a utility bill, a bank statement, a paycheck or a government document with a current address. Thousands of Ohio citizens who are elderly, homeless, unemployed or who do not drive will be effectively disenfranchised. Many citizens, for example, rent apartments where the utilities are paid by landlords. In such cases, the number of people living in utilities-included apartment rentals could actually determine an election.
During the 2004 presidential election, Ohio’s Republican Secretary of State, J. Kenneth Blackwell, also issued statewide threats against ex-felons and people whose names resembled those of ex-felons. Thousands of such threats were delivered to registered voters who were never convicted of anything, or who were eligible to vote after being released from prison. In 2004 a “Mighty Texas Strike Force” came to Columbus with a specific mandate to threaten ex-felons with arrest if they dared to vote.
It is legal for ex-felons in Ohio to vote, even if they are in half-way houses or on parole. But HB3’s identification requirement, combined with the confusion Blackwell has introduced into the process, will intimidate such Ohioans from voting in 2006 and beyond.
HB3 will also reduce voter rolls by ordering county boards of elections to send cards to registered voters every two years. If a card comes back as undelivered, the voter must rely on a provisional ballot. But tens of thousands of provisional ballots were arbitrarily discarded in 2004, and some 16,000 are known to remain uncounted to this day.
HB3 also imposes severe restrictions on voter registration drives. It allows the state attorney-general and local prosecutors wide powers to prosecute vaguely defined charges of fraud against those working to sign up voters. The restrictions are clearly meant to chill the kind of Democratic registration drives that brought hundreds of thousands of new voters to the polls in 2004 (even though many were turned away in Democratic wards due to a lack of voting machines).
Those electronic machines will also be exempted from recounts by random sampling, even in close, disputed elections like those of 2000 and 2004.
In 2004, scores of Ohio voters reported, under oath, that they had pressed John Kerry’s name on touchscreen machines, only to see George W. Bush’s name light up. A board of elections technician in Mahoning County (Youngstown) has admitted that at least 18 machines there suffered such problems. Sworn testimony in Columbus indicates that votes for Kerry faded off the screen on touchscreen machines there. Other charges of mis-programming, re-programming, recalibrating, mishandling and manipulation of electronic voting software, hardware and memory cards have since arisen throughout Ohio 2004.
For the 2005 election, some 41 additional Ohio counties (of 88) were switched to Diebold touchscreen machines…
…HB3 will make it virtually impossible for any challenge to be mounted involving any votes cast or counted on electronic machines or tabulators—meaning virtually every vote cast in Ohio.
Indeed, HB3 will raise the cost of mounting a recount from $10 per precinct to $50 per precinct… HB3 would make funding an attempt at another recount in 2006 or 2008 cost more than $500,000.
Such an effort might also result in official retaliation. In 2004, Blackwell and Ohio Attorney-General Jim Petro—both of whom are now Republican candidates for governor—tried to impose stiff financial sanctions against attorneys who filed a legal challenge to the seating of the Ohio electors who gave George W. Bush the presidency. The Ohio Supreme Court disallowed the sanctions after the challenge was withdrawn. But HB3 would make such a federal election challenge illegal altogether.
With the electoral process in Ohio all but disemboweled, those hoping for a change of party in upcoming state and national elections are probably kidding themselves.
The 2004 election in the Buckeye state was riddled with deception, fraud, intimidation, manipulation and outright theft, all of which were essential to the triumph of George W. Bush. In 2005, four electoral reform ballot initiatives were allegedly defeated despite huge poll margins showing the almost certain passage of two of them. The most credible explanation for their defeat lies in electronic manipulation of voting machines, tabulators and memory cards which the GAO confirms have no credible security safeguards.
With campaign finance, voter registration, electronic voting, public recounts, district gerrymandering and overall electoral administration now firmly in the pocket of the GOP, and with Democratic opposition that is virtually non-existent on the issue of vote fraud and election manipulation, there is little reason to believe the Republican grip on Ohio will be loosened at any point in the near future.
In traditional terms, the scandal-ridden Ohio GOP would appear to be more vulnerable than ever. Governor Robert Taft has become the only Ohio governor to be convicted of a crime while in office. With an astonishing 7% approval rating, he has been compared to Homer Simpson by the state’s leading Republican newspaper. Republican US Senator Mike DeWine appears highly vulnerable. The GOP has never won the White House without winning the Buckeye State.
But HB3 will solidify the GOP’s iron grip on the electronic voting process and all that surrounds it. Unless they break that grip, Democrats who believe they can carry any part of Ohio in 2006 or 2008 are kidding themselves…
Perhaps I am naive, but if the GOP can pass legislation like this in Ohio with nary a peep from the mainstream media, what is to prevent them from doing it in every state where they control the legislatures? We are fast becoming a banana republic, and the media and the Democrats are complicit by their silence.
Have you seen the article about Diebold pulling out of North Carolina? A judge ruled that Diebold could not be exempt from having to place their software code in escrow for inspection. Diebold chose to pull their machines instead.
The election malfunctions in Ohio are going to come out in trials in the next few years. I think this is a last grasp by those in power.
The Democrats, Republicans and MSM are all on the same side…not our’s.
That’s a bad sign of the times you found going on in Ohio.
There is a postscript to your story that you apparently do not know about. Diebold did not pull out of North Carolina, but merely threatened to. It turns out they did not have to because North Carolina ended up certifying them anyway, despite their refusal to placve their codes in an escrow file.
Really, despite the coverage (minimal though it was) about it, they still got certfied in NC? How? Tons of $$/political favors changing hands?
Here is the story
Diebold among winning bidders for N.C. voting equipment sales
GARY D. ROBERTSON Associated Press
Posted on Thu, Dec. 01, 2005
RALEIGH, N.C. – The State Board of Elections approved three companies Thursday to sell voting machines to all 100 counties in time for next year’s elections, including a firm that complained earlier it couldn’t comply with all the rules for computer software.
Diebold Election Systems, Election Systems & Software and Sequoia Voting Systems all met minimum technical and administrative standards to sell in North Carolina, as determined by a panel of computer and election experts.
The standards were developed under a state law approved this year after more than 4,400 electronic ballots were lost in Carteret County during the November 2004 election. The lost votes threw at least one close statewide race into uncertainty for more than two months.
…all three will be allowed to sell both optical ballot scanning and electronic recording machines to county election boards, which administer elections in North Carolina.
…Diebold argued in court earlier this week it couldn’t meet North Carolina’s requirements to provide computer source code for its equipment for technical election experts to review in case of a mishap. A judge threw out Diebold’s request to be shielded from criminal prosecution if it refuses to disclose software that is owned by Microsoft Corp. or other third parties.
The new state law requires the software code be stored so it can be examined quickly during an emergency.
Keith Long, who is advising the elections board with the voting equipment changes, said after talking this week with the three winning bidders that “none of them have the source code for all of their software they use.”
…Diebold Election, based in Allen, Texas, threatened to pull out of the bidding because of its courtroom defeat this week. It decided to stay involved but still has questions, spokesman Brian Bear said. The company now provides voting machines to about 20 North Carolina counties.
Diebold’s critics argued Thursday that the company’s track record in other states should disqualify it from selling in North Carolina. Diebold machines were blamed for voting disruptions in a California primary election last year. And that state has refused to certify some machines because of their malfunction rate.
“You are really asking for trouble,” said Joyce McCloy of Winston-Salem with the North Carolina Coalition for Verified Voting. “It’s going to destroy the confidence of the citizens of the state.”
…
http://www.charlotte.com/mld/observer/news/local/13304893.htm
Republicans don’t focus on this issue at all.
meanwhile
24% approval rating for R congresscritters in recent polls.
Democrats don’t focus on this at all.
meanwhile
26% approval rating for D congresscritters in recent polls.
With approval numbers like that why would both parties be happy with polls that can be easily fixed?
With approval numbers like that which parties are the most likely to benefit, and which parties will never benefit in a system like this?
Just some tin-foil nuttiness to chew on. 3rd party candidates go from a slim chance to absolutely ZERO chance with these kinds of election laws.
(And I really do say this in as tinny and foily way as I can)
Thanks. I hadn’t seen that development. It could turn out that the election board is in violation of the law by certifying the participation. The issue was decided in court, I assume, and it wasn’t to Diebold’s satisfaction. The other two companies have flaws in their systems that are exploitable too. It seems none of the companies are forced to comply with the law, yet.
Thanks, jpol — you rock!
I think it was the election board that ignored state law and approved the systems for sale. I don’t think this certifies them for use in the elections, legally. It could be that the state is buying equipment that later can’t be used.
This article comes right out and says there was “Fraud” in Ohio ’04. Wow. This is disgusting. This is sounding a bit unconstitutional to me.
Agreed, but how will Bush appointed judges see it? I have a feeling this legislation would not trouble Anthony Alito.
how right you are…It sounds like Alito is the author. I want to know WTF the people of OHIO Thinking? For some reason I have a feeling what is going on has been in the works for a long while. I am sure there are many other things like this going on in other States that we don’t know about or haven’t surfaced yet. I will be interested to see if Florida ever comes into play again. There Supremes are quite liberal..I have fond memories of them during Bush V Gore ’00. But then the SCOTUS shit all over Florida’s states rights. I am wondering if we will ever see anything like that again in our life time?
While too many on the left are obsessing over whether Hillary will be the Dam presidential nominee in 08, the R’s in the statehouses are dismantling our democracy (or what shreds are left of it). State politics isn’t as exciting to rant about as the national elections, but what’s happening at the state level may make who Dem’s nominate for anything moot.
Who are your state reps? What’s their position/voting record on voting rights issues? Who is running for their seats in 06?
or Freudian slip? (Dem/Dam). 🙂
Of course there was fraud in Ohio. The documented “irregularities” during the recount qualified as fraud. In fact, most of the documented “irregularities” would’ve counted as fraud by themselves, even if they were the only thing that went wrong. Never mind all the reports of actual tampering during the election. Or the thousands of voters turned away at the polls, or the thousands of provisional ballots left uncounted.
But hey, that’s all in the past! Focus on 2006! Or 2008! No point in bringing up vote manipulation! Don’t call the President’s legitimacy into question! The Big K won’t stand for it!
After all, if you did, the Republicans might be put at a disadvantage.
Where does it say there was fraud? I can find where it says “more than 4,400 electronic ballots were lost in Carteret County during the November 2004 election. The lost votes threw at least one close statewide race into uncertainty for more than two months”. That’s less than saying fraud, because it doesn’t say they were ‘lost’ deliberately.
Mind you, I’m willing to believe that there was fraud with the voting machines last year, but I would like to see evidence.
Apologies, Chamonix, I thought your comment related to jpol’s quoted Charlotte Observer story. I see now that your comment was in fact on the diary where the Columbus Free Press article does indeed mention fraud. My mistake: I will look twice before leaping next time!
no prob…glad you found it. The reporters on the ground there know a lot more than anyone else. They are and have been living with the corruption. Disgusting.
While I agree this is over the top, the amount of disenfranchisment this will result in deprend on what they mean by “government document” and “current address” — many folks, in apartments, who don’t drive and are unemployed and/or on medicaid/TANF/SSI/diability, etc., etc. will have government documents with their current address on them.
Not to dimish the hideousness of the entire bill — I’m just wondering about what definitions (if any) are given.
none of the machines can be challanged and/or inspected and the ability to demand a recount is killed.
This is freakin’ scary — when is the vote on this bill?
“probably before the holiday recess” according to the Columbus Free Press.
This Ohio article needs to come to the attention of every Democratic member of Congress, every presidential hopeful, every southpaw organization, and every organization involved in protecting constitutional rights and law.
This is a challenge to everyone reading to get this started.
It’s especially appropriate that it should start here at Booman Tribune. Here it’s well understood that no election politics matters without the integrity of the vote, without every eligible voter able to cast a vote, and without every vote counted.
This Ohio law is unconstitutional, but only a large public outcry will get it taken seriously, and if Bush gets his way, it will take massive public anger to impress the Supreme Court into doing their duty to the Constitution.
Keep an eye on League of Women Voters v. Blackwell. In their latest effort Blackwell, et. al, failed in their attempt to have the case thrown out (Order [.pdf]).
Even though the HAVA claim was thrown out, the motions to deny the constitutional claims, and a change of venue were denied. They are still pressing their claim of “sovereign immunity” as a bar to the injunction.
Small comfort in the current situation, but still a chance for relief.
their judges to rule on it. But don’t worry, when it goes to the OH supreme court one of their judges will throw it out just as they have done in the past.
Sheesh, one of these days I’ll learn to communicate. The way the judged ruled was good news for the voters, basically bad for Blackwell & Taft. If the judge rules against them on the sovereign immunity, the case goes forward. Meaning the voters have a good chance of winning.
I was just commenting that there are a few judges on the Ohio Supreme court that will probably rule for the rethugs as they did during the recount.
The GAO studied the propensity for fraud with electronic voting machines after the 2004 election and came up with many troubling issues, all of which are referenced in this diary.
http://www.gao.gov/new.items/d05956.pdf
Here’s how GAO stated their task:
“In view of the importance and growing role of electronic voting systems,
you asked us to (1) determine the significant security and reliability
concerns that have been identified about these voting systems; (2) identify
recommended practices relevant to ensuring the security and reliability of
such systems; and (3) describe the actions that federal agencies and other
organizations have taken, or plan to take, to improve their security and
reliability. To determine concerns and recommended practices, we
analyzed over 80 recent and relevant reports related to the security and
reliability of electronic voting systems.”
This from the section “Results in Brief.”
“While electronic voting systems hold promise for a more accurate and
efficient election process, numerous entities have raised concerns about
their security and reliability, citing instances of weak security controls,
system design flaws, inadequate system version control, inadequate
security testing, incorrect system configuration, poor security
management, and vague or incomplete voting system standards, among
other issues. For example, studies found (1) some electronic voting
systems did not encrypt cast ballots or system audit logs, and it was
possible to alter both without being detected; (2) it was possible to alter the
files that define how a ballot looks and works so that the votes for one
candidate could be recorded for a different candidate; and (3) vendors
installed uncertified versions of voting system software at the local level. It
is important to note that many of the reported concerns were drawn from
specific system makes and models or from a specific jurisdiction’s election,
and that there is a lack of consensus among election officials and other
experts on the pervasiveness of the concerns. Nevertheless, some of these
concerns were reported to have caused local problems in federal
elections–resulting in the loss or miscount of votes–and therefore merit
attention.”
Radical right wing attacks on separation of church and state, on civility in our society, the corrupt fornicating relationship of corporations and Party and government, and finally an assault on the keystone of democracy…voting….all should convince rational people that we are dealing with a ongoing fascist coup d’etat in American that began in 2000 and continues to this day.
And the MSM ignored the GAO report as well, just as they are ignoring Mark Crispin Miller’s book: “Fooled Again – How the Right Stole the 2004 Election and Will Steal the Next One If We Let Them.” I don’t think that book has gotten a single mainstream media review except at Salon which assigned it to Farhad Manjoo who had previously written pieces ridiculing theories of election fraud. His review was incredibly biased and negative. I am a fan of Salon, but not on this occasion.
In addition to your comment, I found a good news piece that relates to the GAO findings.
This guy is a real American judge, as opposed to over 50% of the Supreme Court of the United States.
I understand why the MSM doesn’t pursue these vote rigging schemes, and certainly I understand why the Repubs don’t.
What I don’t quite get is why the Dems don’t press this issue with extreme vigor. Even though doing so would certainly invite the wingnut smear machine to call thewm sore losers and all that other crap, they could nevertheless make a pretty poignant and meaningful case for how this kind of thing is undermining the essence of the constitution and destroying Democracy. And they could explain this in easily understandable, uncomplicated language that virtually everyone could understand.
Sowhy aren’t they doing it? Do they envision utilizing the fraud for themselves at some future date? Are they that contaminated ethically?
Any ideas?
If this is a reason for reasonable Ohians to take to the streets, I don’t know what is. Any Ohio people out there ready to take up the mantle on this one?
Are these people just intent on destroying the alleged democracy we have in this country, or at least the republic? And are these the same people who wrap themselves in the flag and cry about others’ not supporting the troops who are fighting for our freedoms? Or am I just having an incredibly bad nightmare?!
Kind of ironic that our troops are supposedly fighting for the freedom and democracy of Iraq while our democracy goes down the damn toilet. Who’s going to fight for OUR freedom?!
But perhaps the lack of mainstream media coverage about this abominable bill is that, right now, there’s nothing more than mere speculation that the Ohio State Senate might act anytime soon. I’m not saying that the Senate won’t move on this before the end of the year, but it’s probably worth noting that HB3 passed the House nearly seven months ago, on May 17. The next day, the measure was introduced in the Senate and assigned to the Rules Committee, which has yet to report the bill out. A quick review of the Status Report of Legislation (28-page PDF) seems to show that the Ohio Senate is certainly capable of acting quickly on House legislation when it chooses to do so.
If we’re fortunate, the bill may wind up as a victim of the scandals circulating through the Ohio GOP and not move forward any further, dying a quiet death in the run-up to the 2006 statewide elections. However, given the typical levels of hubris exhibited by Republicans all around the country, they might just try to make this into a Christmas present for themselves. (The League of Women Voters of Ohio speculates that the Senate may not take up the bill until sometime in 2006.) My point, however, is that the media isn’t covering this extensively right now because there doesn’t seem to be anything that’s really happening — if the Senate reports the bill out of committee, I’d expect the media to sit up and take notice. At least, that would be my hope.
I hope you are right, but the Columbus Free Press has been on top of the vote fraud and suppression from the beginning, and their reporting has been very accurate up to now. I suspect that if they are reporting on this now it is because they know something is up.
Maybe this is the CFP’s attempt to get through to some people who haven’t been paying attention or aren’t sufficiently alarmed, yet.
There’s no doubt that the bill is there, sitting in the Senate Rules Committee, and could come out at any time. Indeed, the “best” time for the Ohio GOP to move the bill through the Senate and then get it signed into law would be during the holiday season, simply because people would be paying less attention. Once we’re into 2006, the potential for a glaring light to be thrown on the legislation is much greater, I should think. Hopefully, there just aren’t enough days remaining on the legislative calendar for this to happen in 2005.
Did anyone say fraud?
I like verifiable paper, thank you very much!
It all proves nothing… But it sure is fun to laugh at everyone that won’t even consider the possibility of fraud in US elections.
Just going by memory, wasn’t Clint Curtis the whistleblower in Florida that was approached to write software to steal an election? I was always amazed at the lack of coverage he and Officer Lemme(?) from FL DoT received in the MSM.
All of that is likely to be drawn out, eventually, from the Abramoff-Scanlon-Ney-and others plea deals or trials.
I don’t think that allegation has been proven, but it is out there, and yes, it was Clint Curtis.
That was tied in also with questionable deals with a Chinese company and their NASA contracts. I believe it may have had connections to some ongoing investigations. Curtis’ testimony in affidavits still stands and he passed at least one polygraph in relation to them.
Coingate, with Ney in Ohio and others in Florida were connected by some of the Abramoff connections and tied in with DoT/toll monies in FL.
Taft came into more serious allegations when Tom and Bernadette Noe challenged his claims about knowledge of Coingate relationships. Bernadette Noe did some nasty election stuff for Blackwell and then they left her hanging afterward.
It’s my guess that all of this has been getting attention in the various trials and investigations. When apparently desperate measures are attempted, like the HB, I see it as a sign the heat is on somewhere.
Not surprising that the MSM hasn’t given this much attention but where are the screaming Dems, especially those from Ohio? What could be more important than fair elections? And yet we’ve been bombarded today with news of Jennifer’s booby photos. So much for priorities.
They’re probably waiting for the momentum to swing their way. The electronic voting machine system exploits aren’t partisan. They just happen to favor the Rethuglicans in power right now. If the GOP is crippled by scandal, the Dems might need this advantage to keep a 3rd party candidate out of office.