Home > Fixing America’s Broken Elections
by Rep. John Conyers
The election debacles in Florida’s 2000 presidential election and Ohio’s 2004 election clearly demonstrate that our nation still has a long way to go in the continuing fight for electoral justice. Our nation cannot withstand deficiencies in machines and procedures that foster legitimate questions about the validity of the election outcome. Our democracy is at risk, and the time is now to move forward with election reform legislation.
Because of unprecedented discrepancies between exit poll results and election day official tallies in the 2004 election, I instructed my staff to examine whether there was any basis to theories that such discrepancies were an indicator that voting irregularities distorted official results. To be sure, aberrant results in exit polls are not proof positive of election irregularities. They are but one indicia or warning that something may have gone wrong-either with the polling or with the election-and that the election results bear greater scrutiny. Guided in part by Steve Freeman’s analysis of the exit polls, I concluded that more examination of the official results was needed.
My staff reviewed thousands of pages of primary source materials, including copies of actual ballots, voter registration databases, and poll books. They also met with several individuals having firsthand knowledge of irregularities. What they found indicated problems in multiple areas, from machine tampering and malfunction, to the intimidation and caging of minority voters in urban and rural areas, to the purposeful misallocation of voting machines and the unjustifiable restrictions that were placed on the use of provisional ballots.
To be sure, many states did not experience the extent of problems found in Florida 2000 and Ohio 2004 and many, many secretaries of state and local election officials are competent, conscientious and trustworthy. Unfortunately, the lesson of 2000 and 2004 is that partisan or negligent decisions by one state election official in a federal election can result in the massive disenfranchisement of the voters of that state-and the distortion of federal election results for all of us. In my view, these consequences dictate the following reforms at a federal level, which I included in the "VOTER Act" that I introduced last week with Congresswoman Stephanie Tubbs Jones, who led the challenge in the House to the Ohio presidential electors. [See text of bill here .]
My staff found substantial evidence, admitted by a Triad voting machine company employee-in public, videotaped testimony- that he developed documents and manipulated voting machines for the purposes of allowing county officials to forgo a legally required full hand recount of ballots. Other instances of inappropriate political advocacy by voting machine company officials are well known.
One does not have to agree that such tampering has been proven, however, to believe that it must be fixed. The unfettered access for voting machine companies and election officials to voting machines and the lack of security of those machines against hacking has convinced me-and should provide sufficient justification to anyone-that we must have a voter verified paper ballot for voting machines.
To some, a voter-verified paper ballot is only acceptable means of creating an auditable record of votes. They are rightly concerned that any form of verification that is not written as ink on paper may be tampered with in the same manner as the original machine vote. However, disabled voters have strongly argued for different and accessible modalities of verification, such as an audio ballots. In the last Congress, this dilemma helped prevent the passage of any legislation. Besides being the right thing to do, unless we reach a satisfactory solution for disabled voters, no bill will pass in this Congress either.
My bill proposes a simple solution: Let the voter decide. Under my bill, before casting a ballot, a voter could obtain a paper version of the ballot that reflects the voter’s selections for each office. That ballot will be kept in a secure manner at the polling place. In the alternative, a voter could obtain another modality of verification and have it retained in a secure manner. Others have suggested that a disabled voter be given access to his or her preferred modality of verification and the machine should produce a paper record duplicating that. I am open to considering any and all means that simultaneously produce a voter verified ballot and protect the rights of the disabled.
But that right to a voter-verified paper ballot is meaningless unless the paper ballot is used. My bill requires election- day audits of voting machines and, if discrepancies are found between paper and machine totals, the use of paper ballots for the official count. In addition, paper ballots would be used for audits and recounts.
For some, fixing or getting rid of machines would end all the problems. This would be a terrible mistake. A machine with a voter-verified paper ballot is useless if you are denied access to that machine by deception, negligence or accident. In the words of Steve Rosenfeld, senior producer at Air America Radio, who testified at my December 5 Ohio hearing, what we saw in election 2004 was a mix of "old school and new school" tactics for disenfranchising voters. If we only combat the "new school" tactics, and leave in place the "old school" thuggery, we will continue to have elections that disenfranchise minority voters and have results which do not reflect the voters’ intent.
In Ohio, voters were denied the exercise of their voting rights because of long lines at polling stations-as long as 10 hours-that made it impracticable for many to vote. The intense investigative efforts of my staff revealed that Democratic and urban areas were purposely shortchanged voting machines. It is not random or coincidental that in vote-rich Franklin County, 27 of the 30 wards with the most machines per registered voter showed majorities for Bush, while six of the seven wards with the fewest machines delivered large margins for Kerry. Under my bill, we will have federal standards that require a fair distribution of voting machines.
In Ohio and throughout the nation, voters were deprived of their voting rights by trickery, and many of these actions were officially sanctioned "on high." To be sure, we have no idea whether official-looking letters giving erroneous information about election day and voting qualifications were approved by Republican officials. However, the most egregious and widespread examples of such activities, the use of "caging" tactics and partisan "challengers," were initiatives of the Ohio Republican Party. Through my investigation of Ohio, we also discovered that an out-of-state group that called themselves the "Texas Strike Force" made intimidating calls to minority voters and had its accommodations paid for by the Ohio Republican Party. Under my bill, there will be stronger laws with stiffer penalties-including a new prohibition on unfair and deceptive practices affecting federal elections.
In Ohio and throughout the nation, voters encountered an overly complex system of registration and onerous deadline that placed undue burdens on working families. Secretary Blackwell’s decision to restrict the use of provisional ballots was not minimal. In one county, more than 1,000 votes were discarded as a result of this directive. Similar edicts, issued by Blackwell, as to a required 80-lb paper weight for voter registration forms created confusion, according to the New York Times , even though Blackwell withdrew the requirement. Indeed, two weeks after the election and more than a month after this edict was withdrawn, at least one county still had it on its website, and it remained on the website of the Secretary of State. Under my bill, every voter would be entitled to register on election day, and to cast a ballot by mail.
It will be an uphill struggle to pass this bill, as it was to put forward a challenge to the 2004 Ohio Presidential electors. As with the challenge, we cannot count on support from the mainstream media, and it will require the efforts our alternative media, and grassroots and netroots activists to continue the climb toward electoral equality. The time to move forward is now.
Forum posts
9 February 2005, 18:16
Only corrupt politicians and/or those that promote fascism would oppose the obviously reasonable and sensible changes Rep. Conyers proposes.
Why the mainstream media would not publicize all the problems that occurred in the most recent election and the solutions needed to fix it for future elections is INEXCUSABLE in a nation that claims to believe so much in democray and freedom and wants tyrannies to follow our lead. To say it is hypocritical and obscene is an understatement.
Without changes to have honest, transparent elections, this country will never survive. It is critical.
10 February 2005, 00:55
The protestors need to either put the damn placards down and just accept their broken "democratic" electoral system, or actually put the placards to good use by marching on DC and jamming them in bushie’s skull. Protesting a stolen election - what’s next, a letter of concern?!?!? Hahahahaha!! Save your breath, folks. Protests don’t work in the bushie-ball’s amerika - only vulgar and shocking action on a MASSIVE scale will do.
10 February 2005, 02:42
I agree with the commentor before me. Trying to fix the electoral system now that we know that it is broken is not going to work. Republicrats (yeah, people from both parties) will see to it that we keep using electronic voting machines.
While I applaud Conyers’ efforts, he has dropped the ball at last. He was our last hope to get a real Congressional investigation into the 2004 Election and he has apparently "moved on" to fixing the system. He was supposed to have sent a letter to the Chairman of the House Judiciary Committee, James Sensenbrenner requesting him, as chairman, to convene such a hearing with full participation from both sides of the aisle. That was mentioned in an interview in Raw Story, online. Has anyone seen that letter? Conyers said he was going to deliver it "tomorrow" and that was a few weeks ago.
And Conyers is shortsighted anyway. He only investigated Ohio in 2004, not any other state in which the exit polls varied widely or massive disenfranchisement took place. While his investigations in Ohio were exhaustive, that’s not to say there weren’t problems elsewhere.
People of America, WAKE UP! We are on our own here. The president was not fairly elected and Congress is content to go along for the ride. There will never be another fiar election in this country in our lifetimes if the last one is not investigated and overturned.
10 February 2005, 10:52
Actually, there are ongoing investigations, and litigation in Ohio. Check around, you’ll see.
10 February 2005, 14:43
this is true, it’s just that they’re trying to hide from the bloody fangs of the corporate press. Once the propaganda arm of the pentagon gets wind of it, you can be sure to see a steady onslaught by CNN/ABC/CBS/FOX/NBC coming out with the smear campaign. They’re being threatened or paid off to do this.
You have to go underground. Melt into the population, pick opportunities to expose the lies and capitalize on those.
For example, imagine if you walked into a restaurant bathroom and feeling high and mighty on your new, "made in china-support our troops" magnet purchase at the quickie mart, you saw a sticker in the toilet that said bush lied my son died. You can wake people up without having to be visible.
Leave no mind behind. Join the truth resistance.
11 February 2005, 21:06
Why is it that whenever the Democrats don’t win, it’s a "broken system"? People, in 2000, you incessantly whined and complained about how the popular vote would have elected Gore over Bush....now that Bush HANDILY won the popular vote, you hide behind the Constitution and the Electoral College, which you so blatantly and grotesquely attacked four short years ago, and say that if Ohio would have been "fair", you would have won. Just accept the loss like adults, for crying out loud. Stop being such hypocrates. We all know and can clearly see that the system has its faults.....the media, which apparently is being "paid off" to smear the democrates, can’t hide the truth, so why even lose any sleep over it??! This is all so ludicrous and is a microchosm of what’s wrong with today’s America. If you don’t like it, DO SOMETHING ABOUT IT. Bomb an embassy or something.....it seems, according to you’re responses, that’s all that is left that will make a difference. This is why there is nothing less than a rampant culture of hate enveloping our once great nation. To cry "conspiracy" whenever things don’t go your way reeks of ignorance and, worse, laziness. The system was built so that our LEADERS would be able to LEAD. We elect our leaders. Lately, we’ve elected far too many complainers and far too few doers. The Democratic leadership is nothing more than a gaggle of confused, do-nothings with big vocabularies, bigger wallets and a penchant for airing dirty laundry. Put the pressure on those you support rather than those you oppose, and perhaps the system will improve. STOP MAKING EXCUSES AND CREATE RESULTS. This beats the heck out of murdering innocent people through terrorism or sitting on the sidelines creating discontent.
PROUD PATRIOT
12 February 2005, 20:40
All we ask for is transparency—without tampering or manipulation. If you (the Republicans or neo-cons) have nothing to hide, then why do you refuse investigations? Let us see that the voters elected this president fair and square and we will stop ’complaining’.
On a different subject, I bet the neo cons are scared to death of ’tell-it-like-it-is’ Dean. I bet they are working around the clock to devise methods to suppress him. However, beware: the American people are much wiser and more skeptical now after being continually lied to.
12 February 2005, 17:13
It is no "accident" that all of these irregularities existed in the most recent election. It was a calculated plan to ensure the election for Bush. When doubt is raised to the validity of the election, they can blame faulty "computers" and voting irregularities.
Did you really think the Bush administration was going to vacate power? LMAO! No way. They have an agenda.
They want to change america. Hopefully when things get sorted out...We the People of America can change things back the way they were and should be in a decent society.
Right now, the people in power are not decent people...they are parasites.
They only rub elbows with other parasites as they infect the Host, the american public.
I don’t know what you see when you look at them, but I see a bunch of hungry maggots lost in their grandiose vision of illegal privilages and invasions of freedoms, liberties and justice to suit their own exclusive desires.
14 February 2005, 17:38
You have to love the sheep republicans that still think like pills limbaugh.
Democrats...please, anyone who can’t see the republicans and most democrats are working together with the corp. media to get you guys to argue trivial matters deserves what they get.
Let America burn, max out your credit cards, dump the stocks, get some foreign property, buy euros/gold, grab some popcorn and enjoy. The runaway train is in motion, you can get in front, or profit off the sheep.
You can argue election reform and gay marriage though, know wonder they call us stupid americans. Oh, and if you really are interested in election reform, you should be supporting the green paty, even I know that. While the democrats play keystone cops, the green party is out there already holding speaking events.
http://votecobb.org/news/
and if you want the goods on bush and his "handily" won election, go check palast’s "bush family fortunes".
http://www.gregpalast.com/bff-dvd.htm
Then watch "bush’s brain": all about the "architect" aka "turd blossom" aka karl rove
When your done with that, enjoy "the power of nightmares"
http://informationclearinghouse.info/video1037.htm
And if you haven’t had enough, you may need to see horns and halos:
http://www.sanderhicks.com/dvd.html
Or maybe hijacking catastrophe, uncovered, outfoxed, unconstitutional, and 9/11 the road to tyranny will wake you up.
How about welcome to terrorland, read all about the "scary" Mohamed Atta, you know, the "jihadist" that likes to eat pork, drink, and sleep with prostitutes. He’s a muslim like bush is conservative.
Very simple, you don’t need to be a stock analyst to see where this is going. Look at the dollar chart since bush took office, look at a gold chart...any questions?(not to mention H.W. has a stake in Barrick gold, along with Adnan Kashoggi=the saudi millionaire in bush’s back pocket)
http://madcowprod.com/
Or you can just go back to sleep and let guys like me profit off your stupidity. If America burns I win. If Bush goes down I win. That’s what you call "smart" money. Land of the greed, home of the slaves.
16 March 2005, 18:35
She’s baaa-aack. Just when you thought it was safe to shake the ketchup bottle, Ter-RAY’-zah Heinz Kerry rears her ugly head. It seems she flew into Seattle earlier this week on her very own Gulfstream jet just to attend a fundraiser for Rep. Adam Smith. And no sooner did she arrive than the yammering began. Among other things, she told everyone she was skeptical about last November’s election results, particularly in parts of the country where optical scanners were used to record the votes. To back up her skepticism she claimed, "Two brothers own 80 percent of the machines used in the United States." And she accused them both of being "hard-right" Republicans. Then, relying on her abounding knowledge of technology, she argued that it’s "very easy to hack into those machines." Unfortunately, she wasn’t unable to offer any actual evidence that the machines were tampered with. Instead, using her razor-sharp powers of observation, she announced, "We in the United States are not a banana republic," forewarning, "I fear for ’06."
Funny, Teresa, but the election results clearly showed that George Bush increased his share of votes by an average of 2.7% over the election of 2000. And that wasn’t just in Ohio and Florida. That was nationwide. There were no spikes anywhere. Only consistency. I guess those two brothers must have been pretty darn skillful to hack into all the optical scanners across the country and make it all look so legitimate. What will the right wing conspiracy think of next?
Always nice to hear from you, Ter-RAY’-zah. Consider yourself God’s own gift to Karl Rove.
17 March 2005, 02:27
You’re baaaa-aaack Mike stuff it up your ass you troll.... if you weren’t so stupid, you would not be so mad at the messenger. You don’t even care if there is no paper trail to make sure that voting is not rigged. Because you are such a sheep, you will support Hitler Bush and his ugly stepfor wife and two bitches he calls his daughters (we’re not sure their his since he is a faggot ex-cheerleader) no matter what dirty thing he does. The flapping tarp over the Bush landfill of stench and corruption can’t cover up his ugly mess or hide the stink....except to the Blind Bush Butt Kissers (that would be you). Mike do us a favor and get your head out of Bush’s ass long enough to come up for air and see the light of day. You’re becoming a bore with your constant attempts to excuse Hitler Bush and his thugs.