David Damron and Roger Roy
SENTINEL STAFF WRITER
Posted May 7, 2001
PENSACOLA -- One of the best-kept secrets in Florida's disputed 2000 presidential
election is that thousands of ballots that ultimately counted were never
even filled out by voters.
With no outside scrutiny, county officials on Election Day made new copies
of at least
10,000 mismarked or torn absentee ballots that the counting machines initially
couldn't
read. More than 2,400 absentee ballots were duplicated in Escambia County
alone -- about
11 percent of all absentee votes cast in that county.
Among the 10,000 ballots duplicated statewide were untold numbers of ballots
that
machines couldn't read but that election officials said showed "clear intent"
in the
presidential race or other contests. By duplicating those ballots to make
them
machine-readable, officials saved many from being thrown out in a presidential
race
decided by just 537 votes.
This systematic effort -- blessed by Florida law but never raised in the
pitched
election-recount fight -- challenges the successful GOP courtroom argument
that
without clear standards, humans should not be looking for voter intent
where machines
couldn't find any.
In fact, election workers did just that -- and long before a recount fight
made each ballot a
legal battleground. Ironically, the process probably helped the candidate
who would
later argue so vehemently against manual recounts -- George W. Bush.
Mostly absentee ballots
An Orlando Sentinel analysis of the absentee-duplicating process across
Florida
found it was concentrated in the 26 counties with the same optical-scan
voting technology
state lawmakers decided last week to require statewide. With tabulating
machines based in
polling places, the system gives voters a second chance to correct ballot
mistakes on the spot.
All but a handful of the ballots saved by election workers in those 26
counties were
absentee ballots -- a category of votes that Bush dominated by a near 2-to-1
margin. But
because the duplicating process is so loosely documented, county workers
can't say how many
of the rescued votes were in the presidential race and how many were in
other races.
"This is a startling and important development," said Kendall Coffey, a
leading recount
lawyer for Democrat Al Gore. Coffey said he had not heard of any widespread
duplications being done to save flawed ballots.
Though he agreed it surely helped Bush, he didn't condemn it. The counties
did, albeit selectively, stick to the principle of "count every vote,"
he said.
But on a different level, Coffey said, such a vote-salvaging effort was
basically what the Florida Supreme Court ordered on Dec. 8, when it told
counties to look at uncounted ballots and tally those showing "clear intent."
Coffey contends that knowing about the duplication of rejected ballots
surely
would have bolstered Democratic arguments to keep the hand counts going.
The fact was, hardly anyone knew. "I never heard this was going on until
now," Coffey said.
Of course, the state court order never played out because the U.S. Supreme
Court stopped it the next day and ultimately ruled that such a recount
would
deny equal protection to all voters. Justices cited a lack of uniform statewide
standards as a main reason to shut the hand count down.
Practice is legal in Florida
Bush recount lawyer Barry Richard discounted the importance of knowing
about the duplicated absentees last week, saying it would have had little
impact on judges deciding vote cases. He too, was unaware it had been done.
Still, even had it been known, "I think the same legal result would have
occurred," Richard said.
Duplicating ballots is perfectly legal. State rules have always required
that
duplicates be made for unreadable ballots. A Volusia County vote fraud
case
reaffirmed the practice.
In a 1996 sheriff's race, Gus Beckstrom filed a suit challenging his
1,100-vote loss to Sheriff Bob Vogel. Beckstrom argued that fraud and
negligence occurred in counting more than 27,000 absentee ballots -- many
of which were marked over again by election officials because they were
illegible to computer scanners.
The state Supreme Court ruled that no fraud was involved, and said Vogel
deserved to win. But the case drove home the point that county officials
cannot
alter the original ballot to save it -- they must create a duplicate ballot
instead.
The reason officials in most of the 26 counties with precinct tabulators
gave
for duplicating so many absentees is that they wanted mail-in ballots to
be
counted as carefully and fairly as those cast in polling places.
The voting machines in these precincts are designed to immediately reject
unreadable ballots so voters can fix them. But absentee voters aren't around
to make corrections when officials find mistakes on Election Day.
To make matters worse for absentee ballots, they arrive folded and stuffed
into envelopes. The folds sometimes cause ballots to get caught in counting
equipment.
So counting machines might turn them into accordions. Or, like some in
Orange, they were mangled into puzzle pieces for workers to put back
together and duplicate.
Still, they get counted. However, in many cases, absentees were in good
shape physically, but badly mismarked by voters.
Some voted for too many candidates in a race -- a clear "overvote" -- or
made no marks at all -- a clear "undervote." Even duplicated, such ballots
could not be counted. But an overvote ballot where two ovals were marked
but one of those was erased would usually pass the "intent" test with
officials. So they would create the duplicate ballot with only one oval
filled,
and it would be fed through the machine and counted as a vote.
If the ballot was too marginal for election workers to make the call, it
would
be passed on to the canvassing board.
"The absentees are scrutinized to make sure every vote counts," Walton
County Elections Supervisor Melissa Beasley said. "It's a very lengthy
process."
Absentees a GOP priority
In Florida, Republicans mounted an aggressive absentee-ballot effort and
targeted voters with personal appeals from Gov. Jeb Bush and other GOP
luminaries.
State Republican Party Chairman Al Cardenas boasted at one time that the
GOP held at least a 100,000-ballot advantage in requested absentees over
Democrats.
And these tedious ballot-salvaging expeditions occurred almost exclusively
within that pool of mostly Republican voters.
So the Election Night vote-saving effort was surely adding to Bush's eventual
lead at the same moment TV networks were declaring and retracting
winners in Florida's razor-thin race.
Given that, Democratic leaders still maintain they would not have mounted
challenges to throw out these salvaged absentees, had they known they existed.
"Whether it favors one candidate or not, every vote should count," said
state
Democratic Party Chairman Bob Poe. "The whole question in all of this was
always fairness anyway."
Standards varied widely
Even within the 26 counties that made the extra effort to salvage absentee
votes, standards and procedures varied.
Orange County officials rarely looked for voter intent in the absentee
pile.
They only did it in cases when a single candidate was picked at the top
of
the ballot and again as a write-in candidate. But while such "write-in
overvotes" were salvaged in Orange, Columbia County officials refused to
accept them -- even though state law says they are valid votes.
Seminole and Alachua County looked at all overvotes and duplicated those
with clear intent. But exactly what amounted to "intent" on Election Night
differed from one county to the next.
Sometimes the contradictions came within a single county. In Escambia,
standards for what counted as a vote differed between absentees and votes
cast at polling places.
Absentee ballots that contained write-in overvotes were duplicated and
counted. Identical ballots from precinct polling places were also reviewed
by
election workers -- but these were thrown out as overvotes.
Among those rejected ballots from Escambia precincts were 118 legally
valid votes for Gore and 49 for Bush, a Sentinel examination found. Counting
these ballots would have trimmed 69 votes from Bush's 537-vote margin of
victory.
Escambia Election Supervisor Bonnie Jones said the double-standard for
write-in overvotes was adopted because names of the qualified write-in
candidates are posted in polling places. Absentee voters who wouldn't see
those postings are at a disadvantage, said Jones, a longtime Democrat now
registered with no party affiliation.
Like other counties that duplicated ballots, Escambia officials can't say
how
many went to a particular candidate, or even a particular contest on the
ballot. Whatever the number, the votes almost certainly benefited Bush,
who
won Escambia's absentees by a three-to-one margin.
Escambia's "duplicating team" of more than a dozen poll workers went to
great lengths -- working until 2 a.m. -- to make sure their absentee voters
got a second or third look to have a mistaken ballot corrected and duplicated.
But the same election officials opted not to program their precinct voting
machines to give voters a second chance. They decided it would cause long
lines and cost them too many extra ballots -- valued at 23 cents apiece.
Finding exactly how many votes were saved in the ballot-duplicating efforts
and checking the accuracy of the process would be a massive undertaking.
An inspection would have to match up thousands of original ballots, which
are voided and set aside, with their corresponding duplicates, which are
mixed in with the rest of the votes.
In Bay County, where 1,478 absentee ballots were duplicated, that difficult
job would be even harder. Election officials there sealed the original
ballots
in envelopes and refuse to open them now.
So one of the best kept secrets of Election Day 2000 may just stay that way.