At the end of the last election there were a lot of charges made that Republicans worked to surpress voter turnout. Many of those charges were widely reported.
What follows is the American Center for Voting Rights examination of charges made against both Democrats and Republicans. I've posted the charges made against Democarts first.
Thinks it's worth noting that the most egregious charges are the least reported. You can find the report in total at:
http://www.ac4vr.com/reports/072005/default.htmlIncidents Of Voter Intimidation & Suppression
(A) Five Democrat Operatives In Milwaukee Charged With Slashing Tires Of Republican Vans On Morning Of Election Day (60) (Exhibit E)
On Monday, January 24, 2005, five Democrat operatives were charged with felony counts of ?criminal damage to property? for slashing the tires of 25 get-out-the-vote vans rented by Republicans early on the morning of Election Day. The vans had been rented by Republicans to help transport observers and voters to the polls on Election Day. The five individuals charged in the case were all paid Democrat operatives. Two defendants in the case are the sons of prominent Milwaukee Democrats: U.S. Rep. Gwen Moore and former Acting Mayor Marvin Pratt, Chairman of the Kerry-Edwards campaign in Milwaukee. (61) The following is a list of the individuals charged with slashing tires on the morning of November 2, 2004, and their connections to the Democrat campaign in 2004:
Michael J. Pratt
Paid $7,965.53 by the Democratic Party of Wisconsin in 2004
Pratt?s father is former Acting Mayor Marvin Pratt, who chaired the Kerry-Edwards campaign in Milwaukee
Sowande Ajumoke Omodunde (a.k.a ?Supreme Solar Allah?)
Paid $6,059.83 by Gwen Moore for Congress and the Democratic Party of Wisconsin in 2004
Son of U.S. Rep. Gwen Moore (D-WI)
Lewis Gibson Caldwell, III
Paid $4,639.09 by Gwen Moore for Congress and the Democratic Party of Wisconsin in 2004
Lavelle Mohammad
Paid $8,858.50 by the Democratic Party of Wisconsin and America Coming Together ($966 for canvassing work in June and July) in 2004
Justin J. Howell
Paid $2,550.29 in 2004 by the Democratic Party of Wisconsin (62)
According to the criminal complaint filed in the case, on the day before the election, DNC consultant Opel Simmons witnessed individuals at the Democratic headquarters in Milwaukee discussing a plan to go to the Republican campaign office and cover it with yard signs, placards and bumper stickers. They referred to their plan as ?Operation Elephant Takeover.? However, upon learning that there were security guards at the Republican headquarters, they called off the operation. (63)
According to the complaint, at about 3 a.m. on Election Day, several people at the Democratic headquarters were gearing up for another project. Some of them dressed in what was described as ?Mission Impossible? type gear ? black outfits and knit caps. Simmons asked them what they were up to and warned them about the security guard. One of them told Simmons, ?Oh, man, you don?t want to know, you don?t want to know.? They were laughing and joking and continued to tell Simmons that he did not want to know what they were going to do. (64)
About 20 minutes later, the group returned to Democrat headquarters very excited, saying things like:
?They won?t go anywhere now, man, we got ?em, we got ?em?
?Man, I walked right past the security guard. He didn?t even know anything was going on.?
?That?s ?cause, you know, I was acting all crazy, you know, I was acting crazy. I even let him watch me piss.? (65)
The group went on talking about the affair and described the sound of the air escaping the tires. There was apparently much bragging as they described their various roles in the escapade. Mohammad was the ?deception guy? who walked around acting drunk. According to the criminal complaint, when Simmons asked them what was going on, defendant Michael Pratt told him, ?We got ?em. We hit the tires.? Simmons told investigators that at some point on Election Day a staffer at Democrat headquarters pulled an article on the tire-slashing incident from the Milwaukee Journal Sentinel?s website. Simmons said that upon seeing the article, defendant Lavelle Mohammad said he wanted to frame it and put it on his wall. Simmons said he did not talk to any of the other defendants about the tire slashing incident over the course of Election Day. (66)
While the Kerry-Edwards campaign and state Democrats denied knowledge of the plan to vandalize the Republican get-out-the-vote vehicles, the vehicle used by the defendants was rented by Simmons, a political consultant from Virginia working for the DNC in Wisconsin. According to the criminal complaint filed in the case, Simmons told police that he had rented the vehicle ?to be used by his workers for their campaign activities.? When questioned by police on the night of November 2, Simmons said he knew that five of his workers were involved in slashing tires at Republican headquarters early that morning, and identified all five defendants to police. (67)
In all, forty tires on 25 separate vehicles were slashed in the incident causing $4,192.35 of damage to the tires, plus $1,125 in towing charges. Since the damage exceeded the $2,500 threshold for a felony, the five were charged with felony ?criminal damage to property,? which carries a maximum punishment of 3 1/2 years in prison and a $10,000 fine. The five defendants pleaded not guilty at their March 4 arraignments. (68) A trial was originally scheduled for mid-July, but has since been postponed until January 2006. (69)
(B) Court Issues Injunction Against Democrat Operatives Targeting Ohio Voters With Phone Calls Providing Deceptive Information to Voters
During the U.S. House Administration Committee hearings in March 2005, a common point of inquiry was the issue of phone calls made in an apparent effort to misdirect voters. The committee?s Ranking Member, Rep. Juanita Millender-McDonald (D-CA), stated that Ohio voters were ?disenfranchised? when ?voters were told ? that the presidential election would be on Wednesday the 3rd of November as opposed to November 2nd.? (70)
Ohio voters who had identified themselves as Republicans received telephone calls telling them that the election was to be held a day later than Election Day, that their polling locations had been changed and that they could only vote if they brought four separate pieces of identification to the poll. This information was intentionally deceptive and intended to direct voters to a polling place where they would not be able to cast a ballot.
The Marion County Common Pleas Court issued a temporary restraining order against the Marion and Greene County Democratic Parties, the Ohio Democratic Party and America Coming Together (ACT) enjoining them from making inaccurate and deceptive phone calls to targeted voters. (71) (Exhibit F) The judge originally assigned to the case recused himself because he had ?personally received a phone call? like the one described by the plaintiff in which incorrect information about date of the election and polling place was given, a point he noted in the Judgment Entry he signed effectuating his recusal. The Ohio Supreme Court appointed a visiting judge to hear the case who then issued a temporary restraining order against the county and state Democrat parties and against ACT. (72)
Judge David C. Faulkner ordered state and local Democrats and ACT to stop their calls ?misstating the date of the November 2, 2004 election? and ?directing [voters] to the wrong location to which they should report to vote.? (73) Faulkner?s restraining order specifically stopped the Democrats from the following activities:
?Any acts of interfering in any way with the rights of Ohio registered voters to vote in the November 2, 2004 election, including, but not limited to, telephoning or contacting in any way any such registered voters and misstating the date of the November 2, 2004 election, directing them to the wrong location to which they should report to vote, telling such voters that they must bring certain documentation to the polls in order to vote and suggesting to, telling or implying to said voters that there are procedural and/or documentary hurdles they must overcome in order to vote in the November 2, 2004 election.? (74)
The Marion County Democratic Party provided an affidavit in the case that explained its role in the matter. The affidavit, as completed by Cathy Chaffin, Chair of the Marion County Democratic Party, explained that Kerry-Edwards campaign staffers made the misleading phone calls blocked by Judge Faulker?s order. Chaffin stated in the affidavit that once she became aware that Kerry-Edwards staffers were using her office space to make calls giving ?the wrong polling location? to voters, she tried multiple times to get them to stop the calls, to the point of threatening to kick them out of the office if the calls did not stop. Below are the key points from Chaffin?s affidavit. (75)
The Marion County Democratic Party provided space to the Kerry-Edwards campaign for use as its campaign headquarters.
Ms. Chaffin became aware that Kerry-Edwards staffers were placing telephone calls to voters and giving out voting locations and ?that the wrong polling location was being given.?
Ms. Chaffin called Kerry-Edwards campaign staffer Jim Secreto and told him the activity must stop. She was assured that it would stop.
A few days later, Ms. Chaffin learned that the phone calls were continuing. She again told Mr. Secreto to stop and again was told that the activity would cease.
Finally, on Election Day, Ms. Chaffin learned that the telephone calls were still being made. At that time, she told Mr. Secreto that if the calls did not stop, he would have to leave Marion County Democratic Headquarters. (76)
The case is still pending before the Marion County Court of Common Pleas.
(C) Court Issues Injunction Against Democratic National Committee Ordering It To Stop Distributing Intimidating Materials To Republican Volunteers In Florida
On Election Day 2004, a Seminole County, Florida, court stopped the DNC and state Democratic Party from ?further intimidation? and dissemination of materials that were ?designed or intended to intimidate or unduly threaten the activities of poll watchers? organized by the Florida Republican Party. (77) (Exhibit G)
Florida law allows all candidates and political parties to have observers in polling places to monitor the conduct of the election. Both the Florida Republican Party and the state Democratic Party organized thousands of volunteers to participate in the election observers in polling locations across Florida. (78)
Under Florida law, the names and addresses of volunteer poll observers are filed with election officials in advance of the election. The DNC and Florida Democrat Partyic obtained these records on the identity of Republican poll observers and sought to prevent them from volunteering by sending them a letter threatening legal action against them personally. The letter, entitled ?IMPORTANT LEGAL NOTICE,? stated that each poll watcher receiving the document had ?now been provided notice of the law.? (79) (Exhibit H)
Individual volunteers who received the letter threatening legal action by the DNC went to court in Seminole County and obtained an injunction against the DNC and the Florida Democratic Party. (80) Seminole Circuit Judge Nancy Alley ordered the DNC, Florida Democratic Party and Democratic Executive Committee of Seminole County to stop ?further intimidation, further dissemination of these materials ? designed or intended to intimidate or unduly threaten the activities of poll watchers who are duly carrying out their responsibilities? granted under Florida law. The court ruled that the flyer constituted a ?misrepresentation of [poll observers?] legal rights and obligations.? (81) The DNC sought an emergency appeal of the trial court?s order to the Florida Appeals Court but was rebuffed. (82) (Exhibit I)
(D) Intimidating And Misleading Phone Calls To GOP Volunteers Made By President Bill Clinton And DNC General Counsel Joe Sandler In Florida
In addition to the intimidating letters sent by the DNC to Republican volunteers, the DNC paid for recorded phone calls to Republican poll observers? homes in Florida featuring the same message that the court in Seminole County found to be intimidating and misleading.
These phone calls were recorded by former President Bill Clinton and DNC General Counsel Joe Sandler. The call from Sandler said, ?Please be advised that any challenge to a voter must be stated in writing, under oath, and that you must have direct and first-hand knowledge of the voter?s ineligibility. Interfering with a citizen?s right to vote is a serious offense and swearing out a false statement is a felony. Violations will be referred to federal and state prosecutors.? The recording finished by noting, ?This call is paid for by the Democratic National Committee,
www.democrats.org, not authorized by any candidate.? (83) (Exhibit J)
(E) Court Orders MoveOn.org To Cease Voter Intimidation And Harassment In Ohio
On Election Day, individuals in Franklin County, Ohio, were threatened and harassed at their polling places by agents of MoveOn.org after being asked about their voting preference and revealing their intention to vote Republican. Similar situations are alleged to have occurred elsewhere around the state and prompted a lawsuit filed in the Franklin County Common Pleas Court. Voters were intimidated by MoveOn.org in an attempt to dissuade them from voting for George W. Bush or in an attempt to harass them after they voted. (84) (Exhibit K)
Examples of such intimidation include one plaintiff who arrived at his polling place and was called over to a table operated by MoveOn.org that promised ?Free Coffee.? The plaintiff asked for a cup of coffee, was asked if he would voter for Kerry, and responded that he would not. The person at the table refused him a cup of coffee. The plaintiff then noticed that particular individual and others standing near the plaintiff?s car. When he exited the polling place, the MoveOn.org table was placed in front of his car, blocking his exit. When he asked them to move, the individuals harassed him, took his picture and recorded his license plate. (85)
Another voter noticed a loud and boisterous gentleman at her polling place wearing a ?Voting Rights Staff? badge and standing well within 100 feet of the polling place. In fact, he stood right outside one plaintiff?s voting booth and told her that she only had a few seconds left and needed to make her final vote. These plaintiffs sought, and received, a temporary restraining order against MoveOn.org. The complaint has subsequently been amended to include allegations of similar acts by agents of MoveOn.org that occurred elsewhere in the state. (86)
(F) Ohio Court Ordered Democrat Polling Place Challengers To Remove Deceptive Arm Bands and Badges
On Election Day, several Lucas County voters brought suit against the Lucas County Board of Elections and Democratic challengers in the polling place who were wearing armbands and/or badges identifying them as ?Voter Protection Staff,? ?Voting Rights Staff,? and other similar terms. The Lucas County Court of Common Pleas granted the temporary restraining order prohibiting the use of such intimidating insignia. (87) (Exhibit L)
(G) Violence Against Republican Volunteers In Philadelphia On Election Day
Philadelphia has a long history of vote fraud and intimidation. (88) According to press and police reports filed on November 2, this past election was no different. Reports indicate that Republican volunteers in Philadelphia were violently intimidated by Democrat activists on Election Day 2004.
One Republican activist, working as a Bush campaign legal volunteer to monitor the vote in Philadelphia, was ?cornered in a parking lot by roughly 10 large men, whom the police later identified as ?union goons.?? The men tried to tip over the minivan the Republican attorneys were sharing, ?punching it relentlessly, breaking parts off and failing to drag us out, they chased us in and out of the dense urban traffic.? It took ?a frantic 911 call and a police roadblock? to stop the assault, and the GOP volunteers ?had to be secreted out of town to safety by a police escort.? (89) (Exhibit M)
According to police reports filed after the incident, the union members? SUV was a rental vehicle. (90) (Exhibit N) On Election Day, rental vehicles were used all over the city ?primarily by the parties ? for transporting voters and election monitors.? (91)
(H) Union-Coordinated Violence And Intimidation Against Republican Campaign Offices And Volunteers
On October 5, a Bush-Cheney campaign volunteer in Orlando had his arm broken when trying to stop union activists from storming the campaign office. This incident was part of a series of simultaneous demonstrations coordinated by the AFL-CIO against Bush-Cheney campaign offices in 20 cities, intimidating campaign volunteers with violence and vandalism. In Orlando, AFL-CIO members stormed and ransacked the Bush-Cheney field office as part of what one local newscaster called a ?coordinated attack against the Bush-Cheney campaign.? Protesters also defaced posters of President Bush and dumped piles of letters on to the floor of the office. Several protesters in Orlando faced possible assault charges as a result of the incident. (92)
As part of the 20-city anti-Bush protest, more than 100 AFL-CIO members ?stormed? the Bush-Cheney campaign?s Miami office and ?pushed volunteers? inside. Three dozen union members rushed a campaign office in Tampa, shaking up elderly volunteers. (93) Union members staged an ?invasion? of the Republican campaign office in West Allis, Wisconsin, where police were called after 50 activists ?marched right in? and ?took over the place for about 30 minutes? with bullhorns and chanting. (94)
(I) Violence And Other Incidents of Intimidation
In 2004, Republicans were subject to an aggressive and sometimes violent campaign of harassment and intimidation orchestrated by Kerry supporters. At least three Bush-Cheney offices were shot at during the election season. A swastika was burned into the front yard of a Bush-Cheney supporter in Madison, Wisconsin. Other incidents included offices burglarized, windows smashed, tires slashed and other property damage. The following is a timeline of documented election-related violence and intimidation against the Bush-Cheney ?04 campaign and Republicans in 2004.
September 2, 2004: Gun Shot Fired Into Huntington, WV, Republican Headquarters. (95)
September 3, 2004: Windows Broken, Anti-Bush Messages Scrawled At Gallatin County, MT, Republican Headquarters. (96)
September 6, 2004: Huntington, WV, Republican Headquarters Egged. (97)
September 13, 2004: Swastika Drawn On Duluth, MN, Resident?s Lawn, Signs Also Defaced With Words ?Nazi? And ?Liar.? (98)
September 16, 2004: Community College Professor In Florida Punched Republican County Chairman In Face. (99)
September 22, 2004: West Elmira, NY, Resident Found Swastika Drawn On Bush Campaign Sign In His Yard. (100)
September 23, 2004: Office Ransacked During Break-In At Vilas County, WI, Republican Headquarters, Obscene Words And Graphic Pictures Sprayed On Campaign Signs. (101)
September 26, 2004: Windows Smashed And Signs Stolen At Oxford, MS, Bush-Cheney ?04 Headquarters. (102)
October 1, 2004: Laptops Of Executive And Field Director Stolen From Bush-Cheney ?04 Headquarters In Seattle, WA. (103)
October 1, 2004: Swastika Burned Into Front Yard Of Bush-Cheney ?04 Supporter In Madison, WI. (104)
October 2, 2004: Collinsville, OH, Resident Chains Down Bush-Cheney ?04 Signs After Several Signs Stolen And One Was Replaced With Kerry Sign. (105)
October 3, 2004: Burglary At Thousand Oaks, CA, Victory 2004 Headquarters Where Bush-Cheney ?04 Banner Was Stolen From Outside Premises. (106)
October 5, 2004: Gun Shots Fired Into Knoxville, TN, Bush-Cheney ?04 Office, Shattering Office?s Glass Front Doors. (107)
October 8, 2004: Two Men Were Caught On A Hidden Camera Tearing Down And Urinating On Bush-Cheney ?04 Sign In Akron, OH. (108)
October 9, 2004: Oxnard, CA, Supporter Placing Bush-Cheney ?04 In Yards Verbally Abused, Knocked Down And Had Signs Stolen. (109)
October 9, 2004: Bush-Cheney Signs Near Vail, CO, Cut In Half And Burned In ?Ransacking.? (110)
October 10, 2004: Office Windows Broken And Field Director?s Laptop Bag and Purse Stolen In Burglary At Canton, OH, Victory Office. (111)
October 11, 2004: Windows Broken, Petty Cash Stolen And Computers Tampered With In Burglary At Spokane, WA, Victory 2004 Headquarters. (112)
October 13, 2004: Walls And Windows Of York, PA, Victory 2004 Headquarters Vandalized With Pro-Kerry Spray-Paint And Signs Outside Destroyed. (113)
October 13, 2004: Window Smashed At Laconia, NH, Victory 2004 Headquarters. (114)
October 13, 2004: Kerry Supporter Caught Stealing Bush Sign In Cape Girardeau, MO, Pulled Knife On Sign?s Owner And Was Arrested. (115)
October 15, 2004: Someone Destroyed Large Plywood Bush-Cheney ?04 Sign, Then Tried To Smash Debris Though Glass Door Of Santa Fe, NM, Republican Party Headquarters. (116)
October 15, 2004: Someone Lined Window Sill With Bullet Casings At Littleton, NH, Republican Headquarters. (117)
October 16, 2004: Unknown Suspects Vandalized Large Bush-Cheney Campaign Sign In Hollister, CA, With Obscenities. (118)
October 17, 2004: Stickers Placed Over Windows Of Gettysburg, PA, Victory 2004 Headquarters. (119)
October 18, 2004: Eggs Thrown At Keene, NH, Victory 2004 Headquarters. (120)
October 18, 2004: 21 Protesters Arrested At Bush-Cheney ?04 Campaign Headquarters In Arlington, VA. (121)
October 20, 2004: Rocks Thrown Through Windows At Multnomah County, OR, Republican Party Headquarters. (122)
October 21, 2004: Bomb Threat Made Against Lake Havasu, AZ, Republican Party Headquarters. (123)
October 21, 2004: Windows Smashed At Multnomah County Republican Party Headquarters In Portland, OR. (124)
October 22, 2004: Break-In Discovered At Cincinnati, OH, Victory 2004 Headquarters. (125)
October 22, 2004: Break-In Discovered At Flagstaff, AZ, Victory 2004 Headquarters. Perpetrators gained entry by throwing a cinder block through a plate glass window. (126)
October 22, 2004: Chunk Of Concrete Tossed Through Glass Door Of Republican Headquarters In Santa Cruz, CA. (127)
October 23, 2004: Two Kerry Supporters Arrested After Stealing Pro-Bush Signs From Activist And Pushing Police Officer At Edwards Rally In St. Petersburg, FL. (128)
Return To Index
Incidents Of Voter Intimidation & Suppression
(A) Charges Of Long Lines Orchestrated By Republicans To Suppress The Minority Vote
On June 2, 2005, Democratic National Committee Chairman Howard Dean charged that Republicans caused long lines at polling places on Election Day to suppress the minority vote. Dean stated:
?The Republicans are all about suppressing votes: two voting machines if you live in a black district, 10 voting machines if you live in a white district. ? You know, the idea that you have to wait on line for eight hours to cast your ballot in Florida there?s something the matter with that. ? Well, Republicans, I guess, can do that because a lot of them never made an honest living in their lives.? (7)
Dean was just the latest Democrat leader to make this charge. In January 2005, the Rev. Jesse Jackson charged that ?blatant discrimination in the distribution of voting machines ensured long lines in inner-city and working-class precincts that favored John Kerry, while the exurban districts that favored President Bush had no similar problems.? (8) The Democrat staff of the House Judiciary Committee, led by Ranking Member Rep. John Conyers (D-MI), alleged in a January 2005 report that ?the misallocation of voting machines [in Ohio] led to unprecedented lines that disenfranchised scores, if not hundreds of thousands, of predominantly minority and Democratic voters.? The Conyers report specifically cited Franklin County, Ohio, as an area in which Republicans intentionally misallocated voting machines in order to cause long lines and disenfranchise minority voters. (9)
However, Democrat election officials in Franklin County and the U.S. Department of Justice have refuted this allegation. During the recent U.S. House Administration Committee hearing held in Columbus, William Anthony, Chairman of the Franklin County Democratic Party and County Board of Elections, flatly rejected the allegation that long lines were part of some effort to disenfranchise minorities and/or Democrat voters. Anthony further testified that long lines were not limited to minority and Democrat communities. Anthony stated under oath:
?Some have alleged that precincts in predominantly African American or Democratic precincts were deliberately targeted for a reduction in voting machines, thus creating the only lines in the county. I can assure you Mr. Chairman and members of the committee, both as a leader in the black community and Chairman of the local Democratic Party and a labor leader and Chairman of the Board of Elections, that these accusations are simply not true.? (10)
Anthony stated that ?on Election Day I spent several hours driving around the county in the rain and observed long lines in every part of our county, in urban and suburban neighborhoods, black and white communities, Democrat and Republican precincts.? He referred to those who made claims about long lines and disenfranchisement as ?conspiracy theorists? and ?Internet bloggers.? (11)
Anthony noted that the entire process for allocating voting machines in the county was controlled by a Democratic supervisor. (12) He cited three reasons for the long lines in Franklin County on Election Day 2004: increased voter turnout, static resources and an exceptionally long ballot. (13) Finally, Anthony was ?personally offended? by these allegations. As he told The Columbus Dispatch, ?I am a black man. Why would I sit there and disenfranchise voters in my own community? ? I feel like they?re accusing me of suppressing the black vote. I?ve fought my whole life for people?s right to vote.? (14)
In July 2005, the U.S. Department of Justice reported that its investigation of Franklin County found that the county ?assigned voting machines in a non-discriminatory manner.? As to charges of racial disparities in voting machine allocation, the Justice Department found that ?the allocation of voting machines actually favored black voters because more white voters were voting on each voting machine than black voters.? The Department reported that white precincts averaged 172 voters per machine, while black precincts averaged 159 voters per machine. Noting that elections in Franklin County ? and everywhere in Ohio ? are run by a six-member Board of Elections equally divided between Republicans and Democrats, the Department concluded that ?long lines were attributable not to the allocation of machines, but to the lack of sufficient machines to serve a dramatically enlarged electorate under any allocation.? (15) (Exhibit B)
(B) State Rep. John Pappageorge?s Statement That Republicans Needed To ?Suppress? The Detroit Vote
In the 2004 campaign, Democrats repeatedly cited a quote by 73-year-old Michigan state Rep. John Pappageorge as evidence of Republican plans to suppress the minority vote. In July 2004, Pappageorge was quoted by the Detroit Free Press as saying, ?If we do not suppress the Detroit vote, we?re going to have a tough time in this election.? Detroit is 83 percent African American. (16)
When questioned about his statement, Pappageorge said the quote was misunderstood and then apologized to every Detroit legislator in the state House of Representatives. Pappageorge stated, ?In the context that we were talking about, I said we?ve got to get the vote up in Oakland (County) and the vote down in Detroit. You get it down with a good message.? (17) Pappageorge immediately resigned from his position as a chairman of Michigan Veterans for Bush-Cheney. (18)
We have found no evidence of any plan by Pappageorge or others to suppress the minority vote in Detroit. In fact, minority voter participation in the presidential election in Michigan was up in 2004. (19) Voter turnout in Detroit increased in 2004 from 2000, and African American voters reportedly voted 95 percent for John Kerry. (20) Statements such as those by Pappageorge are highly inflammatory, even in the absence of any corresponding effort to suppress voter turnout. No political party, candidate or campaign should premise its success on a strategy of suppressing the participation of any class or group of voters, whatever that group of voters? racial or demographic characteristics. Rather, the political process works best when the parties, candidates and their campaigns focus on delivering a message that encourages their support and seeks to persuade voters to support their position.
(C) Charges That Republicans Spread Misinformation On Date of Election And Polling Places
In the weeks leading up to Election Day 2004, there were scattered reports of misinformation being spread about where and when the vote would take place. In Ohio, there were reports of fliers being distributed that said Republicans were to vote on Tuesday (November 2) and Democrats on Wednesday (November 3). Callers to nursing homes reportedly told senior citizens that the elderly were not allowed to vote and other callers directed people to the wrong polling places in African American neighborhoods or said voters who owed back child support or had unpaid parking tickets would be arrested if they came to the polls. (21)
No paid Republican operative has been linked to these misinformation efforts. A review of such incidents linked to paid Democrat operatives appears in the next section of this report. While we found no evidence that GOP operatives were responsible for these heinous acts, both the Republican and Democrat parties and law enforcement should be fully committed to investigating and prosecuting all reported efforts to misinform voters, or any effort to intentionally misdirect a voter so the voter will be denied the opportunity to participate in the election. What follows is a review of incidents in which it was charged that Republicans misinformed Democrat voters in 2004.
News reports indicate that in Franklin County, Ohio, a bogus flier was distributed telling Democrats to vote on Wednesday, November 3, the day after Election Day. The flier falsely claimed to be from the Franklin County Board of Elections. Republican operatives were never linked its distribution, and the Chairman of the Franklin County Democratic Party ?didn?t think it was a ploy by his Republican counterparts.? Election officials took action to counteract this false information. (22) Franklin County Elections Director Matthew Damschroder, a Republican, held a press conference to warn voters about the fraudulent flier and reemphasize that the election was indeed on November 2. The county Elections Board also mailed a post card to each of the more than 800,000 registered voters in the county informing them of their correct precinct and voting location at a cost of over $250,000 to the county. (23) These efforts by election officials to respond quickly to reports of voter misinformation are commendable and illustrate responsible action in response to this issue.
In Lake County, Ohio, some voters reportedly received letters on fake election board letterhead telling them that if they were registered by certain Democrat groups they would be unable to vote on Election Day. (24) The letter, headlined ?Urgent Advisory,? said that no one registered by NAACP, America Coming Together (ACT), or the John Kerry and Capri Cafaro campaigns would be able to vote because the groups had registered voters illegally. (25) ACT spokesman Jess Goode charged that the letter was ?proof positive that the Republicans are trying to steal the election in Ohio. They know they can?t win if all legitimate Ohio voters cast their ballots, so they?re kicking up a storm of voter intimidation and suppression.? (26) The Cleveland Plain Dealer reported that Lake County Sheriff Dan Dunlap was investigating the matter. We could find no evidence that any paid Republican operative was linked to these letters in Lake County.
In Milwaukee, a flier from the fictional group ?Milwaukee Black Voters League? was reportedly distributed in African American neighborhoods inaccurately telling voters they were ineligible if they voted previously in the year or if they had been convicted of any offense, no matter how minor. (27) The flier also warned, ?If you violate any of these laws, you can get ten years in prison and your children will get taken away from you.? (28) A spokesman for the Wisconsin Republican Party denounced the flier as ?appalling,? and a Bush-Cheney ?04 spokesman said the campaign would ?not tolerate any effort to suppress or intimidate voters.? (29) We were unable to find any reports of Republican operatives linked to the Milwaukee fliers.
At least some of the misleading information on voting locations came from the Kerry campaign itself. On Election Day, The Columbus Dispatch reported that hundreds of Columbus voters received directions to the wrong polling places after Kerry campaign canvassers ?mixed up the precincts in several Columbus neighborhoods.? While the Dispatch reported that the affected neighborhoods were ?predominantly pro-Kerry,? some residents were extremely unhappy after receiving directions to the wrong polling place. Dawn M. McCombs, 37, ?who complained to the Ohio Democratic Party about the error,? said ?This just really makes me mad ? It?s just stupid.? Columbus resident Yolanda Tolliver, who received one of the Kerry campaign fliers, was concerned about how the mistake might affect the area?s elderly and poor residents. ?We have people who have to work, and people who don?t work at all. They?re used to being discouraged. What happens is when they get frustrated, they won?t vote at all,? Tolliver said. Franklin County Board of Elections Director Matthew Damschroder said that while he didn?t think the distribution of the incorrect poll information was ?malicious,? it ?could disenfranchise a voter.? (30)
(D) McAuliffe Letter Alleging RNC-Funded Disenfranchisement
On October 13, DNC Chairman Terry McAuliffe sent a letter to RNC Chairman Ed Gillespie accusing Republicans of ?systematic efforts to disenfranchise voters ? to impose unlawful ID requirements in New Mexico, to throw eligible voters off the rolls in Clark County Nevada and to deprive voters of their rights to vote a provisional ballot in Ohio, among other examples.? The letter argued that while Republicans claimed to combat vote fraud, ?it is actually the Republicans who are engaging in vote fraud in Nevada, Oregon and potentially other states.? McAuliffe cited the example of a voter registration organization paid by the RNC that was accused of ?ripping up Democratic voter registration forms? in Nevada. (31)
McAuliffe?s reference to ?ripping up Democrat voter registration forms? was a reference to the charges leveled by a former employee of the voter registration firm Sproul & Associates. These charges were, however, later found to be without merit. In October 2004, former Sproul & Associates employee Eric Russell claimed to have witnessed his supervisors tearing up Democrat registration forms. Russell, who admitted to being a disgruntled employee upset about not being paid for work he claimed to have done, said he witnessed his supervisor shred eight to ten Democratic registration forms from prospective voters. (32)
On the basis of these allegations, the Nevada Democratic Party sued the state of Nevada to reopen voter registration only in Clark County. A state court judge rejected the suit, saying that Democrats? thin evidence of registration forms actually being destroyed did not justify reopening the registration process. (33)
In late October, Nevada Secretary of State Dean Heller announced that a state investigation of Eric Russell?s claims against Sproul found ?no evidence of an organized or concerted effort which would influence or impact the result of the elections in Clark County based on these allegations.? (34)
Allegations were also made that Sproul & Associates was registering Republicans exclusively and tearing up registration cards in Minnesota, Oregon, Pennsylvania and West Virginia. (35) While the Secretary of State and Attorney General launched investigations of Sproul?s activities in Oregon, there are no reports indicating any indictments or other legal actions taken against Sproul or its workers in these states. (36) The mere fact of these allegations and the other documented abuses of the voter registration process and incidents of voter registration fraud detailed in this report support reforming the process by which third-party groups participate in voter registration efforts and call for more accountability and oversight of third party voter registration efforts by election officials.
(E) Charges That Republicans Targeted Minority Precincts For Polling Place Challengers In Jefferson County, Kentucky
Prior to and since the 2003 elections, Democrats and their allies alleged that the Jefferson County, Kentucky, Republican Party?s placement of challengers in Democrat precincts was an attempt to suppress the African American vote by illegally targeting precincts in the county based on race. (37) Days before the 2003 gubernatorial election, the American Civil Liberties Union filed a lawsuit accusing the county Republican Party of singling out minority Democrat precincts for intimidation through vote challengers. (38)
On November 4, Jefferson County Circuit Judge Thomas Wine denied the ACLU?s effort to ban GOP challengers from the polls and determined that their allegations of racial targeting were not supported by the evidence. Judge Wine found that Republicans placed challengers in county precincts without regard to any racial criteria. The judge ruled that the county Republican Party used a ?racially neutral? method of placing challengers, choosing those precincts ?with the highest percentage of registered Democratic voters vis-?-vis Republican.? Judge Wine noted that ?speculation alone? by the ACLU and Democrats about the challengers? placement was ?not sufficient? to merit a restraining order. According to Judge Wine?s order, state law entitled Republicans to have challengers at the polls on Election Day and barred such challengers from disrupting the election process by ?intimidating or harassing verbally? any voter, under penalty of being removed from the polling place. (39) (Exhibit C)
Despite the charge that Republicans were seeking to suppress the African American vote through their poll watcher program, the results of elections in 2003 and 2004 showed the opposite effect. In 2003, African American turnout actually increased in key county precincts targeted by Republicans for monitoring, and elections officials reported ?no problems? with the Republican poll watchers. (40) President Bush actually lost Jefferson County by a larger margin in 2004 than he did in 2000. John Kerry won the county by 5,592 votes in 2004, while Al Gore won it in 2000 by 4,849 votes. (41)
(F) Ohio Challenger Allegations
In the weeks leading up to the 2004 election, the issue of partisan challengers at polling places in Ohio became a lightning rod for charges voter intimidation and suppression. Ohio law allows observers who have been properly registered and credentialed by boards of election to be present at polling locations to observe the conduct of election. The observers are supervised by election officials and have a narrowly defined role. Ohio law allows each party, as well as candidates and issue campaigns, to appoint these observers, denominated as ?challengers? in the statutes. Both Republicans and Democrats applied to have thousands of challengers monitor the vote across Ohio on November 2. (42)
Republicans said they wanted challengers in polling places because of concerns about fraudulently registered voters in Ohio. (43) Democrats said they registered challengers only to watch the GOP observers, who they accused of trying to intimidate minority voters. The Rev. Jesse Jackson called the Republican challenger effort ?Old South politics, a type of intimidation.? (44)
Democrats ?filed lawsuits accusing the GOP of trying to suppress turnout and intimidate black voters? through their challenger program. One lawsuit, filed by civil rights activists Marian and Don Spencer, asked U.S. District Judge Susan J. Dlott of Cincinnati ?for an emergency restraining order barring partisan challengers from polling stations? in Ohio on the grounds that such challengers would ?intimidate black voters.? (45) Another lawsuit brought by Summit County Democrats asked U.S. District Judge John Adams of Akron to ?to declare unconstitutional a decades-old Ohio law that allows challengers to sit in polling places and challenge voters.? (46) Both Judge Dlott and Judge Adams held that the Ohio statute providing for challengers was unconstitutional and barred challengers from the polls on Election Day. (47) Neither Dlott or Adams ruled that the Republican challengers were intended to suppress minority voter participation. During the hearing before Judge Dlott Republicans were questioned extensively about the Republican challengers and the evidence established that the determination of which polling places Republican challengers observed was made without regard to any racial characteristic of the precincts in which challengers participated.
However, early on the morning of Election Day, a three-judge panel from the 6th U.S. Circuit Court of Appeals in Cincinnati overturned the lower courts? rulings to allow challengers in Ohio polling places. The court ruled that the presence of Election Day challengers was allowed under state law, and that while registered voters should be able to cast ballots freely, there is also a ?strong public interest in permitting legitimate statutory processes to operate to preclude voting by those who are not entitled to vote.? (48) The Plaintiffs appealed the 6th Circuit?s ruling to the U.S. Supreme Court, but Associate Justice John Paul Stevens declined to hear the case, and thus refused to block the election challengers. Justice Stevens wrote that while the accusations leveled by the Plaintiffs were ?undoubtedly serious? time was too short for the court to render a proper decision. Stevens also expressed faith in local election officials in declining to hear the case by writing, ?I have faith that the elected officials and numerous election volunteers on the ground will carry out their responsibilities in a way that will enable qualified voters to cast their ballots.? (49)
Allegations that Republican challengers in the polls would ?intimidate and suppress the black vote? in Ohio in 2004, were spectacularly unfounded. African American turnout was up in predominantly black precincts in Ohio. In Cleveland, ?turnout was up nearly 22 percent [from 2000] and it went higher in some black wards.? In 2004, President Bush doubled his support from Ohio?s black voters from 2000. According to the Cleveland Plain Dealer, ?Black voters may have given President Bush the edge in Ohio.? (50) The paper also reported that the ?most feared delays of the election ? from Republican challengers questioning the validity of voters at the polls ? never materialized.? (51) According to the New York Times, ?there were no reports that large numbers of voters were being challenged or denied a ballot [in Ohio].? (52)
On April 28, 2005, U.S. District Judge Susan J. Dlott issued an order denying a second motion for preliminary injunction against Republicans, holding that no voter?s due process rights are violated by Ohio?s polling place challenger rules. Judge Dlott ruled that there was no evidence to support giving the plaintiffs any relief on any of their claims. (53) (Exhibit D)
The plaintiffs in the case had claimed that the procedures established by the Republican Secretary of State would deprive properly registered voters of the opportunity to vote. They asserted that a voter whose qualifications to vote were challenged would be denied rights because they might fail to fully answer questions put to them by the precinct judges. According to Judge Dlott, the plaintiffs ?failed to establish a likelihood of success on the merits of claims and have not shown that any irreparable injury has resulted or will result from the [challenge] procedures.? Judge Dlott held that the plaintiffs ?produced no evidence at the hearing that any eligible voter was wrongfully denied a ballot under [the Ohio challenger rules] in the November 2004 election or that such a voter would be denied a ballot in any future election.? Judge Dlott reasoned that ?while the magnitude of the burden of having one?s properly registered right to vote revoked is great, there is no evidence that it has happened or will happen in May?s primary.? (54)
It has been noted that it is not difficult to convince the winner of an election that the result was proper and the election was fair and honest. The difficulty is to assure the losing candidate and party that the election was legitimate. Providing openness and transparency in the conduct of elections is an important means to assure that voters and the participants in the election (the candidates and political parties) ? especially those who sought a different outcome - have confidence that the election has been conducted in a fair and honest manner and that the result is a legitimate expression of the will of the voters. The presence of observers in polling places deters attempts at vote fraud and also provides assurance that there was no misconduct by election officials. All political parties and candidates should have appropriate means to have observers in polling places. State law should allow a role for observers and should provide them a meaningful opportunity to monitor the conduct of the election without interfering with the lawful conduct of the election. As the Ohio and Kentucky litigation illustrate, the mere presence of observers in polling places also invites legal challenge that such a presence is in some manner discriminatory. The outcome of the Ohio and Kentucky litigation and the actual participation in the respective elections by minority voters suggests that claims of observers lawfully monitoring the conduct of the election does not deter participation by minority or other voters.