Our involvement in the next few weeks is essential to assert democratic
control over the election
process. The price of liberty is eternal vigilance. This flyer is a collaboration
of over a dozen
people who have been researching and documenting the truth. It provides
a point by point analysis
of some key myths. Please read, copy, and forward to friends, relatives
and colleagues!
1) Myth: Al Gore has a responsibility to concede the election.
Fact: A 330 vote margin out of 6 million votes cast in Florida is incredibly
close! It is roughly
equivalent to a 1-vote margin in a city with 40,000 people and 18,000 voters.
It is extremely rare for an election this close NOT to be contested for
several weeks until a
manual recount can take place, with observers from both sides taking part
and inspecting ballots.
This kind of detailed recount has not yet taken place.
According to the US Constitution and the Laws of Florida, it is the responsibility
of officials in
Florida to certify the election results. November 17 is the deadline for
absentee ballots sent from
overseas to arrive. Since the election is close enough in Florida, Oregon,
and New Mexico to be
affected by absentee ballots, the results in those states cannot be certified
before that date.
2) Myth: the number of "spoiled ballots" in Palm Beach County was typical.
In a press briefing televised live on all networks on 11/9/00, Karl Rove
of the Bush campaign
compared the 14,872 invalidated ballots in the 1996 Presidential race to
19,120 ballots for
President that were spoiled in this election.
Fact: the Bush campaign was comparing apples and oranges. There were actually
29,702
invalidated ballots this year in Palm Beach County. This is almost twice
the number in 1996. The
number 19,120 refers to the ballots that were thrown out for voting for
two Presidential candidates.
The remaining 10,582 ballots had no choice recorded for President.
According to the Palm Beach County elections office (www.pbcelections.org),
voters this year
were not confused at all by the rest of the ballot. For example, less than
1% of U.S. Senate votes
were invalidated because of multiple punches, compared with over 4% in
the Presidential contest.
3) Myth: The Palm beach ballot is definitely illegal due to the presence
of punch holes to
the left of some of the candidates.
Fact: According to the Secretary of State's office, there is a loophole
in Florida law that may allow
ballots used for voting machines to deviate from the rules governing paper
ballots. This view has
been contested by hundreds of Florida voters. The final decision on the
legality of the ballot is
likely to be made in court, as long as this issue could have an effect
on the election.
It is possible that the ballot could be ruled illegal on other grounds,
such as the Voting
Accessibility for the Elderly and Handicapped Act or the Americans With
Disabilities Act.
4) Myth: "The more often ballots are recounted, especially by hand, the
more likely it is
that human errors, like lost ballots and other risks, will be introduced.
This frustrates the
very reason why we have moved from hand counting to machine counting."
-- Former
Sec. of State James Baker, speaking on behalf of the Bush campaign at a
press briefing televised
by all networks on 11/10/00.
Fact: In 1997, George W. Bush signed into law a bill stating that hand
recounts were the preferred
method in a close election in Texas. The bill, "HB 330", mandated that
representatives of all
parties be present to prevent fraud.
Laws establishing rights and procedures for hand recounts also exist in
Florida (see Title IX,
Chapter 102). In fact, the Orlando Sentinel, (orlandosentinel.com) reported
that a partial hand
count of Presidential ballots this year was ordered by Republicans in Seminole
County, where
Bush led Gore. This count took place on 11/9 and 11/10, widening Bush's
lead by 98 votes. The
Bush campaign did not complain about this hand count; nor did it complain
about the hand count
on 11/11/00 which put Bush slightly ahead of Gore in New Mexico.
There do exist machine voting systems which are fairly accurate, but antiquated
punch card
systems are notoriously inaccurate. They were outlawed in Massachusetts
in 1997 by Secretary
of State William Galvin after a Congressional primary that was also "too
close to call." The
problem is that if the punched-out pieces of cardboard are not completely
removed from the punch
card, they can obstruct the card reader and the votes will not be counted.
A manual recount of
such cards can clearly reveal the voter's intentions.
5) Myth: The process is unfair because hand recounts were held only in
liberal areas of
Florida, where Gore stands to pick up the most votes.
Fact: It is true that a statewide recount would be more fair, and the Bush
campaign has every
right to request one. According to Florida law, hand recount requests must
come from the
campaigns, not from the state. To fail to request what is commonly referred
to as a "defensive
recount" in conservative areas of Florida, they may be making a tactical
blunder that will cost
them the election.
It is also true that there were voting irregularities in the counties where
the Gore campaign
requested recounts.
6) Myth: "Palm Beach County is a Pat Buchanan stronghold and that's why
Pat Buchanan
received 3407 votes there. According to the Florida Department of State,
16,695 voters in Palm
Beach County are registered to the Independent Party, the Reform Party,
or the American Reform
Party, an increase of 110% since the 1996 presidential election" -- Ari
Fleischer of the Bush
Campaign, 11/9/00. The 2,000 votes received by the Reform party candidate
for Congress indicate
that party's strength in Palm Beach County (James Baker on Meet the Press,
11/12/00).
Fact: Of those 16,695 voters, only 337 (2 percent) are in the Reform Party
according to Florida
state records. The Reform party candidate for Congress, John McGuire, is
connected to a more
centrist wing of the Reform Party, predating Buchanan's involvement. An
analysis of his support
indicates that it came largely from reform-minded Ralph Nader voters.
Regarding Buchanan's vote total, the Washington Post reported that his
vote percentage in Palm
Beach county was four times as high at the polls as in absentee voting.
Even Buchanan himself
admitted on 11/8/00 on the Today Show that many of his votes actually "belonged
to Al Gore." So
did his campaign manager, Bay Buchanan.
7) Myth: If Gore (or Bush) ends up winning the popular vote, he really
should win the
election even if he loses Florida and other states.
Fact: This is not the way the U.S. Constitution is written. The Electoral
College decision,
imperfect as it may be, is the only one that matters. It may be possible
to reform or eliminate the
electoral college in the future, so that small states would no longer receive
extra electoral votes
out of proportion to their population. But until this change is made by
Constitutional amendment,
the Electoral College is still the law of the land.
8) Myth: The Cook County, Illinois ballot from the home district of Gore
campaign chair
Bill Daley is just like the "butterfly" ballot used in Palm Beach County
(reported by Don
Evans, 11/8/00)
Fact: According to the Chicago Daily Herald on 11/10/00, the ballots in
Chicago which had "facing
pages" were judicial retention questions which only had two punch holes,
Yes and No.
9) Myth: The election process in Florida outside of Palm Beach County was fair.
Fact: Actually, thousands of irregularities in over a half-dozen categories
have already been
reported:
-Ballots ran out in certain precincts according to the LA Times on 11/10/00.
-Carpools of African-American voters were stopped by police, according
to the Los Angeles Times
(11/10/00). In some cases, officers demanded to see a "taxi license".
-Polls closed with people still in line in Tampa, according to the Associated Press.
-In Osceola County, ballots did not line up properly, possibly causing
Gore voters to have their
ballots cast for Harry Browne. Also, Hispanic voters were required to produce
two forms of ID
when only one is required. (source: Associated Press)
-Dozens, and possibly hundreds, of voters in Broward County were unable
to vote because the
Supervisor of Elections did not have enough staff to verify changes of
address.
-Voters were mistakenly removed from voter rolls because their names were
similar to those of
ex-cons. (source: Mother Jones magazine,
http://www.motherjones.com/news_wire/floridavote.html)
-According to Reuters news service (11/8/00), many voters received pencils
rather than pens
when they voted, in violation of state law.
-According to the Miami Herald, many Haitian-American voters were turned
away from precincts
where they were voting for the first time (11/10/00)
-According to Feed Magazine (www.feedmag.com), the mayoral candidate whose
election in
Miami was overturned due to voter fraud, Xavier Suarez, said he was involved
in preparing
absentee ballots for George W. Bush. (11/9/00, reported at
http://www.feedmag.com/templates/daily.php3?a_id=1389)
-According to tompaine.com, CBS's Dan Rather reported a possible computer
error in Volusia
County, Florida, where James Harris, a Socialist Workers Party candidate,
won 9,888 votes. He
won 583 in the rest of the state. [11/9/00] County-level results for Florida
are available at cnn.com.
-Many African-American first-time voters who registered at motor vehicles
offices or in campus
voter registration drives did not appear on the voting rolls, according
to a hearing conducted by the
NAACP and televised on C-SPAN on 11/12/00.
10) Myth: "No evidence of vote fraud, either in the original vote or in
the recount,
has been presented." -- James Baker, representing the Bush campaign on
11/10/00,
in a Florida briefing.
Fact: The election was held just last week, so of course many instances
of fraud have not yet
been substantiated. Even so, authorities have already uncovered clear evidence
of voter fraud
involving absentee ballots.
In Pensacola, Florida, Bush supporter Todd Vinson never received the absentee
ballot he
requested. According to the Associated Press on 11/9/00, it was determined
after an investigation
that this ballot was received by a third party, filled out with a forged
signature, and then sent in.
Assistant State Attorney Russell Edgar, when asked if other absentee ballots
might had been
intercepted, said, "I agree there may well be many more than just this
one."
Much media attention on the issue of voter fraud has been focused on Wisconsin
where
cigarettes were offered to homeless people who were casting absentee ballots,
presumably for
Gore. The Gore campaign claims the cigarettes were not used to "buy" votes.
The London Times
has reported a suspected pro-Bush vote fraud operation in Miami involving
over thousands of
ballots (11/13/00).
11) Myth: It is highly unusual for judges to intervene after an election.
Since the
designer of a disputed ballot in Florida is a member of the party contesting
the election,
a legal challenge is impossible.
Fact: The most fundamental right of a democratic society is the the right
to vote, and to have
one's vote correctly counted. The legal system exists to ensure that people's
rights are not
violated. Whether the person committing a violation is a Democrat or a
Republican does not affect
how that violation should be treated.
Elections are ultimately struggles for political power so it should not
be surprising that disputes
are often resolved in court. Of course judges can be biased. That is why
they must explain their
decisions and why bad arguments can be overturned on appeal.
The Florida Supreme Court ruled in 1998, in connection with a disputed
Volusia County election,
that if there is "substantial noncompliance" with election laws and a "reasonable
doubt" about
whether election results "expressed the will of the voters" then a judge
must "void the contested
election, even in the absence of fraud or intentional wrongdoing." (source:
Wall St. Journal,
10/10/00). The Journal indicated that there was little legal precedent
for revoting in just one area
where an election occured. It would be more likely for a court to order
a new election or to overturn
the result.
These issues have arisen in other states as well. In a Massachusetts Democratic
primary in 1996
for the US House, the election was so close after recounts that a judge
had to make the final
decision after examining some of the ballots that were incompletely punched,
to determine the
intention of the voter. The law clearly dictated that it was the will of
the voter that mattered, and
the candidate who was behind, William Delahunt, went on to win the final
election. Call the
Capitol Switchboard if you have any doubts at 202-225-3121.
12) Myth: Richard Nixon's party in 1960 did the honorable thing in not
contesting the
results of the election.
Fact: According to a column in the Los Angeles Times, 11/10/00, "on Nov.
11, three days after
the election, Thruston B. Morton, a Kentucky senator and the Republican
Party's national
chairman, launched bids for recounts or investigations in not just Illinois
and Texas but also
Delaware, Michigan, Minnesota, Missouri, New Jersey, New Mexico, Nevada,
Pennsylvania and
South Carolina. A few days later, Robert H. Finch and Leonard W. Hall,
two Nixon intimates, sent
agents to conduct what they called "field checks" in eight of those 11
battlegrounds. In New
Jersey, local Republicans obtained court orders for recounts; Texans brought
suit in federal court.
Illinois witnessed the most vigorous crusade. Nixon aide Peter Flanigan
encouraged the creation
of a Chicago-area Nixon Recount Committee. As late as Nov. 23, Republican
National Committee
general counsel H. Meade Alcorn Jr. was still predicting Nixon would take
Illinois." Recounts
continued into December, but did not succeed in overturning the result
of the election.
13) Myth: "Governor Bush is still the winner, subject only to counting
the overseas
ballots, which traditionally have favored the Republican candidates" --
James Baker,
Press Briefing, 11/10/00
Fact: The number of yet-to-be-counted overseas military ballots is likely
to be in the range of 500
to 2000, based on the 1996 election in which there were 2,300 oversees
absentee ballots overall,
with roughly 60% of them coming from people enlisted in the military. According
to CNN
[11/10/00], the military overseas ballots that arrived before the election
were already counted.
The biggest difference from 1996 is that Clinton -- who avoided the draft
-- was running against
Dole, a decorated military veteran.
In 2000 George W. Bush -- who avoided service in Vietnam and actually lost
flying privileges in
the Texas Air National Guard -- is running against Al Gore, a veteran who
served in Vietnam.
It is just as possible that Gore will gain a few hundred votes from veterans
as the other way
around. It is also possible that the Gore ticket will pick up votes from
Democratic diplomatic
appointees, or temporary residents and dual citizens of Israel.
Rich Cowan was the founder of the Center for Campus Organizing from 1991
to 1996 and is
currently the chair of the Organizers' Collaborative - http://www.organizenow.net/